- 18 - 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.]Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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