Jesus Garcia Castillo v. Immigration and Naturalization Service

Petitioner, a twenty-five year old single male, a native and citizen of Peru, made two attempts to obtain a visitor’s visa at the United States Embassy in Lima, Peru. On the first occasion petitioner presented a letter falsely stating that a job was waiting for him upon his return to Peru. His application was denied, apparently because the consular officer was not satisfied that petitioner intended to leave the United States at the expiration of the visit period. Petitioner then obtained, through the services of a travel agent, a letter from a doctor indicating that petitioner was going to the United States for a rest and medical treatment. On the strength of this letter petitioner’s second application for a temporary visitor’s visa was granted.

The record, however, discloses that petitioner had not been ill, was not a patient of the doctor writing the letter, and did not intend to seek medical treatment upon entrance to the United States. On the contrary, the record discloses that petitioner intended at the time of acquisition of the visitor’s visa to remain permanently in the United States through adjustment of his status pursuant to section 245 of the Immigration and…