Interim Decision #1578 

MATikat OF CiallliSHANIM 

In Section 212(e) Proceedings 

A-14211881 

Decided by District Director January 91, 1866 

4 An carburise visitor from Afghanistan, a Moslem, is granted a waiver of the' 

foreign residence requirement of section 212(e), Immigration and Nationality %- 

Act, as amended, since compliance therewith would result in exceptional 

hardship to her non-Moslem, United States-citizen husband and child who, 

it is likely, 'would be• subiect to persecution because of their nationality and 

religion, if they accompanied her abroad; should she depart without her 

husband, economic hardship would result as the only source of family income 

is 8250 per month from a part-time job held (by applicant's husband, a 

student, and he is financially unable to defray transportation abroad for 

applicant and their child ; further, since her family is not pleased with her 

marriage, she doubts they would permit her to reside with them.' - 

Discussion: The applicant, Nooria Moor Cruikshank, is twentyfive years of age,• a native and citizen. of Afghanistan. She was 

-admitted to the United States under her maiden name, Nooria Noor 

as an exchange visitor on November 28, 1962, sponsored by -the 

Agency for International Development to study home economics 

for a period of two years under Exchange Visitor Program No. 

G-II-100. She attended the University of Arizona, Tucson, Arizona, and was granted an extension of stay by this Service until 

November 27, 1964. Her sponsor refused to issue her a Form 

DSP-66 requesting another extension of stay in November 1964 

because she had married a United States citizen. She Would require 

three more years of study to obtain her degree in home economics. 

Satisfactory evidence of Mrs. Cruiirshanles marriage on May 20, 

1964 to a United States citizen audbf the birth in the United States 

of their child, Paul, on November 9, 1964 has been submitted. 

• The applicant resides in Tucson, Arizona with her United Stab 'Ls 

citizen husband and child. Her husband is a student at the University 

of Arizona and'has a part-time job from which he earns $250 per 

month. His wages are their only source of income and he is not 

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• Interim Decision 41578 

financially able to pay transportation for the applicant and their 

child. to Afghanistan. Her family is not pleased with her marriage 

and she doubts if they would permit her to reside with them. The 

applicant has married outside her Moslem religion and she fears 

that should her husband and son return to Afghanistan with her . 

.hardship and possibly physical harm they would suffer extreme 

as her country is a strong Moslem country and the people feel 

strongly about Moslems marrying non-Moslems. She states that 

She would not feel safe living there with her son should. her husband 

remain in this country. 

The State Department has advised that in response to a request 

from Washington headquarters of the Agency for International 

DevelopMent, the alien's sponsor under its Exchange Visitor Prol 

gram, the Mission in Kabul replied that the problems which would 

arise upon Mrs. Cruilmhank's return to Afghanistan -would far offset 

any benefit which might derive from fulfillment by the alien of the 

foreign residence requirement if her American and non-Moslem 

husband and child accompanied her. 

In view of the economic hardship involved and the likelihood 

that residence in the applicant's native country would. subject her 

spouse and child to persecution because of their religion and nationality, it has been determined that compliance with the foreign residence requirement of "'section 212(e) of the Immigration and 

Nationality Act, as mended, would. impose exceptional hardship 

upon Mrs. Cruikshank's United States citizen spouse and child. The 

Secretary of State has recommended that the foreign residence 

requirement be waived. It is found that the admission of the 

applicant would be 'in the public interest. 

ORDER: It is ordered 'that the 'application of Nooria Noor 

Cruikshank for a waiver of the two-year foreign residence requirement of section 212(e) of the .Immigration and Nationality Act, 

as amended, be granted:. 

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