• Ritcfun Decision #1576 

MATTER or DymEncxsuis '- 

In Section 212(e) Proceedings 

A-12308431 

DeOided by District Director 'January 4, 1966 

As compliance with the foreign residence requirement of section 212(e), Iminigration and nationality Act; would result in hardship to the 'United States 

citizen children and spouse of an exchange visitor, a waiver of the requirement is granted, especially 'since the applicant during her training In the 

tinted States participated in the dental treatment of school children, thereby 

imparting her Beni to persons here es well as receiving further training. 

• 

The applicant, a 37-year-old native and citizen of the Philippine 

Islands, last entered the United States through the Port of San 

Francisco, California ' on July 21, 1957. She was admitted as an 

exchange visitor for a postgraduate-,pourse in dentistry. During her 

training, she participated in the dental treatment of school age 

children from schools in New York City. Since this treatment of 

the children was bassd upon her already acquired knowledge, from 

prior training in the Philippine Islands, it has been determined that 

she came to the United States to impart her skill to persons here, as 

well as to receive' further training. A more liberal attitude may 

therefore be taken in determining if the necessary degree of hardship has been established' 

On October 15,.1990 she married Edward W. Duchneskie, a native 

and citizen of the 'United States. Evidence has been presented to . 

establish that three children were born of this marriage,. All were 

born in the 'United States. - 

The applicant's husband is -the Assistant Sales_ Iktanager for an 

automobile agency, with some four years of senior*. He does not 

speak the language of the Philippines, could only enter• country 

as a visitor, and would. be unable to seek gainful employment there. 

• 

'House Report 721, Subcommittee of the House Committee on the judiciary, 

87 CMig., 1st Seas. (1985), at 122. 

583 
Interim Decision #1576 

He would therefore have to earn sufficient money to maintain himself 

in the United States, as well as to attempt to provide a second house- " 

hold in the Philippines for the applicant and the three small children, 

during the two year period the applicant must 'reside abroad. In 

addition, he has a, financial obligation to his mother, who suffers 

from Parkinsons DiSesse in an advanced state. - 

If the applicant took her United States citizen children v;ith 

her to the Philippines it would seriously handicap, if not eliminate. 

entirely, her opportunities for obtaining employment in that country. 

If she eventually obtained employment, would be necessary to 

secure the services of a reliable person to care for the three small 

children during her hours of employment. The?bildren, the oldest 

of whom is less than five years of age, would .then be denied the 

special .care and attention oftheir' mother during her, hours of employment, thus imposing a hardship upon them. 

The Secretary of State, on October 22;1965, recommended to this. 

Service that the waiver be granted to the applicant. The application -will be approved. , , - 

ORDER: The admission to the United States of Mrs. Celia. 

Duchneskie, being in the public interest, the foreign residence and 

physical pres•uce requirements of section 212(e) of the Immigration 

and Nationality Act. are hereby waived.