Interim Decision #2501 

MATTER OF MUNG1UIA 

In Section 248 Proceedings 

A-21155436 

Decided by Regional Commissioner June 21, 1976 

An application filed under section 248 of the Immigration and Nationality Act to change 

nonimmigrant status from that of a visitor for pleasure to that of a student as defined in 

section 101(a)(15)(F)(i) of the Act is denied in the case of a 14-year-old alien who seeks 

such change in order to enroll in a course of cosmetology in the State of Louisiana 

because the laws of that state require that a person must be at least 15 years and 3 

months of age at the time of entry into a licensed school of cosmetology. 

ON BEHALF OF APPLICANT: Eugene Barriffe, Jr. 

Attrwriay at Law 

1020 St. Andrew 

, New Orleans, Louisiana 70130 

The applicant is a single, 14-year-old native and citizen of Honduras. 

She was admitted to the United States on March 15, 1976, as a visitor 

fOr pleasure, with authorized stay until April 14, 1976. Her application 

for change of nonimmigrant status was filed on April 7, 1976. Attached, 

was a Certificate of Eligibility, Form 1-20, reflecting enrollment in a 

one-year course of study in cosmetology in Louisiana. Also submitted 

was an affidavit of support from a resident alien cousin of applicant, and 

evidence that the cousin is employed as a cashier at $2.50 per hour. 

The application was denied by the district director on grounds that 

the Louisiana State Board of Cosmetology prohibits the enrollment of 

cosmetology students who are less than 15 years and 3 months of age; 

that the application was an attempt to prolong the stay of applicant in 

the United States; and that insufficient evidence of financial support had 

been submitted. 

On appeal, Counsel for applicant submitted a statement from applicant's mother, in which the care and custody of applicant while in the 

United States was given to the husband of applicant's cousin. Also 

submitted was a further affidavit of support from the present guardian 

of applicant guaranteeing her financial support, and reflecting he has an 

annual income of $9,000.00. The affidavit also reflects the afflant has a 

spouse and two minor children, ages 3% and 1 year, dependent upon him 

for support. 

Section 248 of the Immigration and Nationality Act, reads, in part: 

698 
Interim Decision #2501 

"The Attorney General may, under such conditions as he may prescribe, authorize a 

change from any nonimmigrant classification to any other nonimmigrant classification. . ." (Emphasis supplied.) 

The proceedings, including the material submitted on appeal have 

been carefully reviewed. Although new assurances of financial support 

were submitted, the sponsor does not have three other persons dependent upon him for support. Further, the record reflects that the fee of 

fifty dollars for filing the appeal was paid by the use of two checks, one of 

which was from a legal assistance group, a service for indigent persons. 

Failing a satisfactory explanation of why a social service for indigent 

persons paid a part of the required fee, it must be assumed that the 

affidavits of support cannot be taken at face value, and that ground of 

denial must stand. 

The charge that the filing of this application was a device to prolong 

the stay of applicant is without foundation, and it must be discounted as 

a supposition. 

Finally, the remaining question to be resolved is whether or not the 

age requirements of the Louisiana State Board of Cosmetology are an 

issue here. The prohibition of the Board is based upon Tart. B, Section 

37502, of the Cosmetology Act of the State of Louisiana, which states in 

part, that a person must be at least 15 years and 3 months of age at the 

time of entry into a licensed school of cosmetology_ This requirement is 

based upon Part A of the same Section, which requires a person to be at 

least 16 years of age to be eligible for licensing examination. The 

Occupational Outlook Handbook of the United States Department of 

Labor reflects that cosmetologists shampoo, cut, set, straighten, bleach 

and tint hair. They also may give manicures and scalp and facial treatments. Since some of the functions performed by a cosmetologist could 

cause long-term harm to a patron if not intelligently and properly 

performed, safeguards for the patron in the form of restrictive measures, were incorporated into the Cosmetology Act and they should be 

upheld. Further, this Service does not condone any violation of Federal, 

State, or Municipal ordinance by an alien in the United States, and to 

approve the application would in effect do just that. I must conclude that 

the decision of the district director was correct and proper, and that 

decision will be affirmed. 

ORDER: It is ordered that the decision of the district director is 

affirmed and the appeal is dismissed herewith. 

699