In re Applicant, A77 553 913 (AAO, February 14, 2000)
In an unpublished decision dated February 14, 2000, the AAO overturned the Vermont Service Center Director’s denial of an INA §212e waiver based on exceptional hardship, when the applicant had demonstrated that her U.S. citizen spouse would face exceptional hardship whether he accompanied her to Romania, or remained in the United States without her for two years.
The applicant submitted significant evidence to demon strate that her husband suffered from disabling, chronic, clinical depression. She demonstrated that his condition had limited him to only three years of productive employment since 1982.
She supported her contention with proof that, prior to their marriage, he had accumulated three years of dependence on public assistance and three years of dependence on unemployment benefits.
The psychological report submitted by the applicant also indicated that her husband was emotionally and financially dependent upon her. In fact, he had earned no more than $6,000 in recent years, and that at the age of 55, his debilitating condition had limited him to only one year of full-time employment in his entire adult life.
The psychologist’s report stated that the husband’s condition had improved since during the five years he had been married to the applicant, and “there is no reason to expect that he can suddenly function on his own in this country without the emotional and financial support of his wife.”
The record also contained evidence that the applicant’s husband had attempted to take a university teaching position in China, but was unable to fulfill the one-year contract due to an inability to adjust to the changes in culture.
On appeal, counsel for the applicant argued that the District Director did not recognize the grave and serious nature of the circumstances presented or address all of the hardship factors.
After reviewing the record, the AAO agreed with the applicant, finding that the record contained sufficient evidence to prove that her husband was completely dependent on her for emotional and financial support and would, therefore, face exceptional hardship whether he accompanied her to Romania, or remained in the United States without her for two years.
The AAO ordered the District Director to forward the waiver request to the USIA for consideration.