Chong Shik Ahn v. District Director of the United States Immigration and Naturalization Service

Appellant, a Korean, is dissatisfied with the decision of the District Court, which held that appellee hád not abused his discretion, under 8 U.S.C. § 1258 , in denying appellant’s application for a change of non-immigrant status.

Appellant is a thirty year old married male, originally admitted to the United States on July 27, 1967, as a temporary visitor for pleasure, with permission to stay until December 31, 1967. Before the expiration date, he filed an application for change of non-immigrant status from temporary visitor to that of stu dent. This application was denied on May 27, 1968. The appeal was dismissed by the Regional Commissioner.

Some two months after this decision, appellant again submitted an application for change of non-immigrant status from temporary visitor to that of student. This application was denied on November 18, 1968, on the following grounds: (1) that the applicant failed to present documentary evidence establishing financial resources capable of supporting him, and (2) that applicant had ample time to complete the purpose for which he entered the United States.

Clearly, the documentary, or other, evidence submitted by appellant is wholly…