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did not have his green card. Despite his explanation, we believe
petitioner’s use of a student visa is inconsistent with a claim
that, at that time, he intended to be in the United States other
than as a student.
Third, petitioner entered the United States under a B-1 or
B-2 visa in 1979. Aliens entering the United States under a B
visa may stay in the United States only temporarily. Sec.
101(a)(15)(B) of the Immigration and Nationality Act,13 66 Stat.
167, 8 U.S.C. sec. 1101(a)(15)(B);14 8 C.F.R. 214.2(b)(1976).
Authorities issuing the B visa presumably found15 that petitioner
qualified for it at the time; i.e., that he was entering the
13 Immigration and Nationality Act (1952), ch. 477, sec.
101(a)(15)(B), 66 Stat. 167; 8 U.S.C. sec. 1101(a)(15)(B) (1970),
describes persons qualifying for a B visa as:
(15) The term "immigrant" means every alien except
an alien who is within one of the following classes of
nonimmigrant aliens–
* * * * * * *
(B) an alien (other than one coming for the
purpose of study or of performing skilled or unskilled
labor or as a representative of foreign press, radio,
film, or other foreign information media coming to
engage in such vocation) having a residence in a
foreign country which he has no intention of abandoning
and who is visiting the United States temporarily for
business or temporarily for pleasure; [Emphasis added.]
14 See supra note 9.
15 See Zacharias v. McGrath, 105 F. Supp. 421, 427 (D.D.C.
1952) (presumption of regularity applies to immigration matters).
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