Interim Decision #2250 

MA i 1ER OF ROGALSKI 

Application for Extension of Temporary Stay 

A-20138389 

Decided by District Director December 10, 1973 

n 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(aX15)($) 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. 

Applicant is a 38-year-old native and citizen of Poland. He is 

tarried; his wife and daughter remained in Poland. He was 

imitted to the United States at New York, New York, on April 

3, 1973, as a visitor for pleasure until May 7, 1973. He subseuently was given extensions of his temporary stay until June 7 

nd to December 7, 1973. 

On December 3, 1973, applicant filed an application for further 

dension of his temporary stay. The reason given for requesting 

ie extension was "to study English language." In his two preions applications his stated reason for requesting the extensions 

as "to visit relatives and learn the English language." In an 

tterview before an officer of this Service on December 10, 1973, 

ie applicant stated that he had attended a local public high 

:hool for about seven weeks, two evenings per week, two hours 

ar evening. He has not attended any formal classes since June 5, 

)73, but he claimed to have been taking English lessons privately 

.om a friend. It was necessary to use an interpreter at the 

terview since it was evident that the applicant could not commuteate in, nor could he comprehend, the English language_ During 

to interview, applicant admitted that in applying for his visa he 

ad informed the American consular officer that his purpose in 

timing to the United States was "to visit for approximately 

venty days." 

It is apparent that the above-stated purpose of the applicant in 

lining to the United States has been accomplished. Although 

vlicant has stated on three applications to this Service that at. 

ast one of his purposes in requesting an extension was to learn 

nglish, his pursuit of that objective has hardly been assiduous. 

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Interim Decision #2250 

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(aX15)(B) of the Immigration 

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(aX15XF) 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 English 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. 

ORDER: It is ordered that the application for further extension 

of temporary stay in this case be and hereby is denied. 

508