Matter of Ambe

Decided by District Director July 19, 1968

由地区主任于1968年7月19日裁定

"Exceptional hardship" within the meaning of section 212(e) of the Immi- gration 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. - „ The applicant, Kishore Shreepad Ambe, a 38-year-old physi- cian, 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 na- tives 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 Cot- tage Hospital in Santa Barbara, California to serve as an intern and he is presently connected with the hospital as a resident phy- sician. Dr. Ambe and his, wife are the parents of a United States citi- zen son, Rajeev K. Ambe, born on April 1, 1965 in Santa Bar- bara, 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 derma- titis. 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

《移民与国籍法》第212(e)条所指的“特殊困难”，可由以下交换访问者确立：其美国公民子女患有一种伴有皮肤疹的慢性皮炎，该皮炎被认定为天花疫苗接种的禁忌症，而天花是该交换访问者及其家庭必须前往的国家的地方性流行病。 - 申请人Kishore Shreepad Ambe，38岁，医生，为印度本土出生公民。他最后一次作为交换访问者从加拿大入境美国是在1964年6月4日。其妻子Leela Ambe女士、他们的女儿Neeta（二人均为印度本土出生公民）以及他们的儿子Milind Ambe（加拿大本土出生公民）同时作为交换访问者的家庭成员入境。Ambe医生此前曾作为交换访问者于1957年7月至1960年9月在美国居留，当时他离境前往加拿大学习医学。在其再入境时，他目的地为加利福尼亚州圣巴巴拉的The Cottage Hospital担任实习医师，目前他与该医院有关联，担任住院医师。 Ambe医生及其妻子是一名美国公民儿子Rajeev K. Ambe的父母，该儿子于1965年4月1日出生于加利福尼亚州圣巴巴拉，年龄太小，不能与父母分离。 提交的医疗证据证明，申请人的美国公民子女Rajeev（未满三岁）以及其加拿大公民子女Milind（六岁）患有严重的特应性皮炎。由于这种皮肤病，他们两人全身都有皮疹。申请人提交了其子女的儿科医生和皮肤科医生的信件，称对儿童进行天花疫苗接种或让任何

Interim Decision # 1902

临时决定第1902号

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 im- munized 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 dermati- tis 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, per- sons not vaccinated for smallpox could not go there without endangering their health. In view of the foregoing, it has been determined that the appli- cant'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 appli- cant 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.

Ambe家庭成员与他们接触将是危险的，因为疫苗病毒可在因特应性皮炎而有皮肤疹的人中引发严重甚至致命的反应。他表示，这种情况可能持续数年，本身并不危险或传染。申请人主张，如果不进行天花主动免疫接种，他的家庭不能前往印度，那里天花疫情频繁。 美国公共卫生服务局已告知本局，被接种者或家庭接触者中存在任何形式的慢性皮炎均被认定为疫苗接种的禁忌症。对患有慢性皮炎的儿童进行接种，或该儿童被已接种的家庭接触者感染，可导致湿疹痘，这是一种极其严重的并发症，有时会导致死亡。美国公共卫生服务局还指出，天花是印度的地方性流行病。因此，未接种天花疫苗的人不能前往那里而不危及他们的健康。 鉴于上述情况，已确定申请人遵守经修正的《移民与国籍法》第212(e)条的外国居留要求将对其美国公民儿子造成特殊困难。本局作为相关机构代表申请人的两名外籍子女行事。Ambe女士被纳入其丈夫的豁免申请中。国务卿已审查此事，并建议对申请人、其妻子及两名子女豁免外国居留要求。已认定申请人入境美国将符合公共利益。 命令：兹命令，对Kishore S. Ambe医生、其妻子Leela Ambe女士及其子女Neeta和Milind Ambe，授予经修正的《移民与国籍法》第212(e)条规定的两年外国居留要求之豁免。