MATTER OF KAUFMANN In Section 212 (e) Proceedings A-14448204 Decided by District Director August 23, 1965 A former exchange visitor alien, a research associate of international reputation as an instrument maker and designer whose services are urgently needed in an Air Force research project dealing with instrumentation with which he was associated while in the United States as an exchange visitor, and his wife and 2 dependent children, are granted waivers of the foreign residence requirement of section 212(e), Immigration and Nationality Act, as amended, since his admission is deemed to be in the public interest because the unavailability of his services through compliance with the requirement would be detrimental to a program of official interest to the Department of Defense, and the Department of State has recommended favorably in the matter. Mr. Peter Z. Kaufmann, a native of Austria and national of Israel, was born in Vienna on October 12, 1917. He was admitted to the United States pursuant to section 101(a)(15) (J) of the Immigration and Nationality Act, as amended, as an exchange visitor on January 3, 1963, under program No. P-I-1704 of the Mellon Institute, Pittsburgh, Pennsylvania. He was accompanied to this country by his wife, Hanna Stein Kaufmann, his daughter, Dorit, now 15 years of age, and his son, Noam, now 9 years of age. All three dependents were also admitted under section 101(a) (15) (J), in order to accompany Mr. Kaufmann during the period of his participation in the exchange program. Mr. Kaufmann participated as a visiting research associate in the program of the Mellon Institute until his departure from the United States on July 20, 1964. Section 212(e) of the Immigration and Nationality Act, as amended, provides in part as follows: No person admitted under section 101(a)(15) (J) or acquiring such status after admission shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under Section 101(a) (15) (H) until it is established that such person has resided and been physically present in the country of his nationality or his last residence, or in another foreign find that Rule 28 (c) has been violated. Bearing in mind that the Federal Rules are not directly applicable and should be applied only to the extent that they can be adapted to the reasonable needs of the Immigration and Naturalization Service, it may appropriately be noted that under respondent's theory even special inquiry officers would be precluded from presiding at the taking of depositions. cf. Marcello v. Bonds, 349 U.S. 302 (1955). Under the circumstances the Board should proceed to a final decision based on the present record. It does not appear that the public interest will be served by further delay in reaching a decision in this case. MATTER OF KAUFMANN In Section 212 (e) Proceedings A-14448204 Decided by District Director August 23, 1965 A former exchange visitor alien, a research associate of international reputation as an instrument maker and designer whose services are urgently needed in an Air Force research project dealing with instrumentation with which he was associated while in the United States as an exchange visitor, and his wife and 2 dependent children, are granted waivers of the foreign residence requirement of section 212(e), Immigration and Nationality Act, as amended, since his admission is deemed to be in the public interest because the unavailability of his services through compliance with the requirement would be detrimental to a program of official interest to the Department of Defense, and the Department of State has recommended favorably in the matter. Mr. Peter Z. Kaufmann, a native of Austria and national of Israel, was born in Vienna on October 12, 1917. He was admitted to the United States pursuant to section 101(a)(15)(J) of the Immigration and Nationality Act, as amended, as an exchange visitor on January 3, 1963, under program No. P-I-1704 of the Mellon Institute, Pittsburgh, Pennsylvania. He was accompanied to this country by his wife, Hanna Stein Kaufmann, his daughter, Dorit, now 15 years of age, and his son, Noam, now 9 years of age. All three dependents were also admitted under section 101 (a) (15) (J), in order to accompany Mr. Kaufmann during the period of his participation in the exchange program. Mr. Kaufmann participated as a visiting research associate in the program of the Mellon Institute until his departure from the United States on July 20, 1964. Section 212(e) of the Immigration and Nationality Act, as amended, provides in part as follows: No person admitted under section 101(a)(15) (J) or acquiring such status after admission shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under Section 101(a) (15) (H) until it is established that such person has resided and been physically present in the country of his nationality or his last residence, or in another foreign find that Rule 28 (c) has been violated. Bearing in mind that the Federal Rules are not directly applicable and should be applied only to the extent that they can be adapted to the reasonable needs of the Immigration and Naturalization Service, it may appropriately be noted that under respondent's theory even special inquiry officers would be precluded from presiding at the taking of depositions. cf. Marcello v. Bonds, 349 U.S. 302 (1955). Under the circumstances the Board should proceed to a final decision based on the present record. It does not appear that the public interest will be served by further delay in reaching a decision in this case. MATTER OF Kaufmann In Section 212 (e) Proceedings A-14448204 Decided by District Director August 23, 1965 A former exchange visitor alien, a research associate of international reputation as an instrument maker and designer whose services are urgently needed in an Air Force research project dealing with instrumentation with which he was associated while in the United States as an exchange visitor, and his wife and 2 dependent children, are granted waivers of the foreign residence requirement of section 212(e), Immigration and Nationality Act, as amended, since his admission is deemed to be in the public interest because the unavailability of his services through compliance with the requirement would be detrimental to a program of official interest to the Department of Defense, and the Department of State has recommended favorably in the matter. Mr. Peter Z. Kaufmann, a native of Austria and national of Israel, was born in Vienna on October 12, 1917. He was admitted to the United States pursuant to section 101 (a) (15) (J) of the Immigration and Nationality Act, as amended, as an exchange visitor on January 3, 1963, under program No. P-I-1704 of the Mellon Institute, Pittsburgh, Pennsylvania. He was accompanied to this country by his wife, Hanna Stein Kaufmann, his daughter, Dorit, now 15 years of age, and his son, Noam, now 9 years of age. All three dependents were also admitted under section 101 (a) (15) (J), in order to accompany Mr. Kaufmann during the period of his participation in the exchange program. Mr. Kaufmann participated as a visiting research associate in the program of the Mellon Institute until his departure from the United States on July 20, 1964. Section 212(e) of the Immigration and Nationality Act, as amended, provides in part as follows: No person admitted under section 101 (a) (15) (J) or acquiring such status after admission shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under Section 101 (a) (15) (H) until it is established that such person has resided and been physically present in the country of his nationality or his last residence, or in another foreign |