Interim Decision *plum 

Mates or Nassnir 

In Section 212 (e) Proceedings 

A-18939138 

Decided by Deputy Associate Commissioner May 29, 1968 

As a general rule, where both the spouse and child(ren) of an exchange , visitor alien are United States citizens or lawful permanent residents, exceptional 

hardship within the meaning or section 212(e) or the Immigration and wetonality Act, as amended, exists as a result of the difficulty experienced by a 

family with children in parting from their relatives, friends and familiar surroundings and attempting to adjust to life in a foreign country where they are 

not familiar with the language, mores or culture ; additionally, an alien who 

goes abroad without his family seldom commands sufficient salary to support 

big family in the United States, and tare for the family generally precludes 

acceptance of employment by the wife. 

Discussion : The decision of the District Director on February 

20, 1968, denying the subject's application for a waiver of the two-year 

foreign residence requirement of section 212(e) of the Immigration and 

Nationality Act, as amended, on the ground that exceptional hardship 

had not been established, has been certified to me for review, pursuant 

to 8 CFR 103.4. 

The applicant, SaeedRhajeh-Nassiri, a thirty-six year old physician, 

is a native and citizen of Iran. He was admitted to the United States 

on June 26, 1959 as an exchange visitor, to participate in a program 

sponsored by the Institute for International Education, on a, Fulbright 

travel grant. He completed a one-year internship at Lutheran Hospital 

in Brooklyn, New York, and a four-year residency under a private 

program at Rhode Island Hospital, Providence, Rhode Island. On 

July 11, 1964, he departed to Canada. 

Satisfactory evidence of Dr. Nassiri's marriage to a United States 

citizen on November 3, 1964 has been submitted. They are residing 

in Kingston, Ontario, Canada with their two United States citizen 

children. The Department of State has determined that his residence 

in Canada did not serve the purpose and intent of the Mutual Educational and Cultural Exchange Act of 196L 

Applicant is now employed in Canada as a research pathologist at 

a salary of $7,200 a year. lie does not have sufficient funds to transport 

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11 4.414 J./ • .LV II V 

the family to Iran and to maintain the family until he can obtain employment. Mrs. Nassiri has been away from other members of her 

family for three and one-half years and desires to be near them. She 

does not wish to go to Iran, even if such were possible, as she does 

not know the language or the customs of that country. Dr. Nassiri 

maintains that his family would not accept his wife since she is a 

Catholic and they are of Moslem faith and do not believe in interreligious marriage. 

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 the requirement 

of such two-year foreign residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the 

public interest .. . 

It is to be noted that a waiver may be granted if the spouse or child 

is a citizen of the United States or is a lawfully resident alien. 

In cases where both spouse and child (children) are United States 

citizens or lawfully resident aliens, exceptional hardship will generally 

exist due to the difficulty experienced by a family with children in 

parting from their relatives, friends and familiar surroundings, and 

attempting to readjust to life in a foreign country where they are not 

familiar with the language, mores or culture. Further, an alien who 

goes abroad without his family seldom commands a high enough 

salary to support the family in the United States and the wife, as 

in this case, generally is in a situation in which she cannot accept employment because she has to care for the family. 

In view of the foregoing, it has been determined that compliance 

with the foreign residence requirement of section 212(e) would impose exceptional hardship upon Dr. Nassiri'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 Dr. Saeed KhajehNassiri 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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