Faiz A. Al-Khayyal v. United States Immigration and Naturalization Service

HILL, Circuit Judge:

Appellant Al-Khayyal brought this action in the district court to challenge the final administrative decision of the Immigration and Naturalization Service (INS) denying his application for a waiver of the two-year foreign residence requirement of 8 U.S.C. § 1182(e) (1982). Al-Khayyal appeals the district court’s grant of the INS’s motion for summary judgment.

Faiz Al-Khayyal is a native of Saudi Arabia. He received his undergraduate and graduate degrees during a previous stay in the United States. Towards the end of his stay, in 1979, Al-Khayyal married Riccarda Heising,…