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Volume 14 (Page 507)
MATTER OF ROGALSKI
Application for Extension of Temporary Stay
Decided by District Director December 10, 1973
An application for an extension of nonimmigrant stay as a temporary visitor for the sole purpose of studying the English language is denied, since section 101(a)(15)(B) of the Immigration and Nationality Act specifically precludes from classification as a temporary visitor thereunder an alien coming to the United States for the purpose of study.
BEFORE THE REGIONAL COMMISSIONER
Applicant is a 38-year-old native and citizen of Poland. He is married; his wife and daughter remained in Poland. He was admitted to the United States at New York, New York, on April 16, 1973, as a visitor for pleasure until May 7, 1973. He subsequently was given extensions of his temporary stay until June 7 and to December 7, 1973.
On December 3, 1973, applicant filed an application for further extension of his temporary stay. The reason given for requesting the extension was "to study English language." In his two previous applications his stated reason for requesting the extensions was "to visit relatives and learn the English language." In an interview before an officer of this Service on December 10, 1973, the applicant stated that he had attended a local public high school for about seven weeks, two evenings per week, two hours
per evening. He has not attended any formal classes since June 5, 1973, but he claimed to have been taking English lessons privately from a friend. It was necessary to use an interpreter at the interview since it was evident that the applicant could not communicate in, nor could he comprehend, the English language. During the interview, applicant admitted that in applying for his visa he had informed the American consular officer that his purpose in coming to the United States was "to visit for approximate
ly twenty days."
It is apparent that the above-stated purpose of the applicant in coming to the United States has been accomplished. Although applicant has stated on three applications to this Service that at least one of his purposes in requesting an extension was to learn English, his pursuit of that objective has hardly been assiduous. The applicant has not established a desire to study English incidental and secondary to a more cogent reason for requesting an extension of his stay. Section 101(a)(15)(B) of the Immigra
tion and Nationality Act specifically excludes a person coming to this country for the purpose of study from classification as a temporary visitor for business or pleasure. An alien coming temporarily solely for the purpose of study may, if otherwise qualified, be classified as a student under section 101(a)(15)(F) of the Act. The applicant now gives no other reason for desiring an extension of his stay in the United States. The applicant has not indicated any objective which would warrant his study of Engl
ish on a full-time basis, nor has he applied to change his nonimmigrant status to that of a nonimmigrant student.
It is found that the facts do not warrant the granting of a third extension of stay. The application will, therefore, be denied.
It is ordered that the application for further extension of temporary stay in this case be and hereby is denied.