thanks. however, you might be thinking the wrong way - I see no ethics problems with my comments.
neither my client's visa nor her I-94 card has such marking.
what happens in the real world may be different from what you believe. no. 1, a visitor may not have I-20 yet at the time of entry, or may be uncertain about the prospect of getting I-20 at that point; no. 2, he may change his mind after entry; no. 3, if no question is asked about whether he is going to be a prospective student, he may be unaware that he is expected to tell that he may apply to change status. In these situations, we can't simply say that the visitor violated this or that.
More importantly, USCIS adjudicators have wide discretion in approving or denying petitions and applications. We can't simplistically say either that the officer departs from the rule when his or her decision appears to be contrary to black letters.
Regads,
Ling Guo, Esq.
申教授律師行 SHENLAW, LLC
http://shenlaw.com
lg@shenlaw.com