Faramarz and Mitra Elghanian - Page 18

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               One reason that we give little weight to the fact that                 
          petitioner had a green card in 1965 is that petitioner, in his              
          dealing with U.S. immigration matters, frequently acted as if he            
          were not a U.S. resident.  First, the record does not indicate              
          that petitioner ever used the green card after his short visit              
          here in July 1965.                                                          
               Second, petitioner used a student visa issued by the United            
          States to enter the United States in 1969 to attend college.                
          Whatever intent to reside in the United States that petitioner              
          may have had when he obtained a green card in 1965 is clouded by            
          his obtaining a student visa, which authorizes an alien to remain           
          in the United States only as long as necessary to complete a                
          course of study plus 60 days.  Sec. 101(a)(15)(F) of the                    
          Immigration and Nationality Act,12 66 Stat. 168, 8 U.S.C. sec.              
          1101(a)(15)(F)(I); see 8 C.F.R. sec. 214.2(f)(5)(iv) (1981).                
               Petitioner testified that he obtained and used a student               
          visa in 1969 to facilitate leaving Iran to attend college in the            
          United States and to facilitate travel to and from Iran when he             

               12  Immigration and Nationality Act (1952), ch. 477, sec.              
          101(a)(15)(F), 66 Stat. 168; 8 U.S.C. sec. 1101(a)(15)(F)(i)                
          (1970), describes persons qualified for a student visa as:                  
               an alien having a residence in a foreign country which                 
               he has no intention of abandoning, who is a bona fide                  
               student qualified to pursue a full course of study and                 
               who seeks to enter the United States temporarily and                   
               solely for the purpose of pursuing such a course of                    
               study consistent with  * * * [requirements set forth                   
               elsewhere in the Code]. [Emphasis added.]                              





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