Interim De4iiibn . #1459 

MATTER or Sturnmexo 

:./11r.f!ecticin 212 (e)-Proceedings 

A-13184458 

Decided by District Director March 10, 1965 

Since-compliance with the .2-year-foreign-residence requirement of section 

212(e), Immigration and Nationality Act, as amended, would result in exceptional hardship to his United States citizen wife and 4 citizen children, a 

waiver thereof is granted an exchange visitor who has been unable to support his family in the Philippines; who are living with his relatives under 

unsatisfactory and virtually destitute conditions; whose wife has baon 

unable to 'obtain employment in the Philippines and has no relative able to 

render financial assistance; whose oldest child requires corrective surgery 

for which applicant is without funds and facilities are unavailable in the 

area of his residence in the Philippines; and who has been offered a position in the United States and his salary therefrom and available medical 

facilities would enable his child to have the corrective surgery without further extensive• delay. 

The applicant, Dr Antonio Borromeo Santillano, a physician, is 

a 32-year-old citizen of the Philippines. He entered the United 

States no an exchange alien on December 3, 1957, for an internship 

and residency, in medicine. He interned at Deaconess Hospital, St. 

Louis, Missouri. His internship was followed by residencies at St. 

John's Mercy Hospital in St. Louis from July 1959 to June 1961, and 

at Bronx Municipal Hospital Center in New York City from that 

time until June 1963. He departed from the United States on May 

7, 1964, and is now in the Philippines. 

Dr. Santillano .filed an application for a waiver of .the foreignresidence requirement of section 212(e) of the Immigration and Nationality:Act on August 3, 1964. He is married to a citizen of the 

United States and has four United States citizen children, ranging 

In age from one to five years. His wife and children reside with 

him in the Philippines. 

Dr. Santillano has been unable to support his family in the Philippines. They are living with his relatives under unsatisfactory conditions and lire virtually destitute. Mrs. Santillano has been unable 

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Interim Decision #1459 

to obtain employment-in the Philippines and has no relative in the 

United States who is able to give financial help. 

X-rays of the •oldest child shortly before the child's departure 

from the'United States dieblosed a congenital defast which permits 

the intestines to .protrude into the chest •cavitY. This condition has 

resulted in curvature of the spine, which will become progressively 

worse without thoracic surgery. There ark no facilities in the Philippines in the area where the applicant and his family reside to do 

this type of surgery, and the applicant is without funds to pay for 

such surgery. • . • 

Dr. Santillano has been offered a position as a pathologist at SA: 

John's Mercy Hospital. in St. Louis. His salary and the medical 

facilities available would enable his oldest child to .have .the core 

restive surgery required without further extensive delay. 

In view of the foregoing, it has.been determined thait compliance 

with the foreign-residence requirement of sectiok212(e) of the Imi 

migration and Nationality Act would impose exceptional hardship 

upon. theipplicant's United States citizen wife. andohildren. The 

Secretary of State recommends that a waiver of this requirement be 

granted. Therefore, the following order is entered. 

ORDER: It is ordered that the application of Dr. Antonio Borromeo Santillano for a waiver of the two-year foreign residence requirement of section 212(e) of the Immigration and Nationality Act 

be and is hereby granted pursuant to the authority contained in AO 

statute. 

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