Interim Decision 4*-1503 

MATTER OF DAVOTJDLARIAN 

In Section 212(e) Proceedings 

A-14134873 

Decided by District Director July 19, 1965 

An exchange visitor physician who has been unable to find suitable employment in Lebanon duo to the crowded conditions . in the medical profession, 

is unable to enter private practice due to lack of funds, and is obliged to 

depend on his parents for lodging and subsistence for himself and his United 

. States citizen wife who accompanied him abroad, 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 his citizen wife who, subsequent to departure from the 

United States, learned that her mother had undergone surgery for cancer, 

with fnrther surgery contemplated, and the prognosis for her recovery is 

poor; and who is unable to return to the United States to reside apart from 

her husband pending his completion of the foreign residence requirement, 

as there are insufficient funds to maintain separate households. . 

Dr. David K. Davoudlarian, a physician, is a 80-year-old native 

of Syria and citizen of Lebanon. He was admitted to the United 

States as an exchange visitor on July 7, 1959 to complete his medical 

training and specialize in obstetrics and gynecology. While in the 

United States he participated in Exchange Programs P—II-82 sponsored by Muhlenburg Hospital; P—II-1703 sponsored by Chestnut 

Hill Hospital and P—U-2421 sponsored by Baylor University College of Medicine, Houston, Texas. He departed from the United 

States with his United States citizen wife on July 24, 1964 and is 

presently residing with her in Beirut, Lebanon. 

Dr. Davoudlarian filed an application for a waiver of the foreign 

residence requirement of section 212(e) of the Immigration and Nationality Act on April 5, 1965. Satisfactory evidence of his marriage 

on April 11, 1964 to a United States citizen has been submitted and 

is the basis of his eligibility to file an application for foreign residence waiver with this Service. 

Subsequent to applicant's departure from the United States, it was 

learned that his wife's mother had undergone surgery"for cancer, 

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Interim Decision #1503 

that she is undergoing additional X-ray and cobalt treatment with 

further surgery contemplated and that her prognosis for recovery is 

poor. Applicant has been unable to find suitable employment due to 

crowded conditions in the medical profession in Lebanon, is unable 

to enter private practice due to lack of funds and is obliged to 

depend on his parents for lodging and subsistence for himself and 

his United States citizen spouse. There are insufficient funds to 

maintain separate households in the United States and abroad. His • 

spouse is therefore unable to return to the United States to reside 

separately from her husband until completion of the required foreign 

residence. 

In view of the foregoing it has been determined that compliance 

with the foreign residence requirement of section 212(e) of the 

Inunigration and Nationality Act, as amended, would impose exceptional hardship upon Dr. Davoudlarian's United States citizen 

spouse. The Department of State has reviewed this =after and 

recommends that the waiver be granted. 

ORDER.: It is ordered that the application of Dr. David K. 

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

the same is hereby granted. 

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