Interim Decision #1988 

MATTER OF GROSS 

In Section 212(e) Proceedings 

A-17133431 

Decided by Regional Commissioner July 11, 1969 

Applicant's compliance with the foreign residence requirement would result 

in exceptional hardship to her United States citizen husband within the 

meaning of section 212(e) of the Immigration and Nationality Act, as 

amended, where the citizen husband, recently discharged from the 'U.S. 

Army, intends to seek a college degree utilizing the educational benefits 

which inured to him thereunder. 

ON BEHALF OF APPLICANT: Harold L. Volkmer, Esquire 

120 North Third Street 

Hannibal, Missouri 63401 

This case is before me on appeal from the decision of the District Director, who denied the application on the ground that compliance with the "two-year" rule would not result in exceptional 

hardship to the applicant's spouse. 

The applicant is a citizen of Thailand, born March 12, 1944. 

She was admitted to the United States temporarily on June 22, 

1966 as an exchange alien. On September 1, 1968 she graduated 

from Texas Women's University with a degree in Biology. On 

September 6, 1968 she married Charles Richard Gross, a United 

States citizen. 

The applicant's husband was born at Greensboro, North Carolina. He was honorably discharged from the United States Army 

November 10, 1968 after serving since May 4, 1965. From May 

30, 1966 until April 19, 1967 he served in Vietnam as a helicopter pilot. 

Section 212 (e) provides, in part, as follows: 

... upon the favorable recommendation of the Secretary of State, pursuant 

to the request of an interested United States Government agency, or of the 

Commissioner of Immigration and Naturalization after he has determined 

that departure from the United States would impose exceptional hardship 

upon the alien's spouse or child (if such spouse or child is a citizen of the 

United States or a lawfully resident alien), the Attorney General may waive 

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Interim Decision #1988 

the requirement of such two-year foreign residence abroad in the case if any 

alien whose admission to the United States is found by the Attorney General 

to be in the public interest ... 

The applicant desires to utilize his rights as a veteran, to attend college seeking a degree as Marine Biologist. In addition to 

the educational assistance he would receive under the "G.I. Bill," 

his wife will be able to assist. She is presently employed as a 

medical technologist earning $600 a month. 

The applicant's spouse could not proceed with his education if 

he were to accompany her abroad. If he were to remain in the 

United States while she returned to Thailand for two years, he 

would be required to pay transportation and to support two 

househuld.i. lie would also lose the assistance his wife could afford him in the United States. Veterans educational benefits 

usually expire eight years after the date of discharge. Delay in 

commencing to use his educational benefits could result in their 

expiration before he completed his education. In view of the fact 

that these educational benefits have been given the applicant's 

spouse as a right, in recognition of his service as a member of the 

armed forces, we believe interference with the use of these benefits does constitute "exceptional hardship" to the United States 

citizen spouse, as contemplated by the statute. We believe the 

waiver should be granted. 

It is ordered that the appeal be sustained and that the District 

Director seek the recommendation of the Department of State. 

It is further ordered that the case be processed to completion 

consistent with this order and the recommendation of the Departent of State. 

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