Matter of Vicedo

The applicant, Mrs. Flordeliz Q. Vicedo, is a 27-year-old native and citizen of the Philippines. She was admitted to the United States under her maiden name, Flordeliz M. Quimiot, as an ex- change visitor on June 23, 1961 for training as a medical technol- ogist under Program P-11-712 at St. Elizabeth Hospital in Cov- ington, Kentucky. She transferred to St. Mary's Hospital in Long Beach, California and continued her training under program P—I-484 until September 1964. She married a native citizen of the Philippines in Long Beach, California on August 8, 1964. He bad enlisted in the Navy under a provision of an agreement be- tween the United States and the Republic of the Philippines of March 14, 1947, by which the United States could recruit citizens of the Philippines for service in the United States Armed Forces. His enlistment was in the Philippine Islands and he has never been inspected or admitted to the United States for immigration purposes. He is still in the United States Navy. The applicant presently resides in Long Beach, California with her husband and their two native United States citizen children. If the applicant returns to the Philippines, the children would

申请人Flordeliz Q. Vicedo女士是27岁的菲律宾本地人和公民。她以婚前姓名Flordeliz M. Quimiot于1961年6月23日作为交流访问者获准进入美国，在肯塔基州卡温顿的圣伊丽莎白医院根据P-11-712项目接受医疗技术员培训。她转至加利福尼亚州长滩的圣玛丽医院，并根据P—I-484项目继续培训至1964年9月。她于1964年8月8日在加利福尼亚州长滩与一名菲律宾本地公民结婚。他根据1947年3月14日美国与菲律宾共和国之间一项协定的规定入伍海军，该协定允许美国招募菲律宾公民在美国武装部队服役。他在菲律宾群岛入伍，从未为移民目的接受检查或获准进入美国。他仍在美国海军服役。申请人目前与丈夫及其两名美国本土公民子女居住在加利福尼亚州长滩。 如果申请人返回菲律宾，子女将

have to accompany her as they are too young to be separated from their mother. They would seriously handicap if not elimi- nate entirely their mother's opportunities for employment. In the event she obtains employment, it would be necessary to hire a re- liable person to care for the children during her working hours. They would then be denied the special care and attention of their mother during her hours of employment. The applicant's husband is subject to military orders and would not be able to accompany his family to the Philippines. Consequently, the children would be deprived of his love and direction. Furthermore, in the Philip- pines, Commissary and Post Exchange privileges are not avail- able to dependents when the service member is not stationed there. It would be difficult, if possible, for the applicant's husband to pay his family's transportation to the Philippines and properly maintain it abroad and himself separately on his salary from the Armed Forces. Section 212 (e) provides, in part, as follows : ... upon the favorable recommendation of the Secretary of State, pursuant to the request of an interested United States Government agency, or of the Commissioner of Immigration and Naturalization after he has determined that departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), the Attorney General may waive the requirement of such two-year foreign residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest . In view of the foregoing, it has been determined that the appli- cant's compliance with the foreign residence requirement of sec- tion 212 (e) of the Immigration and Nationality Act, as amended, would impose exceptional hardship on her United States citizen children. The Secretary of State has reviewed the matter and has recommended that the foreign residence requirement be waived. 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 the application of Flordeliz Q. Vi- cedo for a waiver of the two-year foreign residence requirement of section 212(e) of the Immigration and Nationality Act, as amended, be granted.

不得不随她同行，因为他们年龄太小，无法与母亲分离。这将严重妨碍、甚至可能完全消除其母亲就业的机会。如果她获得就业，将有必要在 working hours 期间雇用可靠的人照顾子女。届时子女在其母亲就业时间内将被剥夺母亲的特别照料和关注。申请人的丈夫受军事命令约束，无法陪同家人前往菲律宾。因此，子女将被剥夺他的关爱和指导。此外，在菲律宾，当服役人员未驻扎当地时，家属无法享有军人服务社和军人商店特权。即使可能，申请人的丈夫也难以支付家庭前往菲律宾的交通费，并在国外适当维持家庭生活，同时以自己的武装部队薪金单独维持自己。 第212(e)条规定部分如下： ……经国务卿根据有关美国政府机构的请求作出有利建议，或经移民与归化局局长在确定离开美国将给该外国人的配偶或子女（如果该配偶或子女是美国公民或合法居民外国人）造成特殊困难后，司法部长可以放弃任何外国人两年国外居留的要求，只要司法部长认定该外国人进入美国符合公共利益。 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)条的国外居留要求将给其美国公民子女造成特殊困难。国务卿已审查此事并建议放弃国外居留要求。已认定申请人进入美国符合公共利益。 命令：兹命令批准Flordeliz Q. Vicedo关于放弃经修正的《移民与国籍法》第212(e)条两年国外居留要求的申请。