Interim Decision #1559 

Mar, rat OF BASS 

In Section 212(e) Proceedings 

A-14107492 

Decided by District Anatol. January 25, 1966 

An exchange visitor attorney from Brazil is granted a waiver of the foreign 

residence requirement of section 212(e), Immigration and Nationality Act, 

es unteuded, since compliance therewith would result lu exceptional hardship to her 'U.S. citizen spouse, also an attorney, who would be unable to 

earn a livelihood in his profession if he accompanied her abroad and who, 

bearing the responsibility of repaying educational loans and discharging 

accumulated doctor bills resulting from his wife's illness, is not financially 

capable of maintaining two households if she is required to depart without 

him; in addition, even if applicant, who suffered an attack of cerebral 

meningitis in 1964, were physically able to engage in her profession, it 

would be unreasonable to presume she could acquire sufficient clientele to 

maintain herself in Brazil for a two-year period, as she has never practiced 

law there. 

Discussion: The applicant, Mrs. Vilma Bass, a 26-year-old at 7 

torney, is a native and citizen of Brazil. She was admitted to the 

United States as an exchange visitor on August 12, 1963, to complete 

studies toward a, master of comparative law degree sponsored by 

Southern Methodist University, Dallas, Texas, under Exchange Visitor Program No. P—I-2970. After participating in the program for 

a period of twelve months, she suffered an attack of cerebral meningitis and could not continue her studies. She married a. United 

States citizen on January 16, 1965, and presently resides with him 

in Dallas. She filed an application for waiver of the foreign residence requirement of section 212(e) of the Immigration and Nationality Act on April 21, 1965. 

Mrs. Bass not only alleges that compliance with the foreign residence requirement would result in exceptional hardship to her husband should he accompany her abroad, but also were he to remain in 

the United States while she fulfills her commitment as- a former exchange visitor. The husband, a recent law school graduate, is employed as an attorney in a local bank and earns approximately $5,800 

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Interim Decision #1559 

a year after taxes. If he went to Brazil, he would have to abandon 

his law practice as he does not speak Portuguese and is not familiar 

with Brazilian law. He would, therefore, be unable to earn a livelihood in his profession in Brazil He is not financially capable of 

maintaining two households if his wife is required to depart with-

-Out him. The applicant has been unable to contribute financially_ to 

their household since her illness. Thus her husband is burdened with 

the added responiibility of paying her accumulated doctor bills 

caused by the attack of cerebral meningitis. Additionally, he is repaying a bank loan and a National Defense Student loan which he 

obtained to finance his education. Because she has never practiced 

law in Brazil, it would be unreasonable to presume the applicant 

could acquire sufficient clientele in her profession to maintain herself there for a two-year period, •ven if she were physically able to 

engage in her profession. The debts incurred because of her illness 

and money borrowed to finance her •husband's law education have 

resulted in the couple not being able to accumulate any financial 

reserve. . 

In view of the foregoing, it has been determined that the applicant's compliance with the foreign residence requirement would impose exceptional hardship upon her 'United States citizen spouse.. 

The Department of State has reviewed this matter and recommends 

the waiver be granted: - 

ORDER: It is ordered that the application of Mrs. Vilma Alves 

Bass for a waiver of the two-year foreign .residence requirement 

under seetion.212(e) of the Immigration and Nationality.Act be and 

the same is hereby granted. 

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