Interim Decision #1902 

MATTER or Ammg 

In Section 212 (e) Proceedings 

A-14159727 

Decided by District Director July 19, 1968 

"Exceptional hardship" within the meaning of section 212(e) of the Immigration and Nationality Act is established by an exchange -visitor whose 

United States citizen child has a form of chronic dermatitis with skin 

eruptions which is recognized as a contraindication to vaccination for 

smallpox, and smallpox is endemic to the country to which the exchange 

visitor and his family must depart. 

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The applicant, Kishore Shreepad Ambe, a 38-year-old physician, is a native and citizen of India. He was last admitted to the 

United States from Canada as an exchange visitor on June 4, 

1964. His wife, Mrs. Leela Ambe, their daughter Neeta, both natives and citizens of India, and their son Milind Ambe; a native 

citizen of Canada were admitted at the same time as members of 

the family of an exchange visitor. Dr. Ambe had previously been 

in the United States as an exchange visitor from July 1957 until 

September 1960, at whiCh time he departed to Canada to study 

medicine. At the time of his reentry he was destined to The Cottage Hospital in Santa Barbara, California to serve as an intern 

and he is presently connected with the hospital as a resident physician. 

Dr. Ambe and his, wife are the parents of a United States citizen son, Rajeev K. Ambe, born on April 1, 1965 in Santa Barbara, California, who is too young to be separated from his 

parents. 

Medical evidence presented establishes that the applicant's 

United States citizen child, Rajeev, no age three, as well as his 

Canadian citizen child, Milind, age six, have severe atopic dermatitis. They both have eruptions over their bodies due to this skin 

condition. The applicant has presented letters from his children's 

pediatrician and dermatologist stating that it would be dangerous 

to vaccinate the children for smallpox or any member of the 

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Interim Decision # 1902 

Ambe family in contact with them, as the virus of the vaccination 

can provoke severe and even fatal reactions in persons having 

skin eruptions caused by atopic dermatitis. He stated that this 

condition may persist for years and is not in itself dangerous or 

contagious. The applicant submits that without being actively immunized against smallpox his family cannot be taken to India 

where smallpox outbreaks are frequent. 

This Service has been advised by the United States Public 

Health Service that the presence of any form of chronic dermatitis in the individual to be vaccinated or in a household contact is 

recognized as a contraindication to vaccination. Vaccination of a 

child with chronic dermatitis, or infection of such a child by a 

household contact who has been vaccinated can result in eczema 

vaccinatum, an exceedingly serious complication which sometimes 

results in death. The United States Public Health Service has also 

indicated that smallpox is endemic to Inida. Consequently, persons not vaccinated for smallpox could not go there without 

endangering their health. 

In view of the foregoing, it has been determined that the applicant's compliance with the foreign residence requirement of 

section 212(e) of the Immigration and Nationality Act, as 

amended, would impose exceptional hardship on his United States 

citizen son. This Service is acting as interested agency in behalf 

of the applicant's two alien children. Mrs. Ambe is included in 

her husband's application for a waiver. The Secretary of State 

has reviewed the matter and has recommended that the foreign 

residence requirement be waived for the applicant, his wife, and, 

two children. It has been found that the admission of the applicant to the United States would be in the public interest. 

ORDER: It is ordered that waivers of the two year foreign 

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

Nationality Act, as amended, be granted to Dr. Kishore S. Ambe, 

his wife, Mrs. Leela Ambe, and his children, Neeta and Milind 

Ambe. 

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