Ashok Peter Menezes v. Immigration and Naturalization Service

Menezes petitions for review of a deportation order for failure to comply with the conditions of the nonimmigrant status under which he was admitted. We affirm.

FACTS

On August 15, 1972, Menezes entered the United States from India as a nonimmi-grant temporary visitor for pleasure. He .was later permitted to remain until February 28, 1973, by adjusting his status to that of nonimmigrant student.

On March 7, 1973, the Immigration and Naturalization Service (INS) initiated deportation proceedings because Menezes’ permission to remain had expired. At a deportation hearing on March 29, he admitted that he was no longer a full time student as required by his nonimmigrant status, but denied deportability because, on March 24, 1973, he had married a United States citizen. Because of the marriage, the immigration judge continued the case to allow Menezes’ wife to petition the INS for issuance of an immigration visa for her husband.

In April 1973, Menezes’ wife filed an immediate relative visa petition on his behalf, which was finally approved in April, 1975. In the meantime, an order of deportation had issued against him but, in May 1975, the Board of Immigration Appeals (BIA) granted…