COURPAS

11 I. & N. Dec. 647

• Court: Board of Immigration Appeals
• Decided: July 1, 1966
• Docket: 1595
• Status: Published

Opinion

Inferlin beciskin *1595

MA zu Or COURPAS

In Section 212(e) Proceedings

A-13975861-2 Deckled .by District Director March 29, 1966 Exchange visitor physicians lhusband and wife), natives of the United Arab Republic, are granted waivers of the 2-year foreign residence requirement of section 212(e), Immigration and Nationality Act, as amended, because com- pliance therewith would result in exceptional hardship to their United States citizen child-whom they would be unable to properly support and care for if; they returned to the United Arab Republic since they are persons of Greek descent and as such could anticipate economic discrimination if they exlear- orea to establish-medical practices in that country; if they went to Greece,• the country of citizenship of the male -applicant. where neither applicant has ever resided,, they 'would have difficulty in obtaining .licenses to practice because of their inadequate knowledge of the language and the fact their entire education was obtained outeide Greece.

The male applicant is 9-30-Year-old :physician a native of the . was admitted to UnitedArabRpul •citzenofGr.-H the United States on July 8, 1960, as an exchange visitor for a rotating internship sponsored by the Franklin Square Hospital, Bal- timore, Maryland under Exchange Vicitor Program No. P II 708. - -

He transferred to the Union Memorial Hospitals -Baltimore, Mary- land in July 1961 under Exchange Visitor Program No. P-II-672, where he completed his training in June 1905. He is employed as house physician at Bedford County Hospital, Bedford, Virginia at the present time. The female applicant is a 31-year--old native and citizen of the United Arab Republic. She was admitted to the United- States as an exchange visitor on July 24, 1959,- for a residency sponsored by the Franklin Square Hospital, Baltimore, Maryland under Exchange Visitor Program No. P 11 708_ In July 1964 she transferred to - -

Union Memorial Hospital, Baltimore, Maryland under Exchange Visitor Program re Pn-II-672., She completed her training at Johns Hopkins University Hospital, Baltimore, Maryland under 847 • 'InterimrDecisien #1595 Exchange Visitor Program No. P-11-247. She has not been em- ployed since June 1965. The applicants were married at Baltimore, Maryland on July 21, 1963. A daughter, Eleanor, was born on December 21, 1961 in Bal- timore, Maryland. They reside at 1240 Oakwood Street, Bedford, Virginia. If they returned to the United Arab Republic, they would be unable to find suitable employment in their fields because that country is predominantly Moslem and persons of Greek descent, such as they both are, have little or no opportunity to earn .a satisfactory living. On-the other hand, if they went to Greece, the country of • his nationality, where neither applicant has ever resided, they would have difficulty in obtaining licenses to practice bemuse' of their inadequate knowledge of the Greek language and the fact that their entire .education has been in schools :outside of Greece. . The applicants have submitted evidence in suppOrt'of their claim that racial prejudice against Greeks in. the United Arab Republic has forced 'Many . thousands of Greeks to resettle . in Greece. This prejudice extends to persons whoere of Gitek descent -though United Arab RepubliC nationals. On Deceini3ei' 16, 1965, the Department of State ,confirmed. that. economic discrimination could be anticipated if, the applicants endeavored to establish medical practices in the United Arab Republic. The applicants would be unable. therefore, tetroperly support and care for their United States citizen child under these unfriendly and adverse circumstances. In view of the foregoing, it has been determined that compliance with the .2-year -foreign residence requirement. of -section 212(e). of the Inimigration and Nationality Act, as' amended, would impose exceptional hardship upon Dr. and Mrs. Courpcs' United States ran child. The Department of State has . recommended that the waivers b© granted. . -.ORDER: It is ordered' that the recommendation of -the Depart -

Ment,of State be followed and that the waivers be:granted.