- 19 - 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).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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