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11 I. & N. Dec. 144

ERGINSOY

Board of Immigration Appeals

Decided July 1, 1965

Board of Immigration Appeals · decided 1965-07-01

Decided 1965-07-01

    Interim Decision 44458




                               IIan= or Enamor
                         In Section 212(e) Proceedings
                                    A. 18808086
                                       -




               Decided by District Director January 29, ,1965

    Waiver of the 2-year-foreign-realdence requirement of motion 212(e), Immigradon and Nationality Act, as amended, is granted an exchange visitor alien;
      a 'research physicist, and his dependent wife and 2 minor children, since his
      compliance with. the requirement world be detrimental. to a program of
      official interest to the Atomic Einergp Commission and the Department of
      State has recommended favorably in the matter,


    Dr. Erginsoy, a, forty-year-old native and citizen of Turkey, entered• the United States as an exchange visitor, with his dependent
 wife and two.unmarried, minor children, on July 6, 1962. He has
 since been a participant in Exchange Visitor Program -No. P—I-1957,
-sponsored by Brookhaven National Laboratory, Upton, New YorkUpon his arrival, he commenced a one-year appointment as Visiting
 Associate' Physicist in the Physics Department of the Laboratory.
 On -July 1, 1963, Dr. ErginsOy accepted a two-year appointment as
 Associate Physicist on the Laboratory's Scientific Staff. This appointment is currently in'effect.
   Dr. Erginsoy came to the Brookhaven National' Laboratory after
 completing a Iwo-year appointment at 'the Ilternational Atomic •
'Energy Agency in Vienna, Austria. He states that he is not obliga- ;
                                                                                      tedbymploncitesfayknd.
    Dr. Erginsoy's present sponsor wishes to retain his services as a
' research physicist for an indefinite period of time.
    The Atomic Energy Commission requested the Department of
  State to recommend to this Service that Dr. Erginsoy and his family
  be granted waivers of the two year foreign residence requirement of
                                      -


  section 212(e) of the Immigration and Nationality Act, as amended,
  applicablVto exchange aliens. On January 22, 1965, the Department
  of State. upon reviewing the circumstances, recommended. that such
  waivers be, granted on the grounds that Dr. Erginsoy's compliance
                                           144
                                        . ,Interim -Decision *1458
with this statutory requirement would be clearly detrimental to a
program of official interest to the Atomic Energy Commission.
  ORDER: Pursuant to the favorable recommendation of the Department of State, it is ordered that the two-year foreign residence
requirement of section 212(e) of the Immigration and Nationality
Act, as amended, be and the same is hereby waived in the case of Dr.
Cavid Erginsoy.
  It 18 further ordered that the above-cited statutory requirement
be and the same is hereby waived in the cases of Mrs. Ulker Say
                                     soy.
Erginsoy, All Erginsoy and Omer Erginsoy.




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