## Facts

- Irfan I. Bitar, a citizen of Jordan, considered attending college in the United States in July 1981.
- On July 13, 1981, Bitar’s father obtained a letter from the director of the Arab Chamber of Commerce and Industry in Jerusalem stating that his father could financially support Bitar’s college education in the United States.
- Bitar later claimed he abandoned plans to study in the United States and instead registered for college in Jerusalem.
- On August 13, 1981, Bitar received a B-2 visitor visa from the U.S. Consulate in Jerusalem to visit his brother in Colorado.
- Bitar entered the United States on September 9, 1981.
- Within weeks of entry, Bitar applied to extend his B-2 stay, stating he had become interested in attending the University of Colorado at Boulder and intended to submit an I-20 and change status to F-1.
- On September 25, 1981, Bitar learned that the Jerusalem school he planned to attend had closed due to political problems.
- INS granted Bitar’s B-2 extension, authorizing him to remain until January 9, 1982.
- On November 11, 1981, Bitar was accepted for admission to the Community College of Denver (North Campus).
- On November 16, 1981, Bitar applied to INS to change his nonimmigrant status from B-2 visitor for pleasure to F-1 student (requesting permission to remain for several years).
- Bitar submitted school eligibility and admission documents and financial-support materials, including the July 13, 1981 letter referencing U.S. study.
- On May 19, 1982, the INS District Director denied the change-of-status request, concluding Bitar had attempted to avoid standard student-visa procedures by obtaining a visitor visa when he intended to study in the United States.
- The INS regional commissioner dismissed Bitar’s administrative appeal on August 10, 1982, and later denied reconsideration on April 21, 1983, stating Bitar had not met his burden to show eligibility for the benefit sought.
- INS issued an order to show cause on May 5, 1983, initiating deportation proceedings.
- On August 1, 1983, Bitar filed suit in the U.S. District Court for the District of Colorado seeking declaratory relief that the denial was arbitrary, an abuse of discretion, and contrary to law and that he was entitled to student status.
- The parties stipulated that the court could decide the matter as if on cross-motions for summary judgment based on the administrative record.

## Issues

1. Whether INS’s denial of Bitar’s application to change status from B-2 visitor to F-1 student was arbitrary, capricious, an abuse of discretion, or otherwise contrary to law under the Administrative Procedure Act.
2. Whether the administrative record supported INS’s conclusion that Bitar sought to bypass student-visa issuance procedures by entering as a B-2 visitor while intending to study.
3. Whether Bitar met his burden to show eligibility for the requested change of nonimmigrant status.

## Decision

- The court held that INS’s denial of Bitar’s application for student status was not arbitrary, an abuse of discretion, or contrary to law.
- The court denied Bitar’s request for a declaration that he was entitled to student status.
- The court dismissed Bitar’s complaint, leaving the agency denial in place.

## Legal Principles

- Under the APA, judicial review of agency action is limited; a court may set aside an agency decision only if it is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
- A change of nonimmigrant status is a discretionary immigration benefit; the applicant must satisfy statutory and regulatory requirements and also persuade the agency to grant the request.
- The applicant bears the burden to establish eligibility for the immigration benefit sought.
- INS may deny a B-2 to F-1 change-of-status request when the record supports a finding that the applicant intended to study at the time of visa issuance or entry and used B-2 admission to avoid ordinary student-visa processing.
- Evidence such as pre-entry planning for U.S. study and prompt post-entry steps to pursue enrollment can support the agency’s conclusion that the applicant’s visitor classification was used for an improper purpose.

## Conclusion

The District of Colorado upheld INS’s discretionary denial of Irfan Bitar’s request to change from B-2 visitor to F-1 student because the administrative record supported the agency’s finding that he intended to study in the United States when he obtained and used his visitor visa and therefore attempted to bypass standard student-visa procedures; under deferential APA review, the denial was not arbitrary, an abuse of discretion, or contrary to law, and Bitar failed to carry his burden to prove eligibility.


Bitar v. United States Department of Justice, 582 F. Supp. 417 (1983)