SANTILLANO

11 I. & N. Dec. 146

• Court: Board of Immigration Appeals
• Decided: July 1, 1965
• Docket: 1459
• Status: Published

Opinion

Interim De4iiibn . #1459

MATTER or Sturnmexo :./11r.f!ecticin 212 (e)- Proceedings A-13184458

Decided by District Director March 10, 1965

Since- compliance with the .2-year-foreign-residence requirement of section 212(e), Immigration and Nationality Act, as amended, would result in excep- tional hardship to his United States citizen wife and 4 citizen children, a waiver thereof is granted an exchange visitor who has been unable to sup- port his family in the Philippines; who are living with his relatives under unsatisfactory and virtually destitute conditions; whose wife has baon unable to 'obtain employment in the Philippines and has no relative able to render financial assistance; whose oldest child requires corrective surgery for which applicant is without funds and facilities are unavailable in the area of his residence in the Philippines; and who has been offered a posi- tion in the United States and his salary therefrom and available medical facilities would enable his child to have the corrective surgery without fur- ther extensive• delay.

The applicant, Dr Antonio Borromeo Santillano, a physician, is a 32-year-old citizen of the Philippines. He entered the United States no an exchange alien on December 3, 1957, for an internship and residency, in medicine. He interned at Deaconess Hospital, St. Louis, Missouri. His internship was followed by residencies at St. John's Mercy Hospital in St. Louis from July 1959 to June 1961, and at Bronx Municipal Hospital Center in New York City from that time until June 1963. He departed from the United States on May 7, 1964, and is now in the Philippines. Dr. Santillano .filed an application for a waiver of .the foreign- residence requirement of section 212(e) of the Immigration and Na- tionality:Act on August 3, 1964. He is married to a citizen of the United States and has four United States citizen children, ranging In age from one to five years. His wife and children reside with him in the Philippines. Dr. Santillano has been unable to support his family in the Philip- pines. They are living with his relatives under unsatisfactory con- ditions and lire virtually destitute. Mrs. Santillano has been unable 146 Interim Decision #1459 to obtain employment- in the Philippines and has no relative in the United States who is able to give financial help. X-rays of the •oldest child shortly before the child's departure from the'United States dieblosed a congenital defast which permits the intestines to . protrude into the chest •cavitY. This condition has resulted in curvature of the spine, which will become progressively worse without thoracic surgery. There ark no facilities in the Phil- ippines in the area where the applicant and his family reside to do this type of surgery, and the applicant is without funds to pay for such surgery. • . • Dr. Santillano has been offered a position as a pathologist at SA: John's Mercy Hospital. in St. Louis. His salary and the medical facilities available would enable his oldest child to .have .the core restive surgery required without further extensive delay. In view of the foregoing, it has.been determined tha it compliance with the foreign-residence requirement of sectiok212(e) of the Imi migration and Nationality Act would impose exceptional hardship upon. theipplicant's United States citizen wife. andohildren. The Secretary of State recommends that a waiver of this requirement be granted. Therefore, the following order is entered. ORDER: It is ordered that the application of Dr. Antonio Bor- romeo Santillano for a waiver of the two-year foreign residence re- quirement of section 212(e) of the Immigration and Nationality Act be and is hereby granted pursuant to the authority contained in AO statute.