Faramarz and Mitra Elghanian - Page 19

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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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