If anyone has a good sample letter illustrating extreme hardship (as defined under I-601) that have been APPROVED, feel free to contribute to this thread...
Please take out all identifying data.
I did locate one website,
immigrate2us.net
but the site seems to be experiencing some difficulties This website by far has the most extensive collection on the web (that I have been able to locate). But not sure when and if it will be up and running......
Thought it would be a nice resource to put together a compilation on this forum for those that need assistance right away. On page 2 of this thread, you will find helpful guidelines in defining what contributes to extreme hardship. My sources are all cited. Feel free to add on any contributing (helpful) data that you may have located on this subject. Any resources most appreciated.
Limit information posted on this thread to letters that have been APPROVED.
Thanks!!
This message has been edited. Last edited by: NeedHelpFast,
This is a ROUGH DRAFT of our waiver. Our waiver was for my husband for unlawful presence over 1 year. It was filed in Ecuador.
I have substituted the terms USC and ALIEN for our names. Additionally, I have substituted SOUTH AMERICAN COUNTRY for the name of my husband's country of origin. This is only a precaution that is hopefully completely unnecessary.
RE: ALIEN Case Number: ******XX
I. HARDSHIP TO THE U.S. CITIZEN (USC)
If ALIEN is not admitted to the United States, USC really would suffer severe hardship. Her health conditions would prevent her from living in SOUTH AMERICAN COUNTRY with her husband. At the same time, she would feel compelled by the powerful forces of her complete marital bond to do so.
There are several interacting hardships:
MEDICAL
USC has significant health issues which can be impacted negatively, even to the point of being life-threatening, if she does not have access to regular, expert medical care.
USC has a pituitary microadenoma (a small tumor of the pituitary gland). In brief, she has to take medication daily (Parlodel) toward containing the growth of the tumor and arresting its effects. Often, with medication a microadenoma of this sort will remain stable and its symptoms will be muted. However, sometimes, symptoms (including loss of vision) multiply, and sometimes, the tumor grows significantly. Expanding symptomatology or tumor size may lead to the necessity for intra-cranial surgery. One of her physicians, ______________, M.D. has asserted, "...It is critical that she be followed by an endocrinologist and have access to high-tech pituitary imaging facilities." Another of her specialists, ______________, M.D. wrote, "...If the mass enlarges significantly it can cause multiple problems...vision can be affected...Pressure can be placed on the base of the brain, which can cause many problems. She should be cared for in a "first world" as opposed to a third world country for this condition" [Appendix A]. In other words, follow-up care needs to be done by a specially trained physician and the regular use of MRI technology is critical. If the tumor should not respond properly to medication or should grow undetected she risks the loss of vision as well as other significant symptoms. Clearly, if surgery becomes a requirement, a highly trained physician would be necessary to protect USC's health.
As Appendix A attests, health conditions in SOUTH AMERICAN COUNTRY are not adequate to meet USC's needs for care of her pituitary tumor. There is a scarcity of MRI facilities, endocrinologists, well-trained surgeons and general medical care. If USC were to live in SOUTH AMERICAN COUNTRY, she would be placed at significant, specific risk relative to her pituitary adenoma because she could not obtain the necessary follow-up care, i.e. an endocrinologist and available pituitary imaging facilities. Further, if the tumor developed to the point where surgery was required, there is no evidence that an adequately trained surgeon could be found in SOUTH AMERICAN COUNTRY.
Moreover, as a graduate student, USC is eligible for health insurance through the school. This is a fairly inexpensive product and covers her basic health needs, including a the twice yearly MRI exams recommended by her physicians for the pituitary tumor. This product will not cover her overseas. [Moreover, if she stops being a student she is no longer eligible for the plan]. To purchase a policy which does cover her while she is living in another country could be costly. Moreover, should she require medical care that is not available overseas, the cost of an evacuation to the United States is estimated at $50,000. In short, a move to a foreign country would significantly raise the cost of USC's health insurance, if she can acquire it, and potentially raise other health costs as well.
If USC became pregnant while in SOUTH AMERICAN COUNTRY, there would be increased risks to her health and that of an infant that she carried because of the quality of healthcare. In SOUTH AMERICAN COUNTRY mortality rates for babies and pregnant women are significantly higher than in the USA [Appendix E]. USC, herself, was born with a significant heart defect (now corrected). Additionally, she has two paternal cousins who were born with heart defects. Each required open-heart surgery as an infant. When USC's sister was born the physicians insisted that a pediatric cardiologist be on call in case she was born with a heart defect. Few countries, SOUTH AMERICAN COUNTRY included, have the pediatric cardiological care available in the USA. Probably no other country has the quality of pediatric surgeons. Since 3 out of 10 paternal cousins were born with a heart defect the risks are high that a child of USC and ALIEN would also have a similar problem. Health care in SOUTH AMERICAN COUNTRY is not adequate to meet the special needs of an infant with cardiac problems.
Thorough psychological evaluation in 2001 established that USC was essentially an emotionally healthy and normal individual [See Appendix A]. However, more current psychological appraisal indicates that USC has vulnerability to the development of depression and anxiety symptoms. In fact, she has already begun to develop such symptoms. [Appendix A].
Current psychological evaluation also establishes that USC would be at high risk for the development of psychiatric problems should she need to change her country of residence, whether or not that country was SOUTH AMERICAN COUNTRY. Psychiatric symptoms could interact negatively with her physical health. [Appendix A].
EDUCATIONAL and ECONOMIC
USC is currently a graduate student in Psychology at SCHOOL, CITY, STATE. As the documents in the Appendix B attest, she is a student in very good standing and is expected to successfully complete all requirements for her Ph.D. in ___________________. With this degree in hand she could be expected to earn annually $60,000 to $120,000, depending upon the context of her employment. [Appendix B, statistics from _______________________]
No evidence could be found of a university in SOUTH AMERICAN COUNTRY that offers an equivalent degree. Moreover, She could obtain neither the assistance nor materials in SOUTH AMERICAN COUNTRY to conduct the necessary research to continue her career. In other words, if she lived in SOUTH AMERICAN COUNTRY it would terminate her pursuit of the Ph.D., which is considered to be the usual terminal degree necessary to be employed in the field of _____________________. SOUTH AMERICAN COUNTRY is an economically depressed country. Even if a job were available to her on the basis of her current level of achievement in _______________, it is unlikely that she could earn more than $15,000 per year. On the other hand, it is unlikely that she would be employable at all in the field of _________________, particularly since there are few available jobs.
To this date USC has borrowed over $35,000 in school loans and expenses [Appendix B]. Assuming that she earned a "higher end" wage of $15,000 in SOUTH AMERICAN COUNTRY, her ability to pay off her student loans and debts would be nearly impossible. If ALIEN were in this country he could work as he continued his education, and the couple could conjointly handle the debt.
Again, it should be noted that these educational and economic hardships are interactive with her health [See Section II].
FAMILY TIES
It is particularly noteworthy that USC's mother suffers with Multiple Sclerosis. [See Appendix D]. Currently, she uses a wheelchair or "scooter" for most of her mobility needs. The type of MS from which she suffers is progressive, i.e. it involves periods of stability followed by outbreaks of the disease, which lead to a new plateau of decline and dysfunction. It is clear that there will be further decline. In fact, in December 2001 was in the hospital with an MS relapse. At that time, the doctors were uncertain as to whether or not she would ever recover enough to resume independent living. Because her condition is already somewhat marginal in terms of independence, it is likely that, within the next few years, she will reach a point where she will require regular family care.
USC has a very close relationship with her mother. Without a doubt, when her mother reaches a state of decline whereby she requires regular family assistance, USC wants to be one of those people who will offer a high level of assistance. If she would be unable to respond to her mother's need when the time comes, this would be an extreme hardship on USC.
Additionally, USC is emotionally attached to a maternal uncle, a survivor of pancreatic cancer and quadruple bypass surgery, who was recently diagnosed with prostate cancer. USC's whole family, with the exception of a few very distant relatives in Ireland, resides in the United States of America. She has four siblings, with whom she maintains affectionate relationships. She has a young niece and nephew whom she would like to see often. She is close to her mother, father, and stepmother. She looks forward to seeing her maternal aunt and uncle and paternal aunts, uncles and cousins. With ALIEN, USC plans to live and work on the _________ Coast, as close as possible to her family.
USC has no family in SOUTH AMERICAN COUNTRY.
It is also noteworthy that, if ALIEN is not admitted to the USA, he is likely to experience emotional decline. As documented through the psychological evaluation of ALIEN [Appendix F], he is a young man who relies upon family contact and is vulnerable to depression. If he is admitted to the United States, he will have unfettered access to USC's family. Additionally, he has a grandfather, uncles, aunts and several cousins in the United States. (One of his cousins, _________, is currently serving in the U.S. Air Force). He has little sense of hope that he can be an asset to his family from within SOUTH AMERICAN COUNTRY and already is feeling guilty about having caused hardships for his wife and family. If USC had to abandon her goals, risk her health and move to SOUTH AMERICAN COUNTRY, it would only increase his depression. If he were not admitted and USC could not move to SOUTH AMERICAN COUNTRY for health reasons, his emotional equilibrium could be expected to decline. Under those conditions, his depression would obviously impact USC negatively and exacerbate those hardships that she already would be experiencing.
II. THE HOLMES-RAHE SOCIAL READJUSTMENT RATING SCALE [see APPENDIX A.]
In 1967 Thomas H. Holmes, M.D. and Richard H. Rahe, M.D. published in the prestigious Journal of Psychosomatic Research, "The Social Readjustment Rating Scale". This scale is now famous. Its efficacy is well established. For instance, in December 2000 in Educational and Psychological Measurement Judith A. Scully, Henry Tosi and Kevin Banning re-evaluated the use of this instrument. The abstract of their article states:
"The authors conclude that, in sum, life change events remain useful predictors of stress related-symptom scores and that the SRRS is a robust instrument for identifying the potential for the occurrence of stress-related outcomes and is, therefore, a useful tool..." [Appendix A.]
The scale uses the weighting of Life Changes Units (LCU's) as a means of being able to predict vulnerability to medical illness. For instance, a marital separation would accrue 65 LCU's and an outstanding personal achievement would accrue 28 LCU's. In other words, significant life changes, positive and negative, which occur with frequency and intensity, are significant variables in the development of medical illness. It is not possible to predict exactly which illness might occur. However, degree of vulnerability can be predicted. (Pre-existing conditions are presumed to be highly vulnerable to exacerbation).
The following are the predictive ranges of the Holmes-Rahe Social Readjustment Rating Scale:
LCU<150>300: 80% Chance of illness or injury in two year period
In consultation with an independent psychologist, this Scale was applied to USC (on the assumed basis that she was forced to move to SOUTH AMERICAN COUNTRY). USC's score on this instrument was "603". On the other hand, if ALIEN were admitted to the USA her score would drop dramatically to 71 [Appendix A].
If she is forced to move to SOUTH AMERICAN COUNTRY, she is clearly within the highest-risk range of developing medical illness or injury in the two years following her move.
The Holmes-Rahe SRRS also demonstrates a very important fact widely recognized in the health sciences. Stress and other risk factors not only exist as independent influences, they interact dynamically. In other words, the whole is greater than the sum of its parts. USC is being subjected to, or may be subjected to, factors whose interactions contribute exponentially to her experience of hardship. The factors herein delineated are more than additive. Each interacts with the other in a dynamic manner that potentates and heightens their mutual impact upon USC. Therefore, the totality of hardship factors exceeds measurement.
ON THE FINAL DRAFT A BRIEF SECTION ON FAMILY UNITY AND THE GOOD CHARACTER AND ADMISSIBILITY OF THE ALIEN WAS INCLUDED AT THIS POINT.
SUMMARY
This couple has full plans to spend their lives together. This includes residency in the United States, the generation of children, a shared religion, supportive relationships between the two families, mutual support in regard to educational and other life goals, etc.
Appendix J points to the complete nature of the marital union of ALIEN and USC. Their wedding, which occurred in SOUTH AMERICAN COUNTRY was attended by all of ALIEN's significant relatives. Moreover, critical members of USC's family, including her mother, father, and biological brother witnessed the event. Her stepmother spent hundreds of hours in the hand making of her wedding gown.
It needs to be emphasized that by issuing an approval of the I-130 the United States government has formally and legally recognized the validity of the marriage between USC and ALIEN. It is well documented that "family unity" is an important value unpinning the raison d'etre of the United States of America and that actions to "assure family unity' is part of the intent of U.S. immigration law [for example see Title 8, Chapter 12, Subchapter II, Part II, section I, pp. 64 and 65]. Although, it is a function of law to provide legal definition and recognition to this marriage between ALIEN and USC, it is clearly the intent of law to support the complex nature of marriage. In other words, in this and other genuine marriages there are multiple social psychological, familial, economic, cultural, spiritual, etc bonds which are presumed by the law to exist conjointly with the legal presence of marriage. Support for these complex, interacting marital bonds is a fundamental value of the larger society and a function of the law.
Because this is a full and complete marriage with intense emotional, social, familial, economic, and spiritual ties, USC reciprocal bond with ALIEN must be granted great weight while accessing what would happen to USC if ALIEN were not admitted to the United States. All extra hardships are built upon the base of significant, although usual hardship. In other words, it is of note that USC misses her husband painfully, is uncertain and frightened about her future because it depends upon the status of her husband, etc. However, these are considered herein to be "simply " the backdrop from those other, previously listed hardships that, individually and when combined and interacting are severe. In other words, the enormous strain of being separated from her husband constitutes a powerful hardship on USC. The other hardships on top of this one culminate in her being potentially and actually subjected to extreme and unusual hardship.
In short, if ALIEN is not admitted to the United States of America USC will be placed in the midst of an impossible dilemma. Because the marriage has occurred in its full sense, profound forces (recognized at least implicitly by the United States government) will move her to leave her homeland. Yet, if she goes to SOUTH AMERICAN COUNTRY, she will place herself in Jeopardy. SOUTH AMERICAN COUNTRY is economically depressed, has poor health care (by U.S. standards) and cannot provide USC with the educational opportunities necessary for her to continue to pursue her career path. [See Appendix E.] Furthermore, she would be unavailable to family, especially in regard to the care of her mother, stricken with MS. Most of all, by moving to SOUTH AMERICAN COUNTRY USC would set into motion emotional, social, and medical forces that could prove life threatening to her. Her "Sophie's choice" would place her squarely between her marital bond and her own survival.
If ALIEN is not admitted to the United States, the obvious thing for USC to do would be to move to SOUTH AMERICAN COUNTRY where ALIEN resides. However, USC has significant health conditions. If not properly treated, or if allowed to exacerbate, she would face risks of losing her eyesight, undergoing intra-cranial surgery, and developing psychiatric symptoms. There is no evidence of proper care in SOUTH AMERICAN COUNTRY. If she were forced to live in SOUTH AMERICAN COUNTRY, a long established, scientifically based, approach (the Holmes-Rahe Scale) overwhelmingly indicates that she would suffer at least an 80% risk of significant illness of injury within a two-year frame of moving to SOUTH AMERICAN COUNTRY.
There are no institutions in SOUTH AMERICAN COUNTRY that offer equivalent education. If forced to move to SOUTH AMERICAN COUNTRY, she would have to abandon her pursuit of a Ph.D. and the economic advantages associated with it. It is unlikely that she could make enough money to keep up with her current debts.
ALIEN sees no hope in SOUTH AMERICAN COUNTRY. He already feels guilty. His psychological profile identifies existing depression which would undoubtedly exacerbate if his wife was forced to live in conditions he would consider oppressive to her. If USC were forced to move to SOUTH AMERICAN COUNTRY, his increased depression would obviously impact USC negatively and exacerbate those hardships that she is already experiencing. As illustrated by the Holmes-Rahe Scale, each of these extreme hardships work interactively and, in dynamic combination, they produce an even more destructive effect upon USC.
Activities related to residing illegally in the USA express an isolated and unusual circumstance for ALIEN. He is deeply repentant, a changed man. The 20-year-old, who allowed himself to become trapped inside of lies, no longer exists. He has returned to himself. He is goal directed, focused and thoroughly ethical and law-abiding. He presents no danger whatsoever to the interests of the United States of America.
This hardship letter is from Panamr - Her husband is from Romania. The waiver was adjudicated in Austria.
March 15, 2004
United States Embassy Filipescu 26 Bucharest, Romania
RE: LETTER BRIEF/ APPLICATIONS FOR WAIVERS ALIEN NAME A# *********
To Whom It May Concern:
I am submitting this letter brief in support of ALIENS extreme hardship waiver so that he may join in US CITIZEN and enter the United States on a K-3 visa. ALIEN previously appeared at your consul for an interview on his K-3 petition but was advised he needed to submit I-192 and I-601 waivers seeking discretionary relief under INS 2129(a)(9)(B)(v) and/or INA 212 (d)(3).
ALIEN had entered the U.S. as an alien crewman (D-1) and his authorization stay expired on August 28, 2001. Unfortunately, he and his US CITIZEN were encouraged to file an adjustment application (I-485) with the INS by another immigration attorney. The couple was never advised that he would be ineligible for adjustment because he entered as a crewman. The petition and application were filed on July 10, 2002 and the matter was not granfathered under section 245(i). The application (I-485) was denied, and he was placed in removal proceedings on July 25, 2002.
We were thereafter retained and ALIEN immediately filed an emergent request for voluntary departure, and he was granted such relief by the Immigration court. ALIEN departed the United States on November 20, 2002 under voluntary departure.
ALIEN now seeks a waiver of inadmissibility premised on extreme hardship to his US CITIZEN. We are submitting herewith applications I-192 and I-601 and hopefully you will agree that he is deserving of both the nonimmigrant and immigrant waivers premised on the argument set forth below.
I. HARDSHIP TO THE U.S. CITIZEN (U.S. CITEZENS NAME)
MEDICAL
US CITIZEN has significant health issues that require repetitive consultation and review. These health issues are life threatening if the conditions are not appropriately monitored and adequate care is not received. Significant stress will contribute to the likelihood of reoccurrence and considerable pain associated with these maladies.
A. MEDICAL CONDITIONS
US CITIZEN was diagnosed with a moderate state of Cervical Dysplasia in July 2003. Cervical Dysplasia is considered to be a pre-cancerous condition. If left untreated, or poorly treated, there is a 30-50% chance that the cervical dysplasia will progress to invasive cervical cancer, which has a 30% mortality rate. Moderate dysplasia has a higher rate of progression to cancer. In the case of US CITIZEN, several factors further increase this risk. First, US CITIZEN is a Native American woman. Second, her current economic situation (due to the distance between herself and her husband) is strained, and further strain, or the necessity to leave the United States to be with her husband, could affect her ability to receive regular screening. (See Exhibit A, http://www.womenshealthchannel.com). According to the Women's Health Channel website:
"Invasive cervical cancer is more common in women ¼ of poor socioeconomic status, who are less likely to receive regular screenings...There is also a higher rate of incidence among ¼ Native American women."
In October 2003, US CITIZEN received a LEEP procedure. The LEEP procedure surgically removes the pre-cancerous cells from the cervix. It is generally used when the pre-cancerous cells have reached a more advanced depth, and other methods, such as freezing, are unlikely to remove all of the cells. (See Exhibit B) Thus the use of this treatment suggests a higher risk for the future development of cervical cancer. After the procedure, the physician assigns the best course of follow-up measures for the patient. DOCTOR NAME, the operating physician states:
"US CITIZEN needs to have pap smears every three months for one year and every six months for two years in order to assure us of her not developing a recurrence of her dysplasia in the future." (See Exhibit C)
It is imperative that these follow-up appointments are utilized to be sure that the pre-cancerous tissue was completely removed and that the abnormal cells do not return.
The Romanian healthcare system does not have adequate facilities to provide proper detection of Cervical Dysplasia, nor prevention of its progression into Cervical Cancer. Accordingly, DOCTOR NAME, US CITIZEN's family physician, states:
"I believe that US CITIZEN's healthcare needs would be better addressed in the United States. I am comfortable with the idea that in the United States, we follow Standard of Care and Treatment Guideline in caring for a patient. This means that if US CITIZEN were to move to other states or cities, there are certain protocols in place for health professional's to address her health conditions and concerns. I am not so sure that she would be able to attain this high level of care that she has grown up with in Romania. In addition, I believe that uprooting her from the United States and placing her in Romania would exacerbate her health conditions secondary to having to undergo cultural transitions." (See Exhibit D)
If US CITIZEN develops cervical cancer while in the USA, physicians at the hospital US CITIZEN works for may treat it. The hospital has a cancer center that is very knowledgeable in this area, and has dealt with numerous patients that have been diagnosed with cervical cancer. In Romania, the medical system is not as technologically advanced or well equipped to deal with cancers of this nature, even if it would be diagnosed in time for treatment. If the recommended preventative measures are not followed US CITIZEN could develop cervical cancer, and, without proper treatment, she could die. According to the Project Concern International Romania report:
"Findings suggest that patient access to the nearest specialist-facility is a principle barrier to cervical cancer screening among women of reproductive age. In addition, a barrier to quality provision of this service is the poor relationship between the general practitioner and the OBGYN, which is commonly marked by a lack of professional courtesy, collaboration and teamwork." (See Exhibit E)
US CITIZEN has also been diagnosed with Bursitis of the knee, which means that the bursa located in front of the kneecap becomes inflamed, fills with fluid and causes swelling at the top of the knee. Problems caused are pain with activity, rapid swelling on the front of the kneecap and tenderness to the touch. If chronic swelling occurs, it may cause disability. Under these circumstances, the physician may decide to aspirate the bursa with a needle or an orthopaedic surgeon may recommend surgical removal of the bursa. (See Exhibit F) DOCTOR NAME states:
"I believe that all of these conditions have been made worse from the emotional stressor of being separated from her husband." (See the Holmes-Rahe Social Readjustment Rating Scale in Section II, or Exhibit G).
It has been extensively researched that the hospitals in Romania are at an all time low with providing adequate healthcare for patients. According to Project Concern International Romania:
"Economic hardship has led to widespread malnutrition and has hampered government efforts to provide adequate health services. These factors contribute to the current health care crisis in Romania. Patients have to bring their own food, soap, and toilet paper. The doctors require additional money (under the table funds) to give adequate follow up care to a patient" (www.pciromania.org, See Exhibit E).
This suggests that neither the Bursitis nor the Cervical Dysplasia would be appropriately treated. The care recommended for US CITIZEN requires recurring examinations. It is unlikely that the Romanian healthcare system would be able to provide the level of care and preventative measures that US CITIZEN would require. This lack of care could result in serious problems for US CITIZEN, or even death.
B. INSURANCE
US CITIZEN works at a healthcare facility. Therefore, she receives excellent healthcare insurance coverage as well as access to the facilities with employee discount benefits. Additionally, US CITIZEN is a member of the Sac and Fox Native American tribe. The tribe, which not only provides financial assistance to the tribe members when needing healthcare coverage, they also provide facilities dedicated specifically to Native Americans. If US CITIZEN is forced to leave the United States and move to Romania she will lose her Indian Healthcare benefits because the tribe rules articulate that if a member leaves the United States, they will lose their healthcare benefits and ability to use the Native American healthcare facilities. (See Exhibit H) US CITIZEN will also be forced to quit her job and in doing so she will have to forfeit her healthcare insurance, which is the means she uses to cover her current and future healthcare coverage. Therefore, without the healthcare coverage offered by her job or her Native American tribal affiliations, US CITZEN will not have access to, or the ability to pay for the necessary healthcare.
Given the current economic state of Romania, in which the average income is $75-$100 month, it is highly unlikely that US CITIZEN will be able to afford quality care. $75-$100 is not enough to cover basic healthcare expenses, let alone the additional money ("under the table bribes") necessary to obtain proper treatment. Since US CITIZEN does not speak Romanian she would not be able to get a job that offers healthcare coverage to the employees.
Albeit of lesser concern, an additional medical stressor must be addressed. US CITIZEN had a bilateral LASIK Laser Vision Correction procedure done. This corrected her vision to 20/25. Part of the operation benefits was the TLC Lifetime Commitment, which entitled US CITIZEN to lifetime, cost free, vision corrections should her vision regress. One of the requirements to continuing as a Lifetime Commitment member is to have an annual eye exam. TLC does not currently have centers or an Affiliate Optometrist in Romania. Therefore, moving to Romania will affect her ability to keep her annual exams required by TLC and may void her protection under the TLC Lifetime Commitment plan. (See Exhibit I)
Psychological
Once ALIEN voluntarily departed from the United States, US CITIZEN was diagnosed by her family physician, DOCTOR NAME, with Major Depressive Disorder. DOCTOR NAME placed US CITIZEN on the antidepressant Zoloft, and referred her to undergo counseling.
Due to DOCTOR NAME recommendation, US CITIZEN's supervisor suggested US CITIZEN speak with a employee assistance professional in EMPLOYERS Corporate Assistance Program. This is a confidential service provided to employees when they are going through depression, financial hardship or some other traumatic event in their life. According to US CITIZEN's supervisor, SUPERVISORS NAME:
"I've noticed that she has been depressed and because of this depression she has lost quite a bit of weight. In addition to her weight loss, US CITIZEN has become increasingly moody, quiet and has tried to keep her sadness hidden inside herself. It would be too hard for her to talk about her hardship with others and maintain a professional demeanor." (See Exhibit J)
Based on SUPERVISORS NAME's suggestion, US CITIZN saw COUNSELOR NAME, a counselor through this program, on several occasions. He recommended US CITIZEN to seek further counseling from a therapist. (See Exhibit K) COUNSELORS NAME states:
"The concerns addressed were the stress that US CITIZEN experienced at work and in life due to the absence of her husband."
US CITIZEN then sought counseling from PSYCHOLOGISTS NAME, a certified psychologist. PSYCHOLOGISTS NAME states in her report:
"US CITIZEN's case is exacerbated by psychological factors. Test data does confirm that US CITIZEN is highly anxious and depressed and feeling very negative about herself. She is somewhat dependent. However, she is the only wage earner and sends ALIEN money when able to do so. She is extremely close to her family and members of her extended family. US CITIZEN appears to have been closest with her cousins. Given her close family ties, her health history, and the necessity of providing and income, US CITIZEN continues to spiral downward into depression. Unable to work in Romania nor complete and education, the prospect of a ten year separation is daunting. The majority of drawing cues indicate that US CITIZEN is feeling inadequate and insecure. She is somewhat timid, dependent, and feels helpless and weak and tends to prefer to keep her feelings secret; for she does not trust easily. Her energy appears to be somewhat low at this time, perhaps because she is most likely to use her energy to over compensate for self-perceived weaknesses. She is also intensely feels the pressures and inhibitions of her environment. She clearly fears the future." (See Exhibit L)
Due to the extreme hardship US CITIZEN has experienced as a result of the separation from her husband, and will experience if forced to move from her family and country, US CITIZEN has suffered psychologically. She misses the emotional support her husband provides in regards to celebrating personal achievements, such as a recent promotion at work, and celebrating national holidays with each other and with their family. Each holiday, birthday, and anniversary they do not spend together sends US CITIZEN into a state of depression.
Pregnancy
US CITIZEN and her husband, ALIEN, want to start a family in the immediate future. However, they fear that, due to the present practices and conditions in Romanian hospitals, there are serious risks to both US CITIZENS's own health and to that of any child born to US CITIZEN in Romania. According to Project Concern International Romania:
"Maternity and Infant Mortality Rates [in Romania] are amongst the highest in Europe." (See Exhibit E)
On the other hand, if forced to wait to start their family until the 10-year bar is finished, US CITIZEN will be 35-40 years old. www.parenting.com states the following:
"Fertility continues to decline after age 35. The decline is due mostly to the fact that the woman's eggs are aging and they become more difficult to fertilize. The risk of high blood pressure during pregnancy is about double to woman over 35 compared with younger ones. In addition, the risks of having a baby with Down syndrome or another type of chromosomal disorder being to rise significantly" (See Exhibit M).
Therefore, if US CITIZEN waits until she is 35-40 years of age to become pregnant, both she and her child will be exposed to numerous high risk factors.
Also, Romania has a severe AIDS epidemic for young children. Highlights on Health in Romania report:
"The main reason for these infections with HIV is injections with contaminated blood and needles. Romania has 99% of the children 0-12 years old with AIDS in the western and northern European countries."
This would add yet another concern to the list of medical concerns that would be experienced by both US CITIZEN and her husband, should they choose to have a child in Romania. (See Exhibit N)
EDUCATIONAL
US CITIZEN is currently studying for her Bachelor's degree in Accounting at the University of Central Oklahoma. She is a student in very good standing and is expected to successfully complete all requirements for her Bachelor's degree and subsequently take the Certified Public Accounts (CPA) exam. With this degree, and the CPA certification, she could be expected to earn annually $30,320 to $82,730, depending upon the context of her employment. However, in order to test for the CPA exam US CITIZEN would have to live in the United States. The CPA requires every applicant to have graduated from an accredited four-year college or university with a major in accounting, and to have at least 150 semester hours from an accredited four-year college. Currently, US CITIZEN has accrued 110 semester hours towards this degree. (See Exhibit O)
If forced to leave the country, US CITIZEN will have to forfeit the possibility of finishing her education because Romania does not teach, at a college level, in English and US CITIZEN does not know the Romanian language. Additionally, due to CPA requirements, she would no longer be eligible to take the CPA exam. According to Despina Barbieru, the International Programs representative at the Romanian-American University:
"In order to enroll in our university, you must speak the Romanian language as teaching here is in Romanian." (See Exhibit P)
US CITIZEN receives educational payment assistance from both her employer and from her Native American tribe. If forced to leave the country, she would be forced to forfeit both the reimbursement from her employer because she would be forced to quit; and the Native American tribe has regulations that state a tribal member would not be eligible for Education department services if they move outside of the country. This would pose extreme hardship to US CITIZEN because she has dedicated 5 years of her life to attain this degree and would be forced to halt her efforts due to lack of educational facilities, language barriers and financial issues in Romania.
Even if US CITIZEN were to finish her education here in the United States, and to become certified as a public accountant, she would not be able to attain similar financial independence in Romania. The average salary in Romania is $75-$100 dollars per month. However, it is unlikely that US CITIZEN would be able to obtain a job, in Romania, in her field at all as she does not speak Romanian, and all of her training, both past and future has been done in the United States, in accordance with U.S. laws. Thus, if required to move to Romania for the sake of her marriage, US CITIZEN would not be able to complete her studies, would not be able to find a job in her chosen field, and would not be able to earn a salary comparable to that of a U.S. salary.
Economic
US CITIZEN would suffer economic hardship because she would have to quit her job in the United States to move to Romania. In the United States, US CITIZEN currently makes the minimum adequate income to support herself, however this is only with the aid of her parents. US CITIZENS PARENTS have considerately allowed US CITIZEN to stay in their residence while US CITIZEN tries to take care of the financial responsibilities she carries. She currently maintains payments on financial loans, student loans, attorney fees, phone bills ranging from $80-$100 dollars a month to speak with her husband, and sends her husband funds to help him financially while in Romania. (See Exhibit Q)
If ALIEN were permitted to return to the United States he could help her resolve the current financial despair she is in. ALIENS's educational history leans towards electritional work , which earns approximately $40,000 to $65,000 in the USA. Additionally, he is a dedicated and hard worker and many people would be happy to employ him. Currently, ALIEN is at a disadvantage for finding work while he lives with his family in Romania because they live in a small town whose only business comes from summer vacationers. Work is difficult to find for ALIEN and he is not able to provide financial support to either US CITIZEN or his Romanian family, thereby increasing the burden on US CITIZEN. Given the information above that US CITIZEN would not be able to help provide income and the average monthly income is $75 to $100 month, if US CITIZEN is forced to live in Romania they would not be able to afford a home of their own in another city. Therefore they would be forced to live with ALIEN's family in their one bedroom apartment.
If US CITIZEN quits her job to move to Romania and be with her husband, it is unlikely that she will be able to find a job (due to lack of training, language barriers, and the overall economic situation in Romania.) This would make her situation even graver and would impact numerous portions of her life: psychological, physical (see medical section), and even future family life. Not only would this provoke serious depression due to loss of ability to provide income, but financial difficulties would also affect the possibility of her and her husband starting a family. This would be an extreme hardship to US CITIZEN because she desperately wants to start her own family with her husband.
Additionally, due to these financial and economic issues both US CITIZEN and ALIEN would be forced to live with ALIEN's family, who reside in a one-bedroom apartment. Currently, including ALIEN, there are four people living in this apartment. During the wintertime, the residents are allowed hot water twice during the week. This would be a very severe change in living standards for US CITIZEN, and would further increase her levels of hardship.
Family Ties
US CITIZEN is exceptionally close and emotionally dependent on her United States family. She is an only child to her mother and father. They have lived in close proximity of one another through out a majority of her life. US CITIZEN attempted to live in another state at one point, but moved back within six months due to the emotional depression she experienced from being separated from her parents and family. PSYCHOLOGIST states:
"As a child, US CITIZEN was subjected to long separations from her military father. Her mother does not cope well with the separations. US CITIZEN has always lived with her mother during those separations. She attempted to become more independent and moved to California with a cousin. Six months later she returned home because neither she nor her mother could handle the separation. (See Exhibit L)
US CITIZENS MOTHER states:
"I know the United States and international law recognizes the unique relationship between parent and child and that family unification has long been a cornerstone of these laws. I maintain a very close relationship with my only child, US CITIZEN, and my love for her is unconditional. At times, when I'm alone, I cry because of the possibility of losing the closeness we share if she is forced to move to Romania. Please, I plead with you, to understand, respect and uphold the bond between parent and child." (See Exhibit R)
US CITIZENS FATHER states:
"Since the separation, due to voluntary departure, I've noticed US CITIZEN is...consistently depressed and stressed...attention span is haphazard...and has developed numerous physical ailments. Please, I implore you to assist us in reuniting these two young individuals and allowing them to resume their lives and future in the United States." (See Exhibit S)
Her entire family lives within the United States and in Oklahoma City. They frequently see each other for family events (such as birthdays), holidays and daily gatherings. If forced to move to Romania she would have limited if any contact with her family. This is not only in regards to distance and financial issues, but also to the current threat of terrorist attacks upon international flights. The extreme hardship on both US CITIZEN, her parents and immediate family would be extreme given they could rarely see one another, and when they did, they would have to worry about their safety and well being.
US CITIZENS COUSIN recently had a baby. US CITIZEN has helped US CITIZENS COUSIN, a single mother, with many challenges she has faced (babysitting, moving, and emotional support) and in the process has grown attached to both COUSINS BABY and US CITIZENS COUSIN. It would be an extreme hardship on US CITIZEN AND HER COUSIN to separate them from one another.
Heritage
US CITIZEN is a Native American and a member of the Sac and Fox tribe. Being a Native American is a cultural heritage that is extensively celebrated in the United States. US CITIZEN and her family frequently attend Native American Pow Wows, adoptions, name-giving ceremonies, and feasts in celebration of the Native American heritage. In addition, US CITIZEN attends a yearly "ghost feast", which is an honorable celebration in remembrance of her great-grandfather. The family comes together on his land, eats his favorite foods, and share in his memory. Each family member is assigned a particular task by her great-grandmother. If forced to move to Romania, she would be deprived of this part of her cultural heritage.
This would create an extreme hardship on not only US CITIZEN, because she is in close contact with her heritage and Native American family, but also her future children who will not be entitled to rightfully experience their Native American heritage.
In addition, if forced to leave her home country and live in Romania, the possibility of meeting friends or contacts, in Romania, that share her Native American heritage are unlikely. This would create additional hardship.
II. THE HOLMES-RAHE SOCIAL READJUSTMENT RATING SCALE
In 1967 Thomas H. Holmes, M.D. and Richard H. Rahe, M.D. published in the prestigious Journal of Psychosomatic Research, "The Social Readjustment Rating Scale". This scale is now famous. Its efficacy is well established. For instance, in December 2000 in Educational and Psychological Measurement Judith A. Scully, Henry Tosi and Kevin Banning re-evaluated the use of this instrument. The abstract of their article states:
"The authors conclude that, in sum, life change events remain useful predictors of stress related-symptom scores and that the SRRS is a robust instrument for identifying the potential for the occurrence of stress-related outcomes and is, therefore, a useful tool..."
The scale uses the weighting of Life Changes Units (LCU's) as a means of being able to predict vulnerability to medical illness. For instance, a marital separation would accrue 65 LCU's and an outstanding personal achievement would accrue 28 LCU's. In other words, significant life changes, positive and negative, which occur with frequency and intensity, are significant variables in the development of medical illness. It is not possible to predict exactly which illness might occur. However, degree of vulnerability can be predicted. (Pre-existing conditions are presumed to be highly vulnerable to exacerbation).
The following are the predictive ranges of the Holmes-Rahe Social Readjustment Rating Scale:
LCU<150: 35% Chance of illness or injury in two year period
LCU 150-130: 51% Chance of illness or injury in two year period
LCU>300: 80% Chance of illness or injury in two year period
This Scale was applied to US CITIZEN (on the assumed basis that she was forced to move to Romania). US CITIZENS score on this instrument was " 455 ". On the other hand, if ALIEN were admitted to the USA her score would drop dramatically to 125.
If she is forced to move to Romania, she is clearly within the highest-risk range of developing medical illness or injury in the two years following her move.
The Holmes-Rahe SRRS also demonstrates a very important fact widely recognized in the health sciences. Stress and other risk factors not only exist as independent influences, they interact dynamically. In other words, the whole is greater than the sum of its parts. US CITIZEN is being subjected to, or may be subjected to, factors whose interactions contribute exponentially to her experience of hardship. The factors herein delineated are more than additive. Each interacts with the other in a dynamic manner that potentates and heightens their mutual impact upon US CITIZEN. Therefore, the totality of hardship factors exceeds measurement. (See Exhibit G)
III. Family Unity
In addition, US CITIZEN would experience and extreme hardship due to the fact that if forced to live in Romania she would almost never be united with her entire family. Meaning that she would not be with her husband and her family at the same time. The ability for her husband to interact with her family in family settings is imperative to all involved and would be unattainable if forced to live in Romania. This would not only be an extreme hardship on US CITIZEN but on her family and husband since they would lose the ability to grow together as a unit.
FAMILY FRIEND says this of US CITIZEN and ALIEN:
"My husband, my son, and I went to Oklahoma after they had been married a few months. What we saw was a family; probably closer and more cohesive than quite a few American families. US CITIZEN AND ALIEN were sweet together. ALIEN ˜fit in' with US CITIZENS parents. He was personable and great company, especially to our then 15-year-old son. Since ALIENS deportation, I've seen how hard it's been for US CITIZEN and her parents. They are a close-knit unit." (See Exhibit T)
US CITIZEN is incredibly close to her family and close relatives and friends. Her life is in Oklahoma City. However, she is incomplete without her husband. They balance each other's strengths and weaknesses. When she is irate, he understands. When he is frustrated, she is patient. She needs him to share in the joys of life, in the extreme hardships that she currently has to endure. US CITIZEN is dependent on ALIEN, for his love, integrity, his emotional support and financial support. ALIENS presence is imperative to US CITIZENS person.
ALIEN is a good man. Both US CITIZEN and ALIEN are aware that breaking the law was a mistake, but it is not characteristic of ALIEN and will never happen again. ALIEN is terribly sorry for all of the harm he has done to the United States. He is a hard worker with a strong sense of integrity. He wants the opportunity to raise and support a family with his wife US CITIZEN in the United States.
US CITIZENS MOTHER says this about ALIEN:
"ALIEN is my son-in-law, but in my heart, he is my son. I could not of asked for a more loving and caring son. When my husband was away for 3 months, ALIEN was there to mow the yard for me and help me when I had car problems. He was there for us when my father had prostate surgery. ALIEN has a caring heart and I am proud he is my son." (See Exhibit R)
IV. CONCLUSION
Because this is a full and complete marriage with intense emotional, social, familial, economic, and spiritual ties, US CITIZEN reciprocal bond with ALIEN must be granted great weight while accessing what would happen to US CITIZEN if ALIEN were not admitted to the United States. All extra hardships are built upon the base of significant, although usual hardship. In other words, it is of note that US CITIZEN misses her husband painfully, is uncertain and frightened about her future because it depends upon the status of her husband, etc. However, these are considered herein to be "simply" the backdrop from those other, previously listed hardship that, individually and when combined and interacting are severe. In other words, the enormous strain of being separated from her husband constitutes a powerful hardship to US CITIZEN. Te other hardship on top of this one culminate in her being potentially and actually subjected to extreme and unusual hardship. We respectfully request the waivers be approved.
Attorney's signature Attorney name, address, telephone number
This hardship letter was Clare's. It was adjudicated in Canada (for a K1 visa). An RFE (request for information) was required and a copy of that letter may be found at http://www.immigrate2us.net/forum/viewtopic.php?t=890
Affidavit from ALIEN
I, ALIEN (last name), declare under penalty of perjury, under the laws of the United States, that the forgoing is true and correct.
USC, is very close with her family of two sisters (Born USC), their spouse's and children, and her parents. Separating her from her family would increase her emotional duress. She has a very close relationship with her family and is with daily contact with both her sisters and her parents. If she was forced to move the impact here would not only affect USC, but her children and her family as a whole. They all live in close proximity of each other. (Exhibit "E" & "F" Affidavit's from Parents and Sister)
LACK OF STUDIES/CAREER DEVELOPMENT OPPORTUNITIES;
USC has an established career with The (company name) since January 1993, and derives an income of approximately $*** per year. With her age, lack of education and limited skills it would be impossible for her to maintain the same level of employment standard, or even a level that would allow us to live in a safe and healthy environment, that she has attained at home in the United States. Her children have attended the New Jersey school system since school age and have done very well. Her daughter has been on the Honor Roll for many semesters since grammar school. It would be an extreme hardship for them to maintain their grades and educational level if they were to leave their school system. It is important for her children to complete their schooling in their own country, and allow them to develop into adults that would contribute to the economic and social state of their country. (Letter from Employer, Exhibit "C")
Citizenship
USC is a very proud American, she support's her country and will always support it. She was born a citizen of the United States and is proud to be a part of its great nation. She fully support's the United States with all that she is and all that she will be and to imagine having to leave there would destroy the pride she has in the United States and to even consider be forced to depart from there would only exponentiate the pain and suffering. Also the status of her children's citizenship would be greatly affected and have serious repercussions.
Community Ties
She is a member of *** Middle School's PTA and a member of *** Church. USC previously served as team parent for her son's soccer and baseball teams and is actively involved in her daughter's sports accomplishments in soccer. Removing these ties would also impact the community, her children, and herself. (Exhibit "D" School records)
USC will have unusual extreme hardship going on with her life if I, ALIEN am denied entry into the United States.
This letter is from Hugopug2003. It was filed as a part of a motion to reconsider (after a denial). She is from Chile, but the file was adjudicated in Peru.
RE: ALIEN Case Number: A00-000-000
HARDSHIP TO THE U.S. CITIZEN
If ALIEN is not admitted to the United States, USC would suffer severe hardship. His psychological health, family responsibilities, and community ties would prevent him from living in Country with his wife. At the same time, he would feel compelled by the powerful forces of his complete marital bond and soon to be born child, to do so.
Mr. USC is faced with several interacting hardships:
I.- HEALTH
(Please refer to the emotional tones of the original brief and to the letter from USC's psychologist – additional information has been added for clarification of the severity)
a. Psychological
Although it can be expected that the average person enmeshed in an immigration case of this nature would experience profound psychological difficulties, USC's psychological hardships have proven themselves to be particularly severe and have the potential of causing medical illness, hospitalization, or even death. Thus, his psychological hardships warrant particularly in depth examination.
USC has been devastated emotionally by the current situation in which he and his wife find themselves. He finds it very hard to cope with the thousands of miles that separate him from his wife, the uncertainty of their situation, and his father's rapidly declining health (see personal considerations). USC is emotionally drained and distraught with the idea of not living with his child, as his wife, Alien, is currently 10 weeks pregnant. As stated in his Psychological Evaluation (see Exhibit N in main waiver) "At the present time, USC is already experiencing symptoms of a Major Depressive Disorder, moderate degree." Major depression is a severe psychological disorder in which a persons normal functioning becomes impaired and the person is unable to escape from a fog of devastating sadness and negative thoughts. "A person who suffers from a major depressive disorder... must represent a change from the person's normal mood. Social, occupational, educational or other important functioning must also be negatively impaired by the change in mood" (http://psychcentral.com/disorders/sx22.htm).
USC is already suffering from sleepless nights, has presented high levels of anxiety, his work performance has been hindered, and he experiences profound feelings of worthlessness and excessive guilt nearly every day. Once a person, such as USC, has been exposed to the onset of major depression, that person remains highly susceptible to re-occurrences. These re-occurrences are often triggered by extreme levels of stress or devastating events (such as moving to a foreign country in which one would become isolated or living away from a spouse and child). If forced to leave his country, he would have to overcome tremendous anxiety problems as well as the possibility of developing a Full Major Depressive Disorder or an Adjustment Disorder with Depressed Mood (See Exhibit N). At the same time living without his wife and child would have equally devastating affects.
The consequences of developing a Full Major Depressive Disorder are extreme in nature and often include suicidal thoughts. Thoughts of this nature could result in hospitalization or even death. Dr. ***, USC's psychologist, wrote:
"Though USC does not endorse any statements reflecting active suicide intention, the combination of high levels of depression and anxiety is a clear danger signal. If he continues to be exposed to stress and tension, his levels of depression and anxiety may reach such a state in which suicidal thought may become activated... High levels of depression and anxiety, along with the lack of confidence in a better future can in fact activate suicidal thoughts."
This suggests that she believes USC is at danger for developing suicidal thoughts, if the situation in which he currently finds himself does not improve dramatically. Therefore, if Alien is not allowed prompt readmission into the United States, there is the potential that USC would become overwhelmingly depressed and attempt to take his own life.
b. Vulnerability to Medical Illness
In 1967 Thomas H. Holmes, M.D. and Richard H. Rahe, M.D. published in the prestigious Journal of Psychosomatic Research, "The Social Readjustment Rating Scale" (SRRS). This scale is now famous. Its efficacy is well established. For instance, in December 2000 in Educational and Psychological Measurement Judith A. Scully, Henry Tosi and Kevin Banning re-evaluated the use of this instrument. The abstract of their article states:
"The authors conclude that, in sum, life change events remain useful predictors of stress related-symptom scores and that the SRRS is a robust instrument for identifying the potential for the occurrence of stress-related outcomes and is, therefore, a useful tool..."
The scale uses the weighting of Life Changes Units (LCU's) as a means of being able to predict vulnerability to medical illness. Significant life changes, positive and negative, which occur with frequency and intensity, are significant variables in the development of medical illness. It is not possible to predict exactly which illness might occur. However, degree of vulnerability can be predicted.
The following are the predictive ranges of the Holmes-Rahe Social Readjustment Rating Scale:
LCU <150: No significant risk of illness
LCU 150-199: 35% Chance of illness or injury in two year period
LCU 200-299: 51% Chance of illness or injury in two year period
LCU>300: 80% Chance of illness or injury in two year period
This scale was applied to USC (on the assumed basis that he was forced to move to Country). USC's score on this instrument was "569 ". On the other hand, if USC were admitted to the USA his score would drop dramatically to 134 (See Attached Scales) If he is forced to move to Country, he is clearly within the highest-risk range of developing medical illness or injury in the two years following his move.
The Holmes-Rahe SRRS also demonstrates a very important fact widely recognized in the health sciences. Stress and other risk factors not only exist as independent influences, they interact dynamically. In other words, the whole is greater than the sum of its parts. USC is being subjected to, or may be subjected to, factors whose interactions contribute exponentially to his experience of hardship. The factors herein delineated are more than additive. Each interacts with the other in a dynamic manner that potentates and heightens their mutual impact upon USC. Therefore, the totality of hardship factors exceeds measurement.
Thus, it is this totality of factors that must be considered when reading this document. Additionally, it must also be remembered that USC is currently experiencing high levels of psychological stress (as evidenced by the development of major depression). Thus, each of these areas of actual or potential hardship must be added to the already significant psychological hardship that USC deals with every day.
II.- FINANCIAL
(Please refer to "Our Family Business" and "Future Earnings" on the original brief)
USC has worked at the family business since he was a teenager. His grandfather started the company in 1927. The business currently belongs to his father, but as ***X ***X, (USC's father) states, he is currently "unable to operate our business other than direct and act as a consultant. I am depending on my son USC to keep the business going so as to provide me with the income for my livelihood." (See Exhibit I). USC cannot re-locate to Country, as he would have to leave the company and the company would undoubtedly be lost. This would leave not only his father, but his half-sister, cousin and other employees' unemployed and without any source of income. The company is solely run by him, as he is the only person able to produce and formulate the products they sell. Additionally, if he has to leave the company, he would not be able to pass it on to his children as he has always dreamt. As his father is 82-years-old and very ill, he would not be able to seek new employment; therefore, he would be unable to continue paying for his costly cancer treatments. USC would not be able to forgive himself for depriving his father of his earnings and for causing his father's physical condition to deteriorate without proper medical care. USC, therefore, cannot leave the family business, as doing so would cause him additional emotional turmoil. He feels that he could not live nor forgive himself for depriving his father of his earnings and for causing him extreme suffering.
Additionally, if USC leaves the company the company would have to close. Therefore, he would lose his employment and income. USC would receive little to no money from the liquidation of assets. Worse still, if he were to relocate to Country, it would be extremely difficult for him to find employment. Country is a country that USC does not know, with a language that he does not speak. The unemployment rate in City, were he would live, was at 12 percent in June-July 2004, and 8.5 percent for Country in 2003 (See Exhibit G). It is also noteworthy that the minimum wage in Country was only US$175.00 a month (See Exhibit G). With such a high unemployment rate and low minimum wage, combined with the fact that USC cannot speak the language, USC's possibilities of finding good employment in Country are slim.
Unemployment results in many different factors that greatly concern USC, not the least of which is the ability to provide high levels of medical care for himself, his wife, and their child. It also raises questions of whether or not he would be able to provide adequate educational opportunities or afford anything other than substandard housing. Moreover, he would become even more isolated from his own family and friends as he would be unable to purchase plane tickets to go home to visit (tickets cost between US$950-US$3000 round trip), or even pay for the international calls that would be necessary to stay in touch. Thus, the almost certain unemployment that he would face in Country would cause him extreme hardship. USC would be unable to provide for his wife and child, as he currently does, thereby affecting his self-esteem and feelings of self-worth. He would be unable to afford tickets home or even long distance calls to his family. He would jeopardize his ability to pay for adequate medical care or educational opportunities and would significantly lower his standard of living. All of these factors would negatively impact USC's already fragile emotional balance.
A further financial concern for USC is the fact that his wife does not have health insurance in Country and that she is not eligible for it as she is currently pregnant and unemployed. USC has health insurance in the United States (See Exhibit M) through the family business. As stated by the insurance company, USC will be able to add his wife to the policy as soon as she arrives in the United States. The fact that Mrs. Alien is not insured is a major financial problem, as the cost of the pregnancy and delivery of the baby will be very high. If USC is forced to move to Country, he would not be able to afford the costs of delivering the baby, as he would be unemployed and without health insurance. Therefore, if there are any complications with the baby or the pregnancy, without income or health insurance, USC would not be able to offer his child the best available health care, which would jeopardize the life of both his wife and his child.
III.- PERSONAL CONSIDERATIONS
(Please refer to "My Father", "Life Long Friendships", and "Desire to have a Family" in the original brief)
A.- Father
USC's father, ***X ***X, is 82-years-old and suffers from advanced prostate cancer (See Exhibit J). He has gone to Germany twice to undergo non-invasive prostate procedures and had to have major prostate surgery last week. USC's father's declining health has created the need for USC to become even closer to him. USC currently values every moment of the time that they spend together. USC has also begun assisting his father in matters of daily life. As his father stated "I am depending more and more on USC to assist me with my personal life as my illness is taking a toll. If for any reason USC could not be there for the business or my personal needs, it would prove virtually disastrous to me." (See Exhibit I). USC's father's precarious health condition has caused USC a lot of pain, so he cannot fathom the idea of having to leave his father. For him, having to choose between his father or his wife and child has become a tremendous burden.
Also, because his father's condition is already somewhat marginal in terms of independence, it is likely that, within the near future, he would reach a point where he would require regular family care, at which point, USC would become his main care giver. If USC were unable to do this, it would cause him additional psychological difficulties.
B.- Child
Mrs. Alien is currently 10 weeks pregnant. When USC found out about the pregnancy, his desire to resolve his current separation from his wife became desperate. First because he loves his wife and second because he needs to accompany her through the pregnancy. The denial of the waiver has caused him tremendous grief, as he fears that his current situation will put too much strain on his wife, to the point of harming their child.
Also, both USC and Alien strongly feel that a child should not be separated from its parents, especially its mother during the formative stages of its life. If Alien is not allowed to return to the United States, her husband would find himself obligated to live away from their child and would, thereby, deprive his baby of a father. He would miss crucial moments in both the physical and psychological development of the child as well as moments that would aid in the formation of a relationship between them. He has already missed the beginning stages of Alien's pregnancy and the baby's first sonogram and heartbeat (See attached). Missing these unique events has added more pain to the psychological troubles that he is already experiencing. He grew up with only one parent at a time and cannot endure the idea of his child growing up like that. The possibility of not being around his child torments him every day. Thus, if Alien is not allowed to return to the United States, USC would not be able to live with his wife and child, he would suffer tremendously and would lose irreplaceable moments of both his own life and that of his child, causing further decline in his own psychological state.
Like any father, USC wants his child to have at least all of the choices and possibilities that he had while growing up. He also wants his child to have those things that he did not have. USC and his wife love each other deeply and want to provide their child with a strong and positive home. USC also wants to provide his child with the best education, the best medical care, the safest surroundings, and the love and support of his family. For USC, all of this is possible only while living in the United States. If USC and Alien lived in the United States, their child will be an active member of USC's extended family. As such, they will have his extended family to support and help with the upbringing of their child. If he were forced to re-locate to Country at some point in the future, his child will be deprived of knowing his American family. This would be particularly difficult, as USC's family is an integral part of his life and he could not imagine them not being closely connected to his child and himself. USC's child, an American citizen, would also be denied the possibility of living and growing up in the country that his father loves so much.
Additionally, if Alien were not admitted to the United States, USC's 82-year-old father, who suffers from prostate cancer, would be unable to see or get to know his grandchild. As his father wrote (Exhibit I) "At my age and in my status of health I can't wait much longer to see my grandchild." This situation would cause USC even more pain, stress and depression. As a good father, he dreams of having a close family, and of being able to give his child memories of his culture and his family. He also hopes to be able to offer a last joy to his own father. Thus, for his child not to meet his grandfather and vice versa would have devastating effects on USC and would be something that he would regret for the rest of his life
C.- Other Family Ties and Friends
USC was born and has lived all his life in the United States. His entire family, including his parents and half sister reside in the United States within a half hour drive from his home. USC is very close to his father, half sister, aunt, uncle and cousins, who are like brothers to him. He grew up in a very extensive Italian-American family, with many family gatherings every year. His extended family is his main support group as well as one of the most important aspects of his life. USC cannot move to Country because his family as he knows it would be lost. He also has a group of very close friends that he has known for over 20-25 years. This group of people is one of his main coping mechanisms as they are always there for him. The continued involvement of his extended family and friends in his life is key for USC to overcome the anxiety and depression that he is currently suffering.
USC does not have family or friends outside of the United States. Although he has interacted on a few occasions with Alien's family, he has always been alienated because he does not speak their language. Being alienated is extremely difficult for him, as he is very friendly and outgoing, and he is used to being constantly surrounded by family and friends. Alien knows that if USC was forced to re-locate to Country, he would suffer from extreme isolation and the lack of his support group would add even more stress to his already stressful life. The separation from his family and friends combined with feelings of isolation and alienation would worsen his current psychological symptoms and would put him at grave risk for the development of more severe psychological disorders.
Additionally, in the United States, one of his primary ways to relieve tension is to play softball at least 2-3 times a week. There are no softball leagues in Country as the sport is virtually unknown. If he does not have access to playing softball, his stress would be even higher than it currently is, further exacerbating his psychological problems.
If USC were to move to Country, he would not only be far away from his family and friends, but would also have to live without his favorite sport. Therefore, he would be extremely vulnerable to the onset of more severe psychological hardships.
IV. Special Factors
(Please see "Culture and Language Barriers" on the original brief)
USC does not speak or understand Spanish. Therefore, he would be severely limited in any interaction with Countryans, from making friends and from becoming employed. He does not have one single family member or friend in Country that would be able to ease the transition or help him out.
GOOD CHARACTER AND ADMISSABILITY OF ALIEN
Alien is a college educated and family oriented woman with high moral standards. She is extremely sorry for the pain and suffering that her unlawful presence in the United States has caused her husband and his family. She knows that her overstay was overly prolonged, and although she makes no excuses for her behavior, she would like to mention that it was out of character for her, and she has never engaged in any other illegal activities. If given a second chance, Alien would respect all laws of the United States; not only out of fear of reprisal, but also from a genuine love for the country and for her family.
Activities related to residing illegally in the United States of America express an isolated and unusual circumstance for her. She is deeply repentant, a changed woman. The 21-year-old, who allowed herself to become trapped inside of lies, no longer exists. She has returned to herself. She is goal directed, focused and thoroughly ethical and law-abiding. She presents no danger whatsoever to the interests of the United States of America.
SUMMARY
It needs to be emphasized that by issuing an approval of an I-129F for a K-3 spousal visa, the United States government has formally and legally recognized the validity of the marriage between Mr. USC and Mrs. Alien. It is well documented that "family unity" is an important value unpinning the raison d'etre of the United States of America and that actions to "assure family unity' are part of the intent of the United States immigration law [for example see Title 8, Chapter 12, Subchapter II, Part II, section I, pp. 64 and 65]. Although, it is a function of law to provide legal definition and recognition to this marriage between USC and ALIEN, it is clearly the intent of law to support the complex nature of marriage. In other words, in this and other genuine marriages there are multiple social psychological, familial, economic, cultural, spiritual, etc. bonds, which are presumed by the law to exist conjointly with the legal presence of marriage. Support for these complex interacting marital bonds is a fundamental value of the larger society and a function of the law.
Because this is a full and complete marriage with intense emotional, social, familial, economic, and spiritual ties, the reciprocal bond between USC and ALIEN must be granted great weight while accessing what would happen to USC if ALIEN were not admitted to the United States. All extra hardships are built upon the base of significant, although usual hardship. In other words, it is of note that USC misses his wife painfully, he is anxious about their future and that of his child because it depends upon Mrs. ALIEN's status. However, these are considered herein to be "simply " the backdrop of those other, previously listed hardships that, individually and when combined and interacting are severe. In other words, the enormous strain of being separated from his wife constitutes a powerful hardship on USC. The other hardships on top of this one culminate in him being potentially and actually subjected to extreme and unusual hardship.
These additional hardships include, but are not limited to USC's elderly father's fragile health conditions that would prevent USC from living in Country with his wife and child. Moreover, he would lose his career and, not only his own income, but that of his father, sister, and cousin if he were to leave the United States to be with his wife and child. USC would also be faced with imminent unemployment and without the possibility to provide for his wife and child. These factors combined with his strong emotional bonds with his own family and friends in the United States, as well as his passion for softball, would make it impossible for him to move to Country without great risk to his psychological well-being.
If USC were unable to live with his wife and child, even greater psychological hardship would be expected to arise. He would be unable to receive the support and love inherent in a true marital relationship, and would suffer daily from the lack of contact and familiarity with his own child. This creates an impossible situation, which is currently wearing on his psychological state, desire to live and ability to function. It is tearing him into two very distinct halves, and can only be resolved by the reuniting of these two parts in the United States of America.
In short, if Mrs. Alien is not admitted to the United States of America USC would be placed in the midst of an impossible dilemma. Because the marriage has occurred in its full sense, profound forces (recognized at least implicitly by the United States government) would move him to leave his homeland. Yet, if he moves to Country, it would put him, his father's health and other family members economic well being at risk. Country is also economically depressed, has poor health care (by U.S. standards) and cannot provide him with the employment opportunities necessary for him to fulfill his dreams and maintain his standard of living. Furthermore, he would be unavailable to share with his family, especially in regard to the care of his father, stricken with prostrate cancer. Most of all, by moving to Country, he would set into motion emotional, social, and medical forces that could prove permanently damaging to his psychological and financial well-being. He would be placed squarely between his marital bond, his child and his father and other family members.
This letter is from Flower6. It was adjudicated in London. Processing time was just over 12 weeks.
RE: UKC Case Number: LND0000000000
1. HARDSHIP TO THE U.S. CITIZEN
If UKC is not admitted to the United States, USC really would suffer severe hardship. Her health conditions would undoubtedly deteriate if forced to move to the United Kingdom with her husband. At the same time, she would feel compelled by the powerful commitment to her marriage to do so.
There are several interacting hardships:
a. MEDICAL
USC has significant health issues which can be impacted negatively, even to the point of being life threatening, if she does not have access to regular expert medical care.
I. USC has Coronary Artery disease. Coronary artery disease (CAD) is a chronic disease in which the coronary arteries are hardened and narrowed. Untreated, CAD usually continues to worsen and can eventually lead to a heart attack or even cardiac arrest. At some point surgery may become necessary. In brief, she has to take medication on a daily basis to control her heart's function. She has palpitations that are unpleasant and can even be quite violent. As her doctor, Dr. Dennis Ward D.O. has stated, it is a condition that needs to be monitored on a regular basis and tests given by a Cardiologist periodically [See Appendix A]. On her last visit to her Doctor, he showed grave concern about her condition. Her heart rate was irregular and blood pressure was dangerously high. He raised her daily dose of medication and warned her of a possible heart attack if she does not reduce the amount of stress she presently is experiencing.
II. USC has been under the care of, and has been receiving ongoing treatment from, her present US doctor, Dr. Dennis Ward D.O., for the last 12 years. She has developed a relationship with her doctor who she trusts completely and feels confident in his care. He diagnosed and has treated her for her present heart condition, and all other medical care she has needed for the last 12 years. On a personal level he has been very helpful to her as someone she has confided in with personal and health problems of her children and family as well as her self. This relationship would be a great loss, and irreplaceable to her if she had to move to the UK. If she is forced to move to the UK she would lose contact with this doctor and would need to find a new doctor, re-explain her condition to him/her, and fears that certain details or specifics that her current doctor knows, from 12 years of experience on her case, may not be adequately communicated to the new doctor.
III. Health care in the UK although fair to good, is not adequate to meet USC's needs for care of her heart condition and other medical problems. [See Appendix B] First there is a serious and growing concern in the UK regarding a shortage in the domestic supply of medical doctors. Choice of Doctors is limited to the town you live in and if they are taking new patients. It can take up to a year to get an appointment to register with a doctor, and if the GP feels you need to see a specialist, this involves the GP sending a letter to the specialist requesting they see the patient and then a letter is sent to the patient giving an appointment date. This process can take from 6 months to a year. This process shows no favouritism in degree or severity of illness in the patient. The process serves all equally. In the USA USC would not have these problems. She already has a doctor in place in the USA and if she needs special treatment her doctor could make these arrangements for her in within a few days.
IV. Dental care in the UK is also not exempt to these ongoing problems. At present, dental care appointments and registration requires as much as a 2-year wait. Generally, dental care should be received every six months. Although dental care is not a possible cause of death, lack of dental care can result in a necessity for expensive surgery, severe pain, problems eating, lowered self-esteem and other health problems.
V. Hospitals in the UK are another overwhelming issue. [See Appendix C] The only hospitals you can visit are the hospitals assigned to your area of residence. UK hospitals also suffer a shortage of medical doctors, often leading to poor care and lack of proper medical treatment. At times patients are left in care of medical students, with no supervision from qualified medical doctors and a poor nursing staff. Unfortunately, in some cases, this has been known to result in death. At present there is also an alarming problem with an infection called MRSA (methicillin resistant staphylococcus aureus). Cases have increased by 600% in the past decade and this problem is expected to double again in the next 6 yrs. This infection is caused by overcrowded hospital wards and medical staff not using good medical hygiene from patient to patient. These issues would result in additional risks to USC's health, as there is no evidence that an adequately trained doctor would be readily available to her at any given time, placing USC in grave danger of suffering a heart attack.
VI. All of these problems would be nonexistent in the USA. USC would have choices of the type of care she would receive and the doctors and hospitals that she received it from. In her home town of Cincinnati, Ohio there is a number of good leading cardiology centres available to her as well as good state of art hospitals such as the University Hospital of Cincinnati. With a heart condition as serious as USC's a simple mistake is enough to put her life at risk. It is imperative that she continue with the same high standard of care and knowledgeable doctor that she has had for the last 12 years in the United States, in order to assure that no errors or mistakes are made in regards to her case.
b. CHILDREN
I. USC has 3 grown sons, 26, 24, and 21 years of age. All live in the USA. [See Appendix D] She has an incredibly close and compelling maternal bond with them. She divorced their father when her youngest son was 2 years old due to physical abuse by her ex-husband. She spent the next several years in custody battles with her ex-husband over her sons, until she finally gained sole custody of them and became both mother and father to them.
II. Her sons, although now grown, rely on her for direction and support in their everyday life. She loves her children deeply. When she is in the USA they are with her constantly. They have dinner together, go to the movie theatre, and take walks in the park together. They sit and laugh and talk for hours. They are an incredibly big part of her life and a big source of support and friendship to her. When she is in the UK she emails them everyday and they phone each other once a week. To not be there to help them when they needed her would be terribly stressful for her. Not having them close to her would be not only devastating to her, but also to her sons, and of course their devastation would only compound her own.
III. Her oldest son is married and will soon be starting a family. If USC were living in the UK she wouldn't be nearby in order to be able to form a strong relationship with her grandchildren. This would be an extremely painful hardship to her. Her middle son, who is studying for his masters in music, has relied on his mother immensely for moral support and up to 18 months ago, gave both him and her youngest son, a home and complete financial support. Her youngest son is still very dependent upon her. Being the youngest and the baby of the three relies on her the most and doesn't make a move without first consulting her. He would be lost without her close by. She is very proud of her sons and is always there to cheer them on and it is very important to her to be able to do so.
IV. Living in the UK would cause a great deal of anxiety and guilt and depression to USC. To her sons, she has been their best friend, confident and life support and likewise been there for her. She has been involved in every facet of their lives. They mean the world to her and she would be, without a doubt, likely to suffer emotional decline if she could not be close to them. Thus, if USC were forced to move to the UK to be with her husband, it would mean abandoning her sons, her daughters-in-law (and future daughters in law) and her grandchildren. USC would be lost without their support and would feel extremely guilty and anxious as a result of the separation. Choosing between her spouse and her children would be an unbearable hardship to USC, or any woman.
c. PARENTS
I. USC's parents are elderly and ill. [See Appendix E] Her father is 78 years old and has been diagnosed with inoperable prostate cancer. He is undergoing radiation and hormone treatments at present to slow down the growth of the cancer and possibly put him in remission. He also suffers from anaemia caused by his cancer and treatments that result in dizzy spells and have impaired and limited his abilities to do daily tasks such as driving and household chores. USC has a strong and loving father and daughter relationship with him. He has helped her immensely in her life, from financial support (helping putting her through school, giving her and her children a place to live after her divorce, setting her up in business, and helping purchase and maintaining transportation) to moral support. Being the only girl USC has always been daddy's little girl. She has always looked up to her father for advice and opinions on life's choices. When they are together they are always full of laughter and deep conversation.
II. Her mother is 77 years old. She suffers from diabetes and takes insulin shots twice a day, and also suffers from heart disease and high blood pressure. She also suffers from arthritis in her knees and hands and finds it very difficult and painful to do most tasks. USC's mother is on 6 different medications a day in addition to insulin in order to control these medical problems. USC loves her mother very much. Her mother has been a big source of moral and family values in her life. USC has seen her mother not only as a mother, but as a teacher as well. Her mother has been very important to her in her life. In fact, USC's family nicknamed her, "mom's little shadow", because she was never far from her as a little girl.
III. USC is their only daughter and has a very close relationship with her parents. They rely on her for mental and physical support. Since their health has deteriorated, she has given up her home and has moved in with them to see to their needs and care. Her fathers driving abilities have become limited and her mother does not drive, so USC takes them shopping and to doctor appointments. She also takes care of household chores and helps to organize their finances. They both survive on social security, so any kind of paid outside care is not an option. Also, with her brother's situation and distance from her parents, makes it impossible for him to assist in her parents care (Refer to section d. FAMILY). If USC were in the UK and thereby unable to see to their care, it would be an extreme hardship to her parents. Thus, USC would be left in a state of guilt and depression if she could not fulfil her responsibilities and commitment to her parents.
IV. Given USC's parent's age, 78 and 77yrs, and special attention to her father's illness, it is safe to say that either parent could die soon. Being away from them during the last years of their lives would be a terrible loss to USC. Additionally, if USC were to live far away from them, it could cause more stress to them and could lead to an earlier then necessary demise, which would cause unbelievable and irreversible devastation to USC, not to mention feelings of guilt of being the cause of her parents' death.
d. FAMILY
I. USC is the youngest of 3 siblings. She has 2 much older brothers aged 52 and 57. She has an incredibly close bond with them. Her oldest brother, a Vietnam vet, is married and has 4 grown children. He works a third shift job and works a lot of overtime to make ends meet. They have a very special brother and sister bond and have been a huge source of moral support to each other over the years through personal crises in their lives. He was very special to her when she was a little girl and she always enjoyed spending time with her big brother. When she was 6 years old she was devastated when he entered the US Army in 1967 and was sent to Vietnam. She wouldn't get to see him again until 1974 when he returned home from the war. Since then they have had a very warm and loving relationship. Being 14 yrs older he is almost like a second father to her.
II. USC's younger brother suffered a back injury a few years ago and had to have back surgery and has left him permanently restricted in what he is able to do physically. She has a close relationship with him and he has been a supportive influence in her life financially and has given her direction and guidance in decisions in her life choices. When her older brother went to Vietnam she clung to her younger brother for fear of him going away. She was never far from him. At present his youngest son is serving in the U.S.M.C. and was in one of the first wave of troops to enter Iraq in March of 2004. Her brother's son sustained minor injury by sniper fire and was stationed back in USA. However, he has recently received orders dictating that he will be returning to Iraq shortly. USC's brother is very worried about his son. At this time he wants to gather his family closer around him and USC is afraid that if she is forced to move to the UK she will cause him more stress and worry, especially since he knows how difficult that move would be for USC, both mentally and physically.
III. USC is very close to her brothers, sister-in-laws, and nieces and nephews. It would be a grave hardship and very stressful to her if she could not be there to offer comfort and support to her family, especially to her brothers. They are very important to each other and would be loss without each other around.
IV. USC has no family in the UNITED KINGDOM.
E. FINANCIAL & EMPLOYMENT
I. USC was the primary financial support in the marriage until Dec. 2004, at which point she was no longer employed due to the fact it became impossible to continue holding a job and simultaneously retain her commitment to her marriage (while her spouse was living thousands of miles away in the UK.) Thus, for the last 2 years of their marriage she has been flying back and forth between the USA and the UK. Being torn between her responsibilities and commitment to her husband, her family, her country, and her way of life, USC has depleted her savings on plane fare in an attempt to manage her disrupted life in the best way possible. This has become a mentally exhausting hardship for her. She cannot maintain this rhythm, but she feels that she cannot choose her country and family over her husband and vice versa and her husband feels she will collapse mentally if she is not allow to reunite her two worlds. Due to the fact her husband cannot gain entry into the USA until his K-3 is approved, USC's only responsibility in the UK is to her husband, all other responsibilities lie in the USA. Therefore living in the UK would be impossible.
II. USC's husband has not been able to gain employment in the UK for the pass 3 years although he has over 20 years of experience as a qualified computer technician. He has been receiving job seekers allowance, a form of unemployment, for the past 3 years. Employment in the UK for a person over the age of 40 has become an increasing problem. [See Appendix F] Employers feel someone over the age of 40 is more likely to suffer health problem and miss work. In the UK, employers also believe that a person over 40 cannot easily do the same amount of work as a person aged 16 to 30 could do. At job interviews his age always becomes an issue. Subsequently, many people in the UK are forced to rely on job seekers allowance until they reach the age of retirement and seek government pensions. Because of US laws on age discrimination UKC could become gainfully employed in the United States. Thus, UKC and USC's financial situation would improve drastically if he were allowed to enter and live in the USA. It would also reduce the amount of time that USC would need to spend flying between the United States and the United Kingdom, and thereby leave USC with the opportunity to obtain part-time employment while dedicating more time to the care of her parents (Refer to c. PARENTS).
III. The dire financial situation in which UKC and USC find themselves, further contributes to hardship if UKC is not admitted to the United States, because of USC's inability to live in the United Kingdom. In order to acquire leave to remain in the UK, the parties must be able to maintain themselves and any dependents adequately without recourse to public funds. UK spouse is solely responsible for sponsorship of USC spouse and no co-sponsorship is permitted or offered. Due to the fact UKC has been unemployed in the UK for the past 3 yrs. and unable to gain employment and has been receiving g., h., and j. from the public funds list as publish by the UK Immigration Department [See Appendix G] and therefore he would not qualify to sponsor USC for permanent residence in the UK. UKC's financial situation would make it impossible for USC to become a permanent resident in the UK, even if the other hardships did not exist. Thus, if her husband is not admitted to the United States USC would be unable to live with him on a permanent basis.
It is well documented that "family unity" is an important value unpinning the raison d'etre of the United States of America and that actions to "assure family unity' is part of the intent of U.S. immigration law [for example see Title 8, Chapter 12, Subchapter II, Part II, section I, pp. 64 and 65]. Being unable to live together as man and wife would thus not only be contrary to the nature of a good marriage but would also be contrary to the United States government's stance on family unity. Therefore, in essence, being unable to live together should, in accordance with US policy, be recognized as an extreme and unusual hardship.
F. PSYCHOLOGICAL
I. If USC had to live in the UK it would be a very difficult choice for her. She would feel that she had to choose between her family, her spouse and her country. She has stressed her mental ability during the K-3 process and the I-601 process to the point of affecting her health (Refer to section a. MEDICAL). USC, along with her family is very patriotic and very attached to the USA. Leaving a country and culture that she adores would be a dramatic and stressful adjustment for her. Being 4000 miles away from her elderly and ill parents would weigh on her mind constantly and not being able to be there to support her sons and family and not having the warmth and love of her family around her could cause her to fall into a deep depression or into some type of anxiety and could endanger her mental and physical health. It also would be devastating to USC if UKC were not to be allowed to return to the USA.
II. THE HOLMES-RAHE SOCIAL READJUSTMENT RATING SCALE
In 1967 Thomas H. Holmes, M.D. and Richard H. Rahe, M.D. published in the prestigious Journal of Psychosomatic Research, "The Social Readjustment Rating Scale". This scale is now famous. Its efficacy is well established. For instance, in December 2000 in Educational and Psychological Measurement Judith A. Scully, Henry Tosi and Kevin Banning re-evaluated the use of this instrument. The abstract of their article states:
"The authors conclude that, in sum, life change events remain useful predictors of stress related-symptom scores and that the SRRS is a robust instrument for identifying the potential for the occurrence of stress-related outcomes and is, therefore, a useful tool..."
The scale uses the weighting of Life Changes Units (LCU's) as a means of being able to predict vulnerability to medical illness. For instance, a marital separation would accrue 65 LCU's and an outstanding personal achievement would accrue 28 LCU's. In other words, significant life changes, positive and negative, which occur with frequency and intensity, are significant variables in the development of medical illness. It is not possible to predict exactly which illness might occur. However, degree of vulnerability can be predicted. (Pre-existing conditions are presumed to be highly vulnerable to exacerbation).
The following are the predictive ranges of the Holmes-Rahe Social Readjustment Rating Scale:
LCU<150: 35% Chance of illness or injury in two year period
LCU 150-130: 51% Chance of illness or injury in two year period
LCU>300: 80% Chance of illness or injury in two year period
This Scale was applied to USC (on the assumed basis that she was forced to move to United Kingdom). USC's score on this instrument was "697". On the other hand, if UKC were admitted to the USA her score would drop dramatically to 232.
If she is forced to move to UNITED KINGDOM, she is clearly within the highest-risk range of developing medical illness or injury in the two years following her move.
The Holmes-Rahe SRRS also demonstrates a very important fact widely recognized in the health sciences. Stress and other risk factors not only exist as independent influences, they interact dynamically. In other words, the whole is greater than the sum of its parts.USC is being subjected to, or may be subjected to, factors whose interactions contribute exponentially to her experience of hardship. The factors herein delineated are more than additive. Each interacts with the other in a dynamic manner that potentates and heightens their mutual impact upon USC. Therefore, the totality of hardship factors exceeds measurement.
III. The psychological hardship and stress that USC would experience could affect her physical health, and has already begun to do so. When considered in concert with the lower levels of accessible care and knowledge of her specific situation that she would encounter in the UK, it becomes evident that these hardships are interactive. Each hardship that is being experienced by USC or would be experienced by USC if forced to move to the UK is difficult in nature, yet the interactive nature of the hardships is cumulative, resulting in even more dire circumstances that are both extreme and unusual.
G. FAMILY UNITY
I. USC would experience extreme hardship due to the fact that if forced to live in the UK she would almost never be united with her entire family. Meaning that she would not be with her husband and her family at the same time. The ability for her husband to interact with her family in family settings is imperative to all involved and would be unattainable if forced to live in the UK. This would not only be an extreme hardship on USC but on her family and husband since they would lose the ability to grow together as a unit. Due to the fact that USC's parents are elderly and ill it is very important to her that she gets to spend as much time as she can in family settings before their demise. With UKC not there this would be an incomplete family unit and would create feelings of anxiety and depression to USC and her family. USC's sons would not be able to experience the unity of having a mother and father figure in a family setting for family support on a whole would by any means enrich their lives for all parties concerned.
H. COMMUNITY TIES
I. USC has been a member of Newtown Baptist Church in her hometown since she was 7 years old. [See Appendix H] Her family are also members of this church. She has taught Sunday school and vacation bible school there. She has been a member of the music dept. and also sings in the choir. She is very active in the church and has a very strong belief in her religious faith. USC and her family have very close and long standing friendships with members of the congregation that she has relies on for moral support. This would be an incredible loss to her if she were to have to leave the church to live in the UK.
I. CITIZENSHIP
I. USC is a very proud Patriotic American; she has supported her country and will always support it. She was born a citizen of the United States and is proud to be a part of its great nation. She fully supported the United States with all that she is and all that she will be. To imagine having to leave would potentially destroy the pride and faith that she has in the United States and would only exponentiate the pain and suffering of the other hardships.
J. GOOD CHARACTER AND ADMISSIBILITY
For the sake of understanding this current situation, the life of UKC can be understood in three phases.
a. Prior to his offence
UKC was raised with his 2 sisters by his now deceased mother and stepfather in Yorkshire, England. When he was 7 years old he was found to be gifted with a high IQ and his schoolmaster felt he would be best placed in a private school where his education could be optimized to its full potential. He was sent to Barrowood Private school for boys where he was educated alongside the Concord Jet Designer's 2 sons and the BT (British Telecom) engineer's son. At 15 years of age, after finishing school, he returned home to live with his parents. His parents, being of modest means, were unable to send UKC to college so he got a job in order to help his family.
b. Criminal offence
After living in a private school for 8 years where UKC was kept under strict rules and a daily schedule and school trips and visits outside the school were made with teacher chaperones, UKC was quit naive in his social life. In the next several years, UKC made some bad choices in his life concerning his choice of friends, who were bad influences in his life and lead him to make inappropriate decisions that lead to his misdemeanour criminal offences. The event's that accrued and appears on his UK police report took place at a young age and 21 years have passed since that time. UKC doesn't make excuses for his wrongdoings and he is sorry for them and that they ever even accrued. But he is grateful that he never brought harm to anyone except to his self and that he has learned from his mistakes.
c. From the time of his offence
In the 21 years since that time UKC has been an upstanding citizen of the UK with good family morals and values and has never been in trouble. At 47 years of age UKC intends to keep it that way. In the last 21 years UKC has gained further education, owned and operated his own business, and raised and provided for his 3 wonderful children. He has been a good father to his children and a good son to his late mother and stepfather, and to his father and stepmother. He has been a good and trusting friend to his neighbours and his community. He has been a good source of support to USC and an idea role model to her children. He is goal-directed, focused, and thoroughly ethical and law-abiding. He presents no danger whatsoever to the interests of the United States of America.
He will be an asset to the United States with his education and skills, and a productive member of the community in which his wife lives. He is fully reformed and has consistently shown this over 21 years. In closing, we hope that in your quest to make an equitable and fair decision on Neil's application for a waiver of excludability, you find that the extreme hardship for USC and her family combined with the good character of UKC over the past 21 years warrant favourable consideration.
SUMMARY
This couple has full plans to spend their lives together. This includes, if allowed, residency in the United States, a shared religion, supportive relationships between the two families, mutual support and other life goals, etc.
It is well documented that "family unity" is an important value unpinning the raison d'etre of the United States of America and that actions to "assure family unity' is part of the intent of U.S. immigration law [for example see Title 8, Chapter 12, Subchapter II, Part II, section I, pp. 64 and 65]. Although, it is a function of law to provide legal definition and recognition to this marriage between UKC and USC, it is clearly the intent of law to support the complex nature of marriage. In other words, in this and other genuine marriages there are multiple social psychological, familial, economic, cultural, spiritual, etc bonds that are presumed by the law to exist conjointly with the legal presence of marriage. Support for these complex interacting marital bonds is a fundamental value of the larger society and a function of the law.
Because this is a full and complete marriage with intense emotional, social, familial, economic, and spiritual ties, USC reciprocal bond with UKC must be granted great weight while accessing what would happen to USC if Neil were not admitted to the United States. All extra hardships are built upon the base of significant, although usual hardship. In other words, it is of note that USC misses her husband painfully, is uncertain and frightened about her future because it depends upon the status of her husband, etc. However, these are considered herein to be "simply "the backdrop from those other, previously listed hardships that, individually and when combined and interacting are severe. In other words, the enormous strain of being separated from her husband constitutes a powerful hardship on USC. The other hardships on top of this one culminate in her being potentially and actually subjected to extreme and unusual hardship.
In short, if UKC is not admitted to the United States of America USC will be placed in the midst of an impossible dilemma. Because the marriage has occurred in its full sense, profound forces (recognized at least implicitly by the United States government) will move her to leave her homeland. Yet, if she goes to the UK, she will place herself in an impossible situation due to the fact that the UK has inadequate health care (by U.S. standards) and cannot provide USC with speedy and readily available health care. Her family ties would be severed and she would be unavailable to her sons and family, especially in regard to her elderly and ill mother and father, who is suffering with cancer. If she were forced to live in the UK, a long established, scientifically based, approach (the Holmes-Rahe Scale) overwhelmingly indicates that she would suffer at least an 80% risk of significant illness of injury within a two-year frame of moving to the UK.
CONCLUSION
UKC is a decent, honest, hardworking individual who has shown 21 years of good behaviour. In raising his children he has shown them good moral and family values and provided them with a stable home and a good basis of right and wrong and has used his earlier life mistakes for examples to show them good, bad and responsible life choices. To his parents he has been a loving and caring son over the years. He has been supportive to them in many ways from home and car repairs to taking them shopping and to the Doctor. To his friends and neighbours he has gone out of his way to be helpful, kind and considerate. They have trusted him with their cars and keys to their homes when they have been away on Holiday. In America he was well liked by all. To USC's parents he was respectful, kind and thoughtful, and to her children he was a good role model and a wonderful source of moral support to them. UKC's criminal offence was 21 years ago and since such time he has shown he is deeply repentant and has shown that he is an honest and upstanding citizen of the UK. [See Appendix I and J]
USC will have unusual extreme hardship going on with her life if I, UKC am denied entry into the United States. We respectfully request the waiver be approved.
This is Lancaster's letter. He is from Lagos, Nigeria, the waiver was adjudicated in Accra, Ghana. It was supported by a several strong character recommendation letters and he had an I-212 approved prior to submitting the I-601.
My husband, father of my 2 children is our sole provider. He is a loving, kind, and generous man, and we already missed that. He has already missed two of the kids birthdays. My little kids are growing up without their daddy. This really hurts. Taking care of my children and myself, with all the daily, and school activities, without my husbands presence is a very extreme hardship. The emotional and psychological damage done to the kids and me is already incalculable. We are depressed. It is affecting their schooling and their grades are suffering. With my husbands prolonged absence from home, we will be crushed, totally destitute. The good quality of life that we enjoy with him will go down the drain,and we are suffering now. This is why I appeal to you to grant the I-601 approval in order to keep the family together. Thank you very much and God Bless
While Alien was here he developed a very close bond to my two children. We became a family, and it devastated all of us when he had to return to Denmark.
Children Involved
My two children would suffer an extreme and severe hardship if Alien is denied this waiver. I have joint custody of my children with my ex-husband. Our divorce papers clearly state I must not remove the children from the state of Illinois without the approval of both my ex-husband and the court that has jurisdiction over my children. My ex-husband will not agree to me moving my children overseas, and he will fight me for custody of them if I try. The courts do not look favorably on parents moving the children miles away from home and family, and it would be a long drawn out battle, both emotionally and financially. This severe hardship would put an enormous strain on my two United States citizen children, not to mention on all other parties involved. (Exhibit A: custody papers. Exhibit B: letter from USC's Ex husband.)
My financial status although stable at the moment, has been impacted severely by this hardship. I currently am trying to gain my degree in elementary education so that I can teach. If I am forced to move it would be impossible for me to support myself and my children because of my lack of education, employability in Denmark, and currency exchange differences from Denmark to the United States. I have a loan for my car in that I had recently financed due to the problems with my truck that I had. I would be unable to make the payments on my car if I moved to Denmark. This would also have adverse affects on my credit history, and my reputation as an accountable, responsible citizen. (Exhibit C: car loan papers.)
Family
I am very close with my family of three sisters, two brothers, two step brothers and one step sister, their spouses and children, and my parents. Separating me from my family would increase my emotional duress. I have a very close relationship with my family and have daily contact with my sisters and brothers. My father and step mother live just a mile away and my children and I see them on a daily basis. My mother lives 30 miles away and frequently comes over to go shopping, have lunch, and just be together. My mother also takes my children for weekend visits to spend quality time with them. If I was forced to move the impact here would not only affect me, but my children and my family as a whole. With the exception of one of my brothers and one of my sisters, we all live within a 10 mile radius of each other. The denial of this waiver would also cause a severe and extreme hardship on my family. (Exhibit C: letter from USC's Mother. Exhibit D: letter from USC's Sister.)
LACK OF STUDIES/CAREER DEVELOPMENT OPPORTUNITIES;
I have an established career with USC's employer since March of 2003, and derive a base income of approximately $***xx per year, with unlimited room for advancement within the company. In addition to my base salary I have the option and opportunity to run extra programs (i.e. teaching classes, holding workshops and doing birthday parties). I am also certified to be a teacher's aid in the state of Illinois. This was achieved by many credit hours of school, specializing in education. This certificate will not transfer if I have to leave the state of Illinois. With my age, lack of education and limited skills it would be impossible for me to maintain the same level of employment standard, or even a level that would allow us to live in a safe and healthy environment, that I have attained at home in the United States. (Exhibit E: letter from USC's employer. Exhibit F: Certification for teacher's assistant.)
My children have attended the Belleville, Illinois (Belleville District 118) school system since school age and have done very well. My eldest son, USC's son, has just joined the school band and is involved with his school for many extra curricular activities. My son, USC's son, started kindergarten this year with the same children he has been attending pre-school with for 2 years. USC's son currently sees a speech pathologist at school and has been attending speech for 2 years now. To leave his speech therapy and learn a new language would cause an extreme hardship on his communication skills. In addition, USC's son had received the services of a speech pathologist and an occupational therapist to get him up to his grade level in both speech and motor skills. USC's son was finally discharged from those services last year, and moving to a new country and a new language would set him back immeasurably. USC's son has received a citizenship award from his school every quarter for the last two years. He was also student of the month several times over the past three years. They both have many friends and are active members in their schools. It would be an extreme hardship for them to maintain their grades and educational level if they were to leave their school system. It is important for my children to complete their schooling in their own country, and allow them to develop into adults that would contribute to the economic and social state of their country. (Exhibit I: letter from USC's son's speech pathologist. Exhibit J: copy of citizenship award for USC's son. Exhibit K: Student of the month and Spanish club certificate for USC's son. Exhibit L: USC's son report card 2003- 2004. Exhibit M: USC's son report card 2003 – 2004. Exhibit N: USC's son IEP for speech therapy. Exhibit O: USC's son IEP for speech and occupational therapy dismissal. )
Citizenship
I am a very proud American; I support my country and will always support it. I was born a citizen of the United States and am proud to be a part of this great nation. I fully support the United States with all that I am and all that I will be and to imagine having to leave here would destroy the pride I have in the United States. To even consider be forced to depart from here would only exponentiate the pain and suffering. Also the status of my children's citizenship would be greatly affected and have serious repercussions.
Community Ties
I am a room mother for USC's son's teacher class at Douglas Elementary school and I volunteer at USC's son's school. I previously served as a member of USC's previous employer, which services the community. I frequently volunteer my time at local food shelters, and I am an active participant in community events. I coach my son USC's son's soccer team, and I am actively involved in USC's son soccer as well. I currently serve as a team parent representative for USC's son's team. Removing these ties would also impact the community, my children, and myself. (Exhibit P: copy of my coach's ID for Belle Clair soccer. Exhibit Q: letter from PTA introducing me as the head room parent of USC's son's teacher's class. Exhibit R: Head room parent responsibilities. Exhibit S: USC's former employer certificate for USC.)
I have developed a close relationship with many families in my area. One of them is the USC's friend family. USC's friend is currently deployed, in training to go to Iraq for the United States Air Force. His wife, USC's friend, is at home with four children between the ages of 2 months and 10 years old. USC's friend works at local restaurant in Belleville, Illinois. Her hours are very demanding and vary frequently, and I help to provide transportation of three of her children to school each morning. On some Saturdays, I watch her four children for her, free of charge, while she works. USC's friend depends on having me in her life so that she can have help with her children. I have spent countless hours at her home, helping her with everyday life, as it is quite difficult with four children. USC's friend and I are close friends and we support each other while we both deal with the separation from our loved ones. The denial of this waiver for Alien to return to the United States would put an extreme hardship on the USC friends family as well. (Exhibit T: letter from USC's friend.)
Additional Comments:
Alien and I have been looking forward to the day he comes back here since January 28, 2004, the day he left from my house to return to Denmark. My children have a big calendar on which they mark the days off with a big star on the day we had chosen to have our wedding, October 23, 2004. Ever since our approval from USCIS and the embassy receiving the case we have planned our wedding. We have committed time and money to this effort. His family has planned to travel here from Greenland and Denmark to witness what will be the best day in our lives: our wedding. Alien and I very much to have a baby together and we are eager to be a family again. My children ask me everyday when Alien is coming home to them. Alien is very eager to return home to me and marry me. He is eager to gain employment and support our family. We have already explored employment options and have several leads. You will find that upon his entry to the United States he will be a productive and loyal addition to this country. (Exhibit U: wedding invitation we had printed up for our upcoming wedding.)
This waiver is from Xicana. The waiver was processed in Ciudad Juarez, Mexico.
To all who have been waiting, I apologize this has taken so long, and I hope from the bottom of my heart it can help....but please keep it mind it was done at the very last minute and I was emotionally drained and desperate at this point. This letter is the ****hest thing from the many good, strong I-601 waivers as I've seen posted......which is why I panicked once I came back and realized what kind of letter I'd submitted! But it did get approved through Juarez two months from the day it was submitted......so here it is....
To whom it may concern;
Jose is not only my husband, but my best friend. Perhaps this sounds cliche, and I undersand that you probably hear it often, but in my case it happens to be true. We met when I was sixteen and he was eighteen, and have been together ever since. In our case love at first sight held meaning, and it still does.
My husband's parents brought him to the US illegally when he was a child so his family could seek medical attention for a childhood illness my husband had due to the poor health care in the small farming community he is from. Thankfully, he recieved the medical attention he needed and is fine, and afterwards, my husband stayed in the US.
Since coming to the US, my husband has worked consistently, paid his taxes, and although he resides here illegally, he has otherwise obeyed and respected the laws of our country. He has also gone the extra mile to assimilate into American culture. By his own choice he furthered his education by attending high school, and while financial difficultues forced him to eventually drop out and work full time, he refused to let it daunt him and later went back and earned his G.E.D. Although school certainly helped, my husband still took it upon himself to continue to learn to read and write English, and to this day attends evening classes to help improve on the foundation he has already laid down.
After I graduated from college, Jose and I married, and three months after we married, my husband and I purchased out first home at *** amount. Currently our mortgage is ***x amount. Besides this we have a car payment at *** amount, credit card bills that total *** amount, utilities thar range in *** amount, and my student loans to pay back, which combined are around *** amount.
With both of us working, we are just making it, with my husband making *** amount and myself earning ***x amount. On Oct. 14, 2003, we had our first son, Anthony, and due to a complicated delivery that resulted in a C-section, our medical bills combined with our regular bills became unbearable. I had taken only six weeks off to be with my newborn on, and this set us back further than I could hope to try to pay back. We ended up consolidating our bills, and now make *** amount payments per month along with our regular bills. It's a tight squeeze in addition to babysitting bills, formula, diapers, clothes, shoes, and all the other needs that babies seem to need and go through so quickly.
The simple truth of the matter is that there is no possible way I can make it on my own. It cannot be done. I will have lost not only my husband, but everything we have worked so hard for, including our house--a place where my son has a yard to play in and a safe neighborhood to grow up in. If we do not lose our house in the time my husband is gone, I can only say that miracles truly do exist, because already I am two steps ahead wondering what my son and I will do. I can supply all the documents you need to prove this, and I can only hope and pray you take my letter and consider it to the fullest, because there is no possible way I can make it without my husband.
We have already sacrificed any and all emergency money we had just to make it to our immigration appointment in Juarez, including my missing a week of work, and while there is no doubt in our minds that it is worth it if my husband can reside in the US legally, it has cost me any financial help I may have had in this long, hard road I have ahead of me.
Again, I know you hear from thousands of people on a daily basis, but I respectfully ask that you consider our case. My husband is a wonderful hands on father that I know will suffer more than I emotionally because he is the one who will miss his son's first steps, his first birthday, and his first words. My heart aches when I think about this, but we both knew there was a price to pay going into this immigration process, and we both pray that you will consider how much we have paid and deem it enough. This man has worked so hard to get to where he is today--he is not lazy and loves my son and I more than words can describe. There could not be a better father or husband. I know if allowed to come back to the US legally, he will not only continue to take care of our family, but be a positive contributor to our contry as well.
Please consider our case and grant us this pardon. Without my husband, I lose not only a huge financial part of our household, but a piece of my heart as well. My son and I need him.
This letter was written by Lillyfire25. It was approved in Bangkok, Thailand.
1. My husband recently went for his interview for a K-3 visa and was told that because he had spent about 2 years in the U.S. after his visitor visa expired, he was inadmissable and needed a waiver.
2. My husband and I have been apart now for over a year and a half waiting for his visa to be approved. We have been told that it can take up to another year. This has been devastating news for me.
3. ***XX and I met in June of 2000 in ***XX. We quickly fell in love and I became pregnantthat August. I had our son, ***, in May 2001. ***XX remained in the U.S. beyond the expiration date of the I-94 card because he wanted to be with me through the pregnancy. We annted to start our family, and we were married in September 2001.
4. ***XX wanted to return to NZ, so we never filed his AOS. We went to NZ in August 2002 and then moved to Australia in Sept. 2002. While there, ***XX (son) and I were unable to get any sort of medical coverage. We could not afford to keep paying for doctors visits ourselves without any sort of insurance. We applied for a visa under the NZ Citizen Family Relationship section, but the wait was extremely long, and it still did not make us elgible for medical coverage.
5. When I became pregnant with our daughter in Dec. 2002, I knew I needed to come home. Not only could we not afford the medical bills of my pregnancy, I also wanted the support of my family and to be cared for by my doctors. I left Australia in June 2003. We assumed ***XX would be able to get his visa in a few months time and then join us; but we quickly learned how long the process was going to take. It was never brought to our attention that his K-3 would be denied based on his overstay. If we had, we would have filed for the waiver at the same time.
6. ***XX and I now have 2 small children together: ***XX is 3 and ***XX is one year old. It has been extremely difficult for me to provide for the children. I currently work 2 jobs and go to school.
7. Not only are we struggling financially, but our son ***XX has been recently diagnosed with Global Developmental Delays, as well as Ehler Danlos Syndrome. His speech therapist and special education teacher are concerned that he may be autistic, and now I have to take him to ****** for yet another evaluation. His special education teacher is also recommending that a Sensory Integration Specialist evaluate him as well. He requires speech and language therapy, as well as phisiotherapy for the Ehler Danlos. (see enclosed letter from ***XX CPNP) Medicaid covers the majority of the costs of ****** treatment here, and we can't afford to lose that coverage if we were to go to Australia to be with ******X, where we have already learned that we are not elgible for state-sponsored insurance.
8. It is very difficult to express the enormous amount of stress this causes me. I have been optomistic for a very long time, but how long can you keep a happy face when you haven't seen your husband in a year and a half? My daughter does not even know her father. My son only sees pictures of his daddy.
9. I can't begin to explain how difficult it is for me to do all of this alone. My Mother is my nearest family member and she lives in ****** which is over 2 hours away. The rest of my family lives on the west coast in ******X. ***XX condition not only worries me and causes me financial stress, but it also means that he requires so much more attention than I have time to give him, which breaks my heart. I am completely overwhelmed with the thought of not having my husbands support for another year. I have had to hire countless babysitters to care for my children, and besides their costs, the quality of their care has concerned me and caused me incredible stress. The children are so young, and need so much mre attention then they are getting now.
10. I am struggling both financially and emotionally without my husband. I work 2 jobs and attend school. Although I am trying my best, it is extremely difficult to raise my children alone, to see them growing up and not know who their father is, to work all night and to be too tired to spend time with them, to go to bed each night without my husband at my side, and to live without knowing when this will all get better, when we will be a family again. It is hard to hear the sadness in my husbands voice when I tell him that ***XX had an adverse reaction to the sedation for his MRI, and just as hard to tell him that his daughter is almost walking now. I am trying to be the strong one in reassuring him that he can hold us all very soon and to not give up hope that we will be together again. But to be quite honest. I feel as though I am about to have a nervous breakdown. It is an enormous job to raise an infant, a child with a disability, work 2 jobs and go to school without any support or help.
11. I can't begin to tell you how much I miss my husband and the family we are just beginning. The children and I just want ****** here with us. I love and miss him tremendously. If there is any other information you need, please do not hesitate to contact me.
This letter is from Kevins_Bunny04. It was approved in the UK.
Re: UKC Case Number: ************x
HARDSHIP TO THE U.S. CITIZEN If UKC is not admitted to the United States, USC would suffer severe emotional hardship which would have an adverse impact on the health of the USC as well as other interacting hardships as follows:
MEDICAL USC suffers from hypertension. This has been aggravated by the denial of visa for the UKC and has caused additional headaches and stress. If this situation continues the consequence will result in a significant deterioration of health for the USC which would be life threatening. Blood pressure is known to vary with emotional and psychological states. The stress hormone cortisol, which is made and released by the adrenal glands, rises in states of sudden or long-term stress and causes a rise in blood pressure. The World Health Organization defines hypertension as a systolic blood pressure over 160, a diastolic pressure over 90, or both. The USC current has a systolic pressure of around 159 and a diastolic pressure of around 117. The USC takes daily medication of Lotrel 5/20. This dosage has doubled since October'04. Additionally the USC has been prescribed Florinal Tablets and Hydrochlorot 25mg Tablets. This medication was prescribed in October'04 at the same time as the UKC's "packet four" was received.
CHILDREN USC has 3 sons, 18, 13 and 7 years of age all living in the USA. She is divorced from their fathers since June 2004. The relationship between mother and sons is very close providing support and guidance and a loving home for them. The two younger sons have a very close relationship with their father.
All of the boys have a very good and close relationship with the UKC, which currently can only consist of Yahoo instant messaging and web-cam conversations on a daily basis.
Living in the UK would not be a feasible option for the USC and her children. This would not only deprive a father of access to his children, but also three sets of grandparent's access to their grandchildren and access to their only grandchildren for one set of grandparents. The children are also settled in their home and local schools and through Park Commission are involved in various sports throughout the year. The disruption to the family unit if there were to all move to the UK would cause an unacceptable burden on the whole family and a dangerous increase in stress to the USC.
PARENTS USC is their only daughter and the youngest member of a very close family. The parents currently enjoy regular contact with their grandchildren and play an important role in their life. If the USC and her children were to move to the UK to be with the UKC, contact with the USC's parents would be very limited as visits by them to the UK and vice versa would be rare or non-existent due to the financial costs involved with such travel.
FAMILY USC is the younger of 2 siblings. She has an older brother aged 42. He is very close to the USC and has taken on a father figure role for her children, especially her eldest son.
CITIZENSHIP USC is a proud patriotic American citizen of the United States, as are her children. To imagine having to leave would potentially destroy the pride and faith that she has in the United States and would only expoentiate in the pain and suffering of the other hardships.
SUMMARY The USC has full plans to marry and spend the rest of her life with her soulmate, the UKC. This includes, if allowed, residency in the United States, supportive relationships between the two families, mutual support and other life goals, etc.
In short, if UKC is not admitted to the United States of America, USC will be placed in the midst of an impossible dilemma. If she goes to the UK, she will place herself in an impossible situation due to the fact that the UK has inadequate health care (by U.S. standards) and cannot provide USC with speedy and readily available health care. Her family ties would be severed and she would not be with her sons and family.
CONCLUSION USC respectfully requests that consideration be given to the extreme hardships noted above and grants approval for the waiver. This will then allow both the USC and the UKC to become a fully functional family unit.
UKC's criminal offence was 5 years ago and since such time he has shown he is deeply repentant and has shown that he is an honest and upstanding citizen of the UK.
USC will have unusual extreme hardship going on with her life if I, UKC am denied entry into the United States. We respectfully request the waiver be approved.
Affidavit from USC I, Mrs.USC, hereafter referred to as USC, declare under penalty of perjury, under the laws of the United States, that the following is true and correct. I met my husband, a Canadian born citizen, on the internet in March 1998. After our initial face to face meeting on March 26, 1998 in Toronto I began making regular visits to Canada. We got engaged on Easter 1999, and married August 21, 1999, in Mississauga, Ontario Canada.
In the beginning we had discussed waiting to decide where we wanted to live. I stayed in Canada as a visitor for the first year of marriage. During this time, my mother was legally disabled as per Social Security (EXHIBIT A), and I began to spend more and more time in the USA assisting in her care. In November 2001, my alien husband and I flew to the USA, point of entry Pearson Airport Toronto, so he could assess if he would be happy possibly living there. During the next year, my alien husband and I decided to make another trip to the USA together so we could look at possible jobs for him in my hometown of Athens, Georgia. On December 24, 2002, while attempting to enter the USA at Pearson airport my husband was denied entry due to a prior arrest. As he had successfully crossed the border before, we never dreamed that this would be as issue, since the conviction was not a violent offense, and was many years old. {EXHIBIT B} The officer at the POE informed us that he was inadmissible and he would need to file a waiver for entry. I flew to the USA alone, and we spent Christmas apart.
We decided that due to my mother's disability we would look into what needed to be done for alien to immigrate to the USA. USC has been spending her time divided between her alien husband and her family duties in Athens Georgia. This situation has become untenable, and is taking its toll emotionally and financially.USC has not worked since March 1998, and alien husband is only source of financial support. USA finds it impossible to hold a job, and assist in mothers and grandmothers care.
In 2004 USCs maternal widowed grandmother, age 75, was hospitalized, and fitted with a pacemaker, as well as having several other varied health problems that require assistance in her daily living activities. {EXHIBIT C} Because of USCs mother having a severe mental disability, and USC being the only child and grandchild it is imperative that USC be able to spend ALL her time in the United States assisting in a care giving role to both her mother and grandmother. USCs mother's doctor has written that presence of USC would be beneficial for her condition. USCs mother has also requested the full time presence of USC daughter to assist in a care giving role. It is possible that is waiver was not approved that USCs mother could see her illness get worse, thereby causing extreme stress to USC, were she not able to be with her mother.(EXHIBIT D)
USCs stepfather works full time, and has limited time off to assist in the care of USCs mother and grandmother.
If USCs alien husband is not allowed in the USA and USC has to move to Canada full time there will be no one to assist in the care of mother and grandmother. USC has no other family outside of mother, stepfather and grandmother.
Alien spouse admits to his previous criminal conviction (EXHIBIT E) and feels that he has proven his rehabilitation. The conviction he has was the result of a time in alien's life when he had no direction and began hanging around other young people who also had no direction in life. Alien committed his crime while under the influence of alcohol. Alien does not make excuses for his criminal conviction, but realizes the error of his ways, and it truly sorry for those his actions hurt in the past. Alien never served any jail time for his offense.
Alien has held the same job for 5 years, and is held in high regard by his supervisor. Alien is also held in high regard by members of the local business community. (EXHIBIT F)
Alien has several employment prospects awaiting him in the USA, and is eager to be a valuable contributing member of the United States. USC and alien husband would be living with USCs mother and stepfather to assume some of the burden in caring for USCs mother. USCs grandmother lives in same neighborhood, so alien and USC will be able to care for her as well.
USC has no prospects for employment in Canada, and has no wish to live in that country full time. USC is very close to her small family and would need to presence of alien husband in USA to provide financial and emotional support with the illnesses faced by her mother and grandmother. USC loves the United States and can't imagine living elsewhere and respectfully asks that alien husband be allowed in USA.
As USCs mothers is disabled due to extreme bipolar disorder, there is a good chance that USC could also become afflicted with this disorder someday, as it is largely hereditary.(EXHIBIT G) A forced separation from alien spouse could possibly cause this condition to manifest itself quickly.
It is well documented that "family unity" is an important value of the United States of America and that actions to "assure family unity' are part of the intent of U.S. immigration law [for example see Title 8, Chapter 12, Subchapter II, Part II, section I, pp. 64 and 65]. Although it is a function of law to provide legal definition and recognition to this marriage between Alien and USC, it is clearly the intent of law to support the complex nature of marriage. In other words, in this and other genuine marriages there are multiple social psychological, familial, economic, cultural, spiritual, etc bonds that are presumed by the law to exist conjointly with the legal presence of marriage. Support for these complex interacting marital bonds is a fundamental value of the larger society and a function of the law. Keeping families together is a prime goal of the United States, since strong, united families make for a stronger country. With that guideline from the US Government, a married couple being forced to live apart would alone be enough to constitute extreme hardship.
USC feels it would be cruel and unusual hardship to be forced to choose between her marriage and a family that is in dire need of her, or forced to live in a foreign country that would cause her to essentially abandon the United States, mother and grandmother.
USC respectfully asks that you look favorably upon this application for the I-601 waiver and allow alien spouse to join USC wife in the United States as soon as possible.Thank you for you prompt attention to this matter.
APPROVED, CIMT Monreal/Vermont--TOOK ONLY 8 WEEKS TO APPROVE
Affidavit from USC I, Mrs.USC, hereafter referred to as USC, declare under penalty of perjury, under the laws of the United States, that the following is true and correct. I met my husband, a Canadian born citizen, on the internet in March 1998. After our initial face to face meeting on March 26, 1998 in Toronto I began making regular visits to Canada. We got engaged on Easter 1999, and married August 21, 1999, in Mississauga, Ontario Canada.
In the beginning we had discussed waiting to decide where we wanted to live. I stayed in Canada as a visitor for the first year of marriage. During this time, my mother was legally disabled as per Social Security (EXHIBIT A), and I began to spend more and more time in the USA assisting in her care. In November 2001, my alien husband and I flew to the USA, point of entry Pearson Airport Toronto, so he could assess if he would be happy possibly living there. During the next year, my alien husband and I decided to make another trip to the USA together so we could look at possible jobs for him in my hometown of Athens, Georgia. On December 24, 2002, while attempting to enter the USA at Pearson airport my husband was denied entry due to a prior arrest. As he had successfully crossed the border before, we never dreamed that this would be as issue, since the conviction was not a violent offense, and was many years old. {EXHIBIT B} The officer at the POE informed us that he was inadmissible and he would need to file a waiver for entry. I flew to the USA alone, and we spent Christmas apart.
We decided that due to my mother's disability we would look into what needed to be done for alien to immigrate to the USA. USC has been spending her time divided between her alien husband and her family duties in Athens Georgia. This situation has become untenable, and is taking its toll emotionally and financially.USC has not worked since March 1998, and alien husband is only source of financial support. USA finds it impossible to hold a job, and assist in mothers and grandmothers care.
In 2004 USCs maternal widowed grandmother, age 75, was hospitalized, and fitted with a pacemaker, as well as having several other varied health problems that require assistance in her daily living activities. {EXHIBIT C} Because of USCs mother having a severe mental disability, and USC being the only child and grandchild it is imperative that USC be able to spend ALL her time in the United States assisting in a care giving role to both her mother and grandmother. USCs mother's doctor has written that presence of USC would be beneficial for her condition. USCs mother has also requested the full time presence of USC daughter to assist in a care giving role. It is possible that is waiver was not approved that USCs mother could see her illness get worse, thereby causing extreme stress to USC, were she not able to be with her mother.(EXHIBIT D)
USCs stepfather works full time, and has limited time off to assist in the care of USCs mother and grandmother.
If USCs alien husband is not allowed in the USA and USC has to move to Canada full time there will be no one to assist in the care of mother and grandmother. USC has no other family outside of mother, stepfather and grandmother.
Alien spouse admits to his previous criminal conviction (EXHIBIT E) and feels that he has proven his rehabilitation. The conviction he has was the result of a time in alien's life when he had no direction and began hanging around other young people who also had no direction in life. Alien committed his crime while under the influence of alcohol. Alien does not make excuses for his criminal conviction, but realizes the error of his ways, and it truly sorry for those his actions hurt in the past. Alien never served any jail time for his offense.
Alien has held the same job for 5 years, and is held in high regard by his supervisor. Alien is also held in high regard by members of the local business community. (EXHIBIT F)
Alien has several employment prospects awaiting him in the USA, and is eager to be a valuable contributing member of the United States. USC and alien husband would be living with USCs mother and stepfather to assume some of the burden in caring for USCs mother. USCs grandmother lives in same neighborhood, so alien and USC will be able to care for her as well.
USC has no prospects for employment in Canada, and has no wish to live in that country full time. USC is very close to her small family and would need to presence of alien husband in USA to provide financial and emotional support with the illnesses faced by her mother and grandmother. USC loves the United States and can't imagine living elsewhere and respectfully asks that alien husband be allowed in USA.
As USCs mothers is disabled due to extreme bipolar disorder, there is a good chance that USC could also become afflicted with this disorder someday, as it is largely hereditary.(EXHIBIT G) A forced separation from alien spouse could possibly cause this condition to manifest itself quickly.
It is well documented that "family unity" is an important value of the United States of America and that actions to "assure family unity' are part of the intent of U.S. immigration law [for example see Title 8, Chapter 12, Subchapter II, Part II, section I, pp. 64 and 65]. Although it is a function of law to provide legal definition and recognition to this marriage between Alien and USC, it is clearly the intent of law to support the complex nature of marriage. In other words, in this and other genuine marriages there are multiple social psychological, familial, economic, cultural, spiritual, etc bonds that are presumed by the law to exist conjointly with the legal presence of marriage. Support for these complex interacting marital bonds is a fundamental value of the larger society and a function of the law. Keeping families together is a prime goal of the United States, since strong, united families make for a stronger country. With that guideline from the US Government, a married couple being forced to live apart would alone be enough to constitute extreme hardship.
USC feels it would be cruel and unusual hardship to be forced to choose between her marriage and a family that is in dire need of her, or forced to live in a foreign country that would cause her to essentially abandon the United States, mother and grandmother.
USC respectfully asks that you look favorably upon this application for the I-601 waiver and allow alien spouse to join USC wife in the United States as soon as possible.Thank you for you prompt attention to this matter.
Here it is : I wrote the letter from my USC husband point of view. He signed it and notarized it.
I highlighted certain KEY information that I wanted the Officer to notice, just incase they might have been SKIMING thru the letter and not actually sitting there and reading it. ( LOL )
Where you see the word USC, I had my husbands full name in place.For the word, Alien, I had my full name in place.
USC 12345 St. Nowhere,State, Zip
RE: Letter Of Hardship For ALIEN NAME Case #
US Embassy Address in ALIEN COUNTRY
To Whom It May Concern:
I, USC, in support of an I-601 application for my wife, ALIEN, am writing this letter based on my hardships if forced to move to (Alien Country). I met my wife, ALIEN , while attending High School together in YEAR, after continuing our friendship; we united in marriage on DATE.
Extreme Hardships to USC
I. USC Daughter
I have a 3-year-old daughter, USC daughter name given, whom I had from a previous relationship. Her mother will not permit me to take my daughter to (Alien Country) if I am forced to move. I fear that the distance from my daughter would cause irrevocable damages in our Father/Daughter relationship. I also support my daughter and if I am forced to move away I will be unable to continue / provide that support, financially and emotionally. If my wife (ALIEN NAME) were not allowed to return to the USA, I would be forced to choose between my daughter and my wife, which is impossible because both of them make me what I am today.
II. USC Family Support in USA
I have very strong ties and full support from my parents and siblings along with my In Laws; I frequently see them for family events such as birthdays, holidays and daily gatherings. If I am forced to relocate I would have limited if any contact with my family and I would almost never be united with my entire family. Meaning that I would not be with my wife, my family and my daughter at the same time.
III. USC Has no family in Alien COUNTRY
I will be homeless if forced to move to Alien Country because of hidden racial barriers that would not allow me to stay at my wife's relatives' residence. I am of Black/African American ethnicity and I am not accepted by her few relatives that she has in Alien Country, her relatives are of Indian ethnicity and they do not approved of her marriage especially to someone from a Black/African ethnic background, therefore her relatives has made it known to my wife, Alien Name, that if I was to come to Alien Country I will not be permitted to stay (not even on a temporary basis) at my wife's relatives home where she currently resides. I have no one else to turn to for support in the event of being forced to move to Alien Country. This is an "extreme hardship" and biggest burden to me and I have a well founded fear for my life and will be faced with the reality that I would be homeless because of the racial discrimination against me, if forced to move to Alien Country.
IV. Medical
Recently I visited The US Department of State website via Internet for information about Alien Country Health care system. It stated that the Medical Facilities in Alien Country are significantly below US standards for treatment of serious injuries and illness, with limited access to supplies and medications. I am currently provided with Health Insurance through my employment but if I am forced to move to Alien Country I will loose all coverage upon termination of employment. Therefore I will not have access to, or the ability to pay for the necessary healthcare in Alien Country.
* Pregnancy My wife (Alien Name) and I want to start a family in the immediate future. However, given the facts, I fear that we will be unable to begin a family because of the low standards of health care and possible health risks to the baby and I will also would be bound by financial dilemmas while living in Alien Country since medical insurance is very expensive, thus lack of income will certainly obstruct me from starting a family which I desperately want to begin with my wife, Alien Name.
V. Financial
I am employed full time; this allows me to comfortably support my wife, my daughter and myself. If I move to Alien Country, I would not be able to get a job because Alien Country job market is lacking employment in all areas. Unlike my current job in the USA, I will not be able to support my daughter in the US because of the lack of financial earnings neither will I be able to support myself without any income, relating in damaging my self esteem as well as contributing to serious physical dangers such as not being able to afford health care, live in a safe and good neighborhood, and providing basic support as Head of Household. Thus, a move to Alien Country would cause immense damage to both my current and future standard of living compared to my social level that I currently have/will obtain in the future here in the US.
Citizenship
I, USC , a born American and very proud of my country, feels that as an American, family unity is the cornerstone of the America. I fully support the United States of America with all that I am and all that I will be and to imagine having to leave my country would destroy my pride I have in the United States and to even consider being forced to depart from America would only increase the devastating pain and suffering of having to move to a place where "Freedom" is not compared to the freedom that Americans hold dearly. A United State's Citizen has the right to "Life, Liberty and the Pursuit of Happiness". How could I be 'Happy' without the one I love?
Summary
My wife, Alien Name, have no intentions of repeating or offending the law in any way possible to the United States of America therefore she poses no threat. She received GOD into her life and has attended Hope Of Glory Ministries in Alien Country since returning and she seeks support emotionally and spiritually from that church, she has paid the price for her wrongdoings, whilst learning valuable lessons in life and how it affects not only her but also people whom love her dearly. She would like to have the opportunity to begin a New Life in America, where we can start our own family.
There is no hope in Alien Country for me (USC). My wife, Alien name, constantly feels guilty because, I would be forced to make an emotionally depressing decision to choose between her and my daughter, should I have to move to Alien Country and live in conditions that are oppressive to me compared to the life I have in the USA.
Conclusion
If my wife, Alien name, is not admitted entry to the United States of America I will be placed in the midst of an impossible dilemma causing great hardships stated above. I have seen for myself what Alien Country looks like from visiting my wife for three weeks and spending that short period of time, I was not at all pleased neither nor impressed with so many negative things seen and heard on the local news concerning the increase of crime and kidnappings that go unresolved. I fear for my life because it is commonly perceived that Americans have money and are most times easy targets of robbery and crime (also stated in US Embassy website for Alien Country).
Furthermore, Family Unification is something that has significant stature in American Immigration laws and I ask that I get the right to unite my family once again. I would like to reunite with my wife in America where my family would be complete and my wife and myself can pursue our goals together.
I am writing this letter in support of the I-601 petition that I have filed for the waiver of excludability of my husband, Mr. ***. I have already filed a I-130 petition, which has been approved. The sole reason my husband cannot obtain an immigrant visa and be united with me and my son in the US is that he is subject to the 10-year bar for unlawful presence in the US. This separation will cause me extreme emotional hardship and eventually financial hardship if *** is not granted the K-3 visa.
Relationship History
*** and I have been in constant communication since we met and especially since his return to Brazil. I have visited Brazil no less than three times thus far in the past year alone [1/18/2003 - 2/4/2003; 6/28/2003 - 7/28/2003; 10/18/2003 - 10/24/2003]. It will be impossible, both financially and emotionally, for me to continue this long distance relationship. Additionally *** has bonded with my son, ***, who is nine years old. My son, ***, continually asks when he is going to be able to see *** once again. *** looks forward to participating in the simple pleasures in life in which *** has unconditionally offered. These can include attending baseball games, amusement parks, school related events, and many more events that most people take for granted because they have always been easily accessible to them as a family. I have also enclosed personal e-mails between *** and I along with our photographs.
*** and I share a deep bond and dedication within our marriage. If his I-601 waiver is denied our separation will only continue or I will at some unknown point be forced to emigrate to Brazil. This will cause me both extreme emotional hardship and financial hardship and my quality of life will be severely altered. I currently am employed and have always resided in the United States. Moving to Brazil will create several unfavorable consequences.
Psychological Hardships Due to Personal Considerations
I would be forced to leave my nine year old son behind. My son has been in my custody and has resided with me since birth. ***'s father currently has legal partial custody while I maintain legal primary custody. ***'s father is not willing to sign for a passport for our son. This leaves no chance for him to emigrate to Brazil. English is also my sons only spoken language. Being separated from my son will cause an extreme unusual hardship since the two of us have always been in constant contact from the time of his birth. I bought my home in June of 1998 where *** and I both reside. My home is approximately 34 years old. We are completely settled here as a family. Moving to Brazil to be with my husband would entail selling my home and forcing my son to change neighborhoods, the only home he remembers, and schools. He would also be forced to grow up without a mothers consistent guidance. *** would be restricted to a part time mother who he would only be able to see perhaps only once or twice per year as opposed to the current situation now, which is nearly everyday. The emotional psychological hardship my son will face being apart from his mother will effect his school work and disrupt him from the settled normal life I currently have provided. I have also opened up a savings account for my son in which I have contributed money to for his future college education. I will no longer be able to contribute to my sons financial educational future while living in Brazil. The psychological hardship that I will face being apart from my son will most definitely put me into a deep depression. I will not be able to seek treatment for this in Brazil since my only language is English and all therapy there would be in Portuguese. Even when I have left my son in the US to visit my husband in Brazil I have felt a sadness inside that keeps me from completely enjoying my limited time with my husband. I also look forward to watching my son grow up and live a normal life with two loving parents by his side. I have enclosed our current custody agreement along with a notarized copy of ***'s birth certificate.
Financial Hardships
By leaving the USA I would be forced to terminate my employment. This termination would result in the loss of future and current investments in my 401-K. Currently if I were to terminate my employment my investments would cease to grow. Vesting ends whenever an employee leaves the company and the employee is then as a result forfeiting unvested options. This in itself would cause instability to my future retirement. I have enclosed my most recent statement pertaining to my 401-K investments.
By leaving the USA I would not be contributing into my social security taxes. My social security benefits would be dramatically reduced by an amount at least but not limited to 67%, respectively. As the current period states, staying employed in the US I would receive $534.00 by age 62, $763.00 by age 67, and $947 by age 70 in social security benefits. If I were to leave the US and cease to work, my benefits would be reduced to these monthly sums as follows. At age 62 I would only receive $182.00, at age 67 I would receive $259.00, and at age 70 I would receive $321.00 respectively. I have enclosed a printout directly from the Social Security Administration website.
Upon moving to Brazil it would become necessary to sell my home. It is currently unlikely that I would be able to obtain the amount of money that I have put into fixing my home. Therefore, it would be likely that I would be facing a lose due to the sale of my home. The standard of living I currently have would be drastically decreased and I would be forced to lower my standards of living while residing in Brazil. It would also become necessary to sell all of the contents in my home since international shipping fees would supercede what the contents are currently worth. I would also be required to rent a storage unit for whatever I could not sell, which would add an additional monthly expense that in a short period of time I would be unable to continue to pay.
Financial Hardships Including Special Factors
Emigrating to Brazil would force me into immediate unemployment considering the fact that I do not speak Portuguese. Once I would become fluent enough to speak Portuguese I would most likely suffer from the current unemployment rates in Sao Paulo. The current unemployment rates in Sao Paulo are at a rate of 23.6% for women and 16.5% for men. This study is current as of August 2003 according to data of Dieese (Departamento Intersindical de Estatistica e Estudos Economicos). Another study done by a London-based Economist Intelligence Unit accessed the level of hardship for expatriates living in 130 major cities around the world. This study ranked Sao Paulo 85th out of 130 major cities as one of the worst cities for expatriates, stating that many aspects of day to day living will likely entail hardship for the expatriate living in them. Including factors in the study were split into three categories which includes the health and safety section rating the threat of violent crime, culture and environment, and infrastructure.
Educational Hardships Including Special Factors
My educational opportunities would cease to exist in Brazil. I would consider continuing my education in Accounting and Business Administration in Brazil but all schooling is done in Portuguese so therefore it would be impossible for me to participate in their education system. I have also a Bachelor of Arts degree in Accounting and Business Administration in the US and I currently owe $8344.00 in college loans that I would no longer be able to pay back upon moving to Brazil. I have enclosed my current student loan statement.
Other Related Hardship Factors
I currently own a pedigree Shih-tzu dog. Her formal name is ***. We call her ***. I purchased her when she was approximately eight weeks old and she has resided with me since that time. She is now approximately five years old. I would consider taking her to Brazil with me but my husband lives in an apartment and they do not permit dogs. This would force me to sell her, or if unable to sell her due to her age, I would then be forced to take her to the pound. I am extremely attached to *** (I consider her a family member also) and I would be completely heartbroken and I could not forgive myself if I had to leave her to another family. I have enclosed a notarized copy of her pedigree certificate along with a copy of her registration certificate. Also enclosed are pictures of ***.
Currently I have put my life on hold due to this situation. I would like to obtain employment in my fields of interest, which include Business and Accounting, but unfortunately I have not been able to pursue those avenues because upon obtaining new employment I would most definitely not be able to get time off to see my husband in Brazil. Although I make decent money now, I know that if I pursued a career in Business or Accounting I would be making a considerable amount more and I would be raising my standard of living here in the US. Also with *** by my side here, we would have two incomes instead of one which would help in paying back my school loans and pursuing a better life. We would also only need to support one household instead of two which would increase the amount of money we together would be able to save for our future together and my sons education. *** and I also plan to have a child together in the near future. I am 30 years old and my husband is 33 years old. We will not be able to fulfill our dream of creating a life if we are apart. If I were to move to Brazil and have a child with *** we would not be able to obtain the proper health care in Brazil as opposed to the care I would receive here in the US. My mother had complications with the birth of my sister and my sister was born two months premature. My sister was confined to a hospital for approximately two months with a full recovery. I would be afraid that if I were to have complications then I would not be able to receive the proper treatments. According to recent statistics the mortality rate for a child under five years of age in Brazil is between 20 and 49 deaths per 1000 live births. In the US the mortality rate is less than 10 deaths per 1000 live births. This information is all current according to "The World Bank Group".
Closing Statement
I have lived an honest life as a US citizen, having been born in the USA. I have worked hard to meet all my obligations and raise my son as a single parent. I have always paid my taxes, performed my civic obligations, voted in elections, and obeyed the law. I am now asking my government to recognize my sincere contributions as a citizen and permit *** as an immigrant so that our family can be made whole. *** and I are prepared to spend the rest of our lives together supporting each other. I am employed, make a decent living, own my own home, and have the ability to support him. So I am asking you to please grant him the I-601 waiver.
Here's Maekju's approved HSL for CIMT. It was approved in 6 weeks 4 days in Seoul, Korea.
From: USC on behalf of SKC Case# *********XX Ref: *********
To: U.S. Department of Homeland Security C/O American Embassy Unit# 15550 APO, AP 96205-5550
I USC, declare under penalty of perjury, under the laws of the United States, that the forgoing is true and correct.
Subject: Hardship Letter
SKC has been denied a visa under section 212(a)(2)A(ii)(I) of the Immigration and Nationality Act for having been convicted of a crime involving moral turpitude. She is seeking relief under the discretionary waiver I-601. USC is SKC's husband and a citizen of the United States. They met in December 1997 while USC was working as a contractor for the U.S. Army in South Korea. They dated for four years and were married in October 2003. USC's employer's contract in South Korea ends July 31, 2005. His company offered him a position in Colorado Springs, CO. USC and SKC planned to move to Colorado Springs, CO. with SKC's two children and his father buy a home and harmoniously raise their family. USC writes this letter in support of the waiver. Because of his commitment to their marital bond, USC would be compelled to move to his wife's country and in doing so will suffer extreme and unusual hardship.
There are several interacting hardships:
MEDICAL
From: http://www.nlm.nih.gov/medlineplus/tutorials/hypertension/htm/_no_50_no_0.htm USC has hypertension. Hypertension is also called the "Silent Killer" because it often has no symptoms and can cause serious diseases or death if left untreated. Hypertension can cause a stroke which can lead to paralysis, speech problems, and even death. Blockage of blood vessels in the kidney can lead to kidney failure. This will lead to death unless dialysis is performed three to five times a week to clean the blood. Blockage of blood vessels in the eye can lead to impaired vision and even blindness. Blockage of an artery of the heart leads to a heart attack, where the part of the heart that was supplied by the blocked artery dies. This weakens the heart and can even lead to death.
USC monitors his blood pressure several times a day and takes medication daily (Exhibit A). If he moved to his wife's country, he would have to quit his job and therefore wouldn't have health insurance to cover medical expenses in South Korea. He would have to pay cash for medication to control his hypertension and, if need be, other medical services. He would not have the financial resources to get proper medical care. His hypertension would go untreated and could cause serious diseases mentioned above putting him in a life threatening situation.
FAMILY TIES
USC has no family ties in South Korea except for his wife and her two children. He is an only child and has one surviving parent, his father who suffers from multiple medical problems that are progressively worsening. His father suffered a massive stroke which paralyzed his complete right side and confined him to a wheel chair. His father is now seventy eight years old, diagnosed with chronic kidney failure and needs dialysis treatments three times a week to survive. His father also has problems with a vascular disease in his legs and non healing ulcers on his feet and ankles. These require frequent dressing changes and regular appointments at the wound care center for debridement (Exhibit B).
While USC was working in South Korea, his uncle helped care for his father. His uncle is also elderly, has his own health issues and works full time. USC's' uncle must sometimes miss hours from work to take USC's father for his doctors' appointments and run daily errands. His uncle is finding it harder to be a dependable source of transportation for USC's father's doctors' appointments and run daily errands (Exhibit C).
When USC returns to the U.S., his father will be living with him and will depend on him to take him to the doctor for his dialysis treatments and appointments at the wound care center. When his employer needs him to travel in performance of his job duties, his wife would be there to care for his father. If USC moved to his wife's country, his father would not have dependable transportation for his dialysis treatments and non healing wounds. If his father misses one of his dialysis treatments, he would suffer kidney failure which would result in death. USC's father greatly depends on him and they both enjoy a strong father son relationship. By moving to South Korea, USC would suffer enormous psychological and emotional stress. His hypertension could exacerbate increasing his chance of suffering a stroke, heart failure, or possibly death.
LOSS OF EMPLOYMENT
USC is employed by Company Inc. in Palm Bay FL. He's a Field Service Engineer specializing in Strategic Aerial Reconnaissance Systems for the U.S. military. His profession is extremely specialized. There are not many companies worldwide that manufacture these systems and the employment resources that possess the necessary skills to operate and maintain these systems are extremely small. Special security clearances granted by the U.S. government are required to perform his duties. Additionally, he is called on to travel to U.S. military bases world wide in performance of his duties. These skills, by their very nature, are not transferable to other countries.
At age 54 and with his profession being such a narrow field, finding employment even remotely related to his career in South Korea would be impossible. By not being a Korean citizen, he would not be granted the necessary security clearances. He doesn't speak or write Korean. If he found any work at all, he would only be eligible for entry level or minimum wage type work.
If USC moved to South Korea he would suffer extreme and unusual hardships. The loss of his career that took him over twenty years to build would be devastating for him (Exhibit D). Not only would he lose his tenure and security clearances but also the excellent benefits such as health insurance, retirement plan, education assistance, vacation, etc and it would be impossible for him to ever recover his standing in his current profession.
FINANCIAL
As a result form USC's previous marriage; he pays a total of $1553.00 per month in alimony and child support payments (Exhibit E). If he moved to South Korea, he would be unemployed and could not meet his lawful financial obligation to his ex spouse and pay child support. Therefore, he would be subject to criminal charges in his own country.
He could not pay his credit debt which would ruin his credit rating and his credit cards would be revoked. Paying with cash isn't always possible. Cash on hand may not be readily available in case of medical emergencies or serious accidents. If USC returned to the States, he would not be able to buy a home, rent or buy a car, etc. His ability to find a job to support his family would be severely limited.
USC has one child in college and another one starting this year (Exhibit F). At present he gives the one in college an allowance of $900.00 per month (Exhibit G). His children depend on this allowance to continue their studies, pay rent, utilities, and other living expenses. If he moved to his wife's country, his children would be denied this allowance and could not attend the college of their choice. Lose credits transferring to another college that may not be as good as the one their now attending. His children would have to work instead of focusing on their studies. His children's college education would be greatly compromised.
The expenses involved in traveling between the U.S. and South Korea would be beyond his financial capabilities. He could not travel to the U.S. to spend time with his natural children or visit his ailing father.
USC would have no choice but to use his retirement savings if he moved to his wife's country. In doing so, he would be subject to a 20% mandatory federal income tax withholding and pay a 10% early withdrawal penalty (Exhibit H). After the depletion of his retirement funds, the future of USC and his family are left with a serious dilemma of uncertainty and at worst, left with nothing to live off of and totally destitute.
EDUCATION
Due to constantly changing technical advances in his field of work and to advance in his career, it is necessary for USC to continue taking education courses on a regular basis. In the U.S., he takes advantage of his company's education assistance program that pays for tuition and books. Engineering and lab classes desperately needed are closed to him in South Korea because of the language barrier. Without taking classes of higher learning his career now as well as any future career opportunities would be completely ruined.
PSYCHOLOGICAL / EMOTIONAL
If USC were to move to his wife's country in fulfillment of his solemn marital vow, His natural children will not only miss his physical presence but they will lose his support as a loving and supportive father. Permanent isolation from his children and ailing father would result in tremendous stress, anxiety, and depression. The psychological / emotional impact on USC would be devastating. His hypertension could exacerbate reaching dangerous levels increasing his chance of suffering a stroke, heart failure, or possibly death.
USC has developed a strong parental bond with his stepchildren. Their father doesn't phone, visit or provide any financial support. He has totally abandoned them. For the sake of his stepchildren's upbringing, he provides the fatherly guidance, support, and love a child needs while growing up. They look up to him as the only father they ever had. He does not want to separate the bond between his stepchildren and their natural mother. USC wants to keep his family together. He already knows the tremendous amounts of tension, depression and despair associated with family separation due to his previous divorce. The psychological and emotional stresses are overwhelming.
KOREAN CULTURE
For a foreigner, especially an American, Korean culture can be intolerable. The society is basically closed to outsiders. Anti-American Semitism is steadily increasing. Many times movement for Americans is restricted for personal safety due to Anti-American demonstrations.
Since USC can't speak or read the language, it would be very difficult to accomplish anything on the Korean economy. Simple task such as shopping, dinning, entertainment, or just asking for directions becomes monumental.
USC is an African American. He knows first hand the hardships of living in a homogenous, conservative, and highly discriminative country like South Korea. He would not integrate into Korean Society and would be virtually exiled.
From: http://www.state.gov/g/drl/rls/hrrpt/2003/27776.htm Country Reports on Human Rights Practices - 2003 Released by the Bureau of Democracy, Human Rights, and Labor February 25, 2004 National/Racial/Ethnic Minorities
The country is racially homogeneous, with no sizable populations of ethnic minorities. Except in cases of naturalization, citizenship is based on parentage, not place of birth, and persons must show their family genealogy as proof of citizenship. Naturalization is a difficult process requiring detailed applications, a long waiting period, and a series of investigations and examinations. Because of the difficulty of establishing Korean citizenship, those not ethnically Korean remained "foreign," thus disqualifying them legally from entering the civil service and, in practice, being hired by some major corporations. According to a Human Rights Commission survey, 50.7 percent of foreign workers reported that they experienced mockery and verbal attacks in the workplace. Amerasians faced no legal discrimination, but informal discrimination was prevalent.
From: http://www.seoulsearching.com/magazine/antiamerican.html South Korea is perhaps one of the most dangerous places an American can travel to at present. Why? Because on face value everything seems fine to someone who is not trained to spot trouble. Unlike the Middle East where danger is a factor of daily life that also gets huge media attention, South Korea can fool many people, and it often has. South Koreans have assaulted, kicked, slapped, punched, lit on fire, spit on, and even kidnapped Americans, to include American soldiers serving in South Korea. Places of business have refused to serve Americans or let them into bars, restaurants, and other public establishments.
GOOD CHARACTER AND ADMISSIBILITY OF SKC The incident that happened five years ago was an isolated and unusual circumstance for SKC. This was totally out of her character. She is deeply repentant and remorseful, a changed woman. She has paid dearly for her mistake. She came close to losing her children, job, self esteem, and respect from her peers. The memories still come back to haunt her to his day. She is goal directed, focused, thoroughly ethical, has good character, and law-abiding. She presents no danger whatsoever to the interests of the United States of America (Character Refs. Attach).
SUMMARY
This marriage of two years has come full circle and needs to be recognized for it's family unity which is one of the foundations our nation was built on. Because the marriage has occurred in its full sense, profound forces will move USC to leave his homeland. Yet, if he goes to his wife's country, he would be unemployed and couldn't afford medical insurance therefore; he couldn't buy the medication necessary to control his hypertension putting him in a life threatening situation. There would be no income to support his family, provide for them a good standard of living, and ensure their good health. The opportunities to continue his education and advance in his career are no longer available to him. He would be unavailable to family, especially in regard to his ailing father and natural children. Furthermore, he would not integrate into Korean society because he's African American and would be virtually exiled. If SKC is not admitted to the United States of America, USC will be placed in the midst of an impossible dilemma. If he moves to South Korea, which he would do bound by the marital bond he shares with his wife, powerful forces would set into motion emotional, social, and medical forces that would prove life threatening to him.
USC and SKC respectfully ask that this waiver be approved.
This is the "I'M sorry letter" my wife wrote. I was agaisnt it at first but glad I included it with my letter.
To whom it may concern.
I do not want nicely explain excuse about my case. I was totally wrong I made big mistake but I'm only human. I am so miserable about my pitiful act. It hurts me even now and I will not forgive myself forever of my mistake. I was so foolish, so silly, and totally out of my character of conduct. I almost lose my kids, my job and big damage to my finances. But most shock to me is what I did. How come I made that kind mistake I can not believe myself. I am still scared to driving car. I think about accident every time I use car. It so hard to drive because my legs shake when I think about accident I have. If another person forgives me still I can not forgive myself. I never want to hurt somebody. I love peace and want to be honest and show kindness and than I'm happy. I did my best for everything but I made one big mistake. It will never happen again to me because the shame as mother and disgrace to my children and mother. I don't want to hurt my husband he loves me so much he can't live without me. My heart has so much pain and sorrow and I'm very remorseful for what I did. I ask you to let our family stay together. This is all I want in my life.
I met my husband USC three years after I started working for the Morale Welfare and Recreation (MWR) system at Camp Red Cloud Army Garrison in Uijongbu, South Korea. We were together four years before we got married. My two children and mother lives with us. I love my husband and sure he will not hurt me and take good care of my children. While we were dating, I found out that he is good man and very prudent and very strong sense of duty and considerate person. And our love grew stronger and we trust each other and cannot live without each other. So I want to be with my husband until I die. We have been married two years. I never had this much happiness in my life. I did not know a couple could be this happy. And my two kids never had good time with their father and they do not know what daddy is supposed to be. They did not know what feels like with father to do some things because they never do anything with their natural father. But my husband he is being a father to my kids. He cooks, play with my kids, go out dinner, and watch T.V. and movie together. He makes them laugh, travel, teach bowling, and gives them presents for birthday and Christmas. Sometime he gives a scolding when they not behave, no homework, no shower, comeback home late and too much computer game. Now we are a real family living together. I didn't marry him just because he is American. I didn't marry him because he is rich. Me and my husband have to work for living then we can take care of family. We work hard for living but we are happy because we can take care of family and we are together. I am in heaven now because I'm with my husband and my kids. This is my only happiness. What am I going to do if I go to the states? I will live like now as mother and wife and work for living and help take care of our family happily together. We just love each other so much and we just want to be together for the rest of our lives.
These are letters from Aidita and her husband. They were adjudicated in New York.
My Husbands Letter:
In regards to the misrepresentation of my paperwork in 1990, I can only state that I have been a victim like so many others of people who prey on people like myself. I was not aware that any misrepresentation had occurred. I was naive and never willfully or with intent attempted to do something wrong. I am truly sorry because I am a thoroughly ethical and law abiding man. I present no danger to the US as I love the US and would love nothing more than to live here with my wife all of my life. My family and I would suffer immensely if I were not granted permission to reside in the US. I humbly ask that I be forgiven in regard to this matter. Sincerely
My Letter
Name Case #***x Re: Hardship Letter I 601
To Whom It May Concern:
The reason I am filing the I601 is for material misrepresentation that occurred in 1990. I would like to state for the record that my husband and I have been married for xx years and we have established a family and family unity is important to us. My husband is the sole means of support for myself, my children and my grandchildren. I have significant health problems such as diabetes, coronary artery disease and depression. I have had a stent placed in my coronary artery to keep it open and am currently being evaluated for renarrowing of the artery to see if another procedure is necessary. This can be verified by Dr. ***, the cardiologist at *** medical clinic (phone). I would suffer extreme hardship if my husband were deported because these are life threatening illnesses that require regular expert medical care that would be unavailable to me in ***x. The emotional duress that I would suffer from separation would cause further health problems. If my husband were deported it would impact my life greatly. I would be placed in an impossible dilemma. I would have no place to live, no means of support, no health insurance, possible debt and my health would suffer a great deal from the stress of separation. I kindly ask that you consider my request and allow my husband to adjust his status. Thank you.
Here's the final draft of Amofernando815's letter. Her waiver was filed in Brasil on June 3, 2005 and approved in Lima on Oct. 24, for her fiance who had previous illegal presence. There is also a note at the bottom about additional evidence she later submitted:
Educational Hardship- I have lost a semester of my college which has greatly put me behind in my educational degree. I fear that if and when I return to school that my grades will not be sufficient enough because of the lapse of time in studying. Also, this loss of a semester because of my emotional stress has caused me to lose my car and health insurance. The student loans and parental loans that were deferred on my college are now being called in and have to be paid because I missed a semester of college. If Alien was barred from entering the United States and I had to move to Brazil I would have to terminate my education because it is not possible to earn a degree in teaching that would be valid in the United States. I would also not be able to attend college in Brazil because it is a requirement to speak Portuguese in order to study at the universities there and I do not speak Portuguese.
Language Barrier- I do not speak Portuguese which is the official language of Brazil. This would cause me to not be able to study at federal universities since it is a requirement to speak Portuguese to attend. It would make it almost impossible for me to find a job or even function in everyday activities.
Also: sent by fax letter from Dr. stating I was pregnant and had my due date on it then wrote an additional letter that simply stated that with the baby there was added stress and financial hardship. Also, there was additional medical hardships such as the effects of stress and emotional hardship can have a life long lasting affect on the unborn baby and can cause preterm birth. (I got this from a book called Tomorrows Baby).
Here is a copy of Avila's letter. It was adjudicated in Ciudad Juarez, Mexico.
Here is our final hardship letter. When we had our interview in June, we knew nothing about the waiver so I just wrote a little one page letter on the spot. Then, I found this website and used other examples to help me write this letter. I mailed the letter in October and our case was approved on Nov. 1st. I assume that they received this letter and that they based the approval on this letter. I hope this helps!!
Rebekah Avila, Gabriel Avila and Maya Avila would suffer extreme and severe hardship, if Gustavo Avila is not admitted to the United States. Mrs. Avila's family responsibilities, financial responsibilities, health and community ties would prevent her from living in Mexico with her husband. At the same time, she would feel compelled by the powerful forces of her complete marital bond and two young children to do so.
There are several interacting hardships:
I. Personal Considerations
Mrs. Avila and her two children are exceptionally close and emotionally dependent on their United States family. Mrs. Avila is one of eight children to her mother and father and has a 94 year old grandmother for whom she is currently caring. She has lived in close proximity to her family throughout her life.
a. Grandmother
Mrs. Avila is currently caring for her 94 year old grandmother, Ms. Niven. Ms. Niven lives in her home and relies on Mrs. Avila for her medication, daily meals, hygiene, doctor's appointments and companionship. (See Attachment A) Ms. Niven does not want to go to a nursing home and Mrs. Avila is making it possible for her to stay in her home. Ms. Niven's remaining family live in other areas and are not able to provide her the care she needs.
Mrs. Avila feels strongly about taking care of Ms. Niven. If Mr. Avila is not permitted in the United States, Mrs. Avila will be forced to re-locate to Mexico, leaving Ms. Niven to be admitted to a nursing home, therefore reducing her quality of life. This situation would be a tragedy for not only Ms. Niven but for her entire family as well.
b. Children
Mr. and Mrs. Avila have two children, Gabriel and Maya. Gabriel, almost two years old, was born on November 8, 2003. Maya, an infant, was born on April 22, 2005. Mrs. Avila has tremendous grief over having to raise two children by herself.
Both Mr. and Mrs. Avila feel strongly that children should not be separated from their parents, especially during the formative stages of their lives. If Mr. Avila is not allowed to return to the United States, Gabriel and Maya would be deprived of their father. Mr. Avila would miss crucial moments in both the physical and psychological development of Gabriel and Maya, including events that would aid in the formation of a relationship between them. The possibility of not having Mr. Avila share in the responsibility of their children torments Mrs. Avila every day. Thus, if Mr. Avila is not allowed to return to the United States, Mrs. Avila would be raising their children as a single mother and would suffer tremendously, while Gabriel and Maya would lose irreplaceable moments of their life with their father. Like any mother, Mrs. Avila wants her children to have at least all of the choices and possibilities that she had while growing up. She also wants to be able to provide those things which she did not have. She and Mr. Avila deeply believe that they will not be able to accomplish this feat while living in Mexico. Mr. and Mrs. Avila love each other deeply and want to provide their children with a strong and positive home. They want to give them the best education, the best medical care, the safest surroundings and the love and support of Mrs. Avila's family. For Mrs. Avila, all of this is possible only while living in the United States of America. Mexico is known to be lacking in educational opportunities, medical care, and many other important aspects. According to research done by Tulane University, "Education in Mexico is greatly segregated by social class."(See Attachment B ) This statement means that only wealthy families are able to send their children to schools that have funding for books and materials. Mr. and Mrs. Avila would not have the financial means to provide this education for their children in Mexico. They would also be faced with a glaring disparity in their children's access to health care. According to Minnesota Advocates for Human Rights, ¨Each year an estimated 158,000 Mexican children die from avoidable childhood diseases before reaching age five¨ This would be a great tragedy for the Avila family and a huge injustice to Gabriel and Maya Avila. However in the United States where quality public education and health care is readily available regardless of monetary and social standing, Mr. and Mrs. Avila would be able to ensure that their children have the opportunity to receive a sound education and quality health care. (See Attachment B) In addition to a two-parent household and education, Mr. and Mrs. Avila feel that extended family is extremely important to the healthy development of their children. If Mr. and Mrs. Avila lived in the United States, their children would be active members of Mrs. Avila's extended family. As such, they would have the support and guidance of this family unit. If Mrs. Avila is forced to re-locate to Mexico, her children will be deprived of knowing her family in the United States. This would be particularly difficult for Mrs. Avila because her family is an integral part of her life, and she could not imagine them not being closely connected to her children and herself. Gabriel and Maya, United States Citizens, would not only be denied the privilege of living and growing up in the country that their mother loves so much but also the advantage of being surrounded by an extended support group, Mrs. Avila's family.
c. Other Family Ties
Mrs. Avila was born and raised in the United States of America. She has lived there her entire life. She is very close to her large family. Her family is her main support group as well as one of the most important aspects of her life. Mrs. Avila cannot move to Mexico because her family, as she knows it, would be lost. Her family's constant support and guidance is one of her main coping mechanisms. Without their presence in her life, Mrs. Avila would surely suffer.
Mrs. Avila does not have family or friends outside of the United States. Although she has interacted with Mr. Avila's family, she has always been alienated because she does not speak their language. Being alienated is extremely difficult for her, as she is friendly and used to being constantly surrounded by family and friends. Mr. Avila knows that if Mrs. Avila were forced to re-locate to Mexico, she would suffer from extreme isolation. The lack of her support group would add even more stress to her already stressful life. The separation from her family combined with feelings of isolation would put her at grave risk for the development of psychological disorders.
II. Financial Considerations
a. Education
Mrs. Avila is the primary financial support of the family. She has a Bachelor's degree in Rehabilitation Science and is the Director of the Yell County Literacy Council, a volunteer program that teaches adults who read below a 6.0 reading level to read better. (See Attachment C) Mr. Avila was caring for the children, allowing Mrs. Avila to work. Due to the high price of childcare for two young children, Mrs. Avila cannot afford childcare on her salary, approximately $20,000.00 a year, and Mr. Avila caring for the children made it possible for her to buy a house and provide a decent standard of living for her family. Placing the children in daycare would be extremely hard, as they were never been placed in one. Mr. Avila has taken care of the children since they were born due to high cost of daycare (See Attachments D & E) If Mr. Avila is not permitted to reside in the United States, Mrs. Avila will be forced to become a charge on society, relying on government aid and services to provide for her family.
Mrs. Avila has a Bachelor's degree in Rehabilitation Science. She worked hard attending four years of University studies. (See Attachment F)) She is trained to work in the area of social services. If she is forced to re-locate to Mexico, it will be virtually impossible for her to find a job at all, much less a job in the area of studies that she dedicated her life to. Mexico has very few social programs and the programs they do have would require Mrs. Avila to be a fluent speaker of Spanish, which she is not.
b. Employment
If Mrs. Avila quits her career to move to Mexico and be with her husband, it is unlikely that she will be able to find a job (due to lack of training, language barriers, and the overall economic situation in Mexico.) This would make her predicament even graver and would impact aspects of her life: psychological, family and physical. Not only would this provoke serious depression due to loss of ability to provide income, but financial difficulties would block Gabriel and Maya from the possibility of a decent life. This would be an extreme hardship to Mrs. Avila because she desperately wants to be able to provide for her children.
Unemployment results in many different factors that greatly concern Mrs. Avila, not the least of which is the ability to provide high levels of medical care for herself, her husband, and their children. It also raises questions of whether or not she would be able to provide adequate educational opportunities or afford anything other than substandard housing. Moreover, she would become even more isolated from her own family as she would be unable to purchase plane tickets to go home to visit (tickets cost between US$450-US$700 round trip), or even pay for the international calls that would be necessary to stay in touch. Thus, the almost certain unemployment that she would face in Mexico would cause her extreme hardship. Mrs. Avila would be unable to provide for her family, as she currently does, thereby affecting her self-esteem and feelings of self-worth. She would be unable to afford tickets home or even long distance calls to her family. She would jeopardize her ability to pay for adequate medical care or educational opportunities and would significantly lower her standard of living. Thus, a move to Mexico would cause immense damage to both her current and future standard of living compared to the social level that she currently has had and will obtain in the future in the United States.
c. Debt
The financial status of Mrs. Avila is encumber some, with an outstanding mortgage of $75,000 and outstanding car loan of $22,000 and credit card debts of $7,000. It would be impossible for her to re-locate to Mexico and cover her debt. This would have adverse affects on her credit history, and her reputation as an accountable, responsible citizen. (See Attachments G, H & I)
Additionally, due to these financial issues, Mr. and Mrs. Avila and their two children would be forced to live with Mr. Avila's family, who reside in a small house. Currently, including Mr. Avila, there are ten people living in this small residence. This would be a very severe change in living standards for Mrs. Avila, and would further increase her levels of hardship
III. Health
Mrs. Avila has previously existing health issues which will be impacted negatively if she does not have access to regular, expert medical care. Significant stress will contribute to the likelihood of reoccurrence and considerable pain associated with these maladies.
a. Medical Condition
In June of 2005, Mrs. Avila was diagnosed with Pre Cancerous cells on her cervix. A biopsy was performed in which the removed cells were determined to be pre cancerous. This condition could rapidly progress into cervical cancer, which has a 30% mortality rate. In the case of Mrs. Avila, several factors further increase this risk. Her current economic situation (due to the distance between herself and her husband) is strained, and further strain, or the necessity to leave the United States to be with her husband, could affect her ability to receive regular screening. (See Attachment J)
After the biopsy was performed, Mrs. Avila's physician assigned the best course of follow-up measures for her, which included having pap smears every three months for one year and every six months for two years in order to assure that she will not develop a recurrence of the pre cancerous cells. It is imperative that these follow-up appointments are utilized to be sure that the pre-cancerous tissue was completely removed and that the abnormal cells do not return. (See Attachment K)
The Mexican healthcare system does not have adequate facilities to provide proper detection nor prevention of the progression of cervical cancer. In the United States, where pap test screening quality and coverage is high, the efforts have reduced invasive cervical incidence by as much as 80 percent. However, in Mexico the low quality of pap test services has been a major barrier. According to the attached study of Mexico's pap tests, 13 cytology centers found a range of problems from poor-quality of services to inadequately trained technicians, the false-negative rate for pap tests in these centers was as high as 54 percent. (See Attachment L) This would put Mrs. Avila at a greater risk of developing cervical cancer due to the poor quality of medical care that is available in Mexico. Mrs. Avila would have to remain in the United States in order to receive adequate medical care and prevent her pre cancerous cells to develop into full blown cancer.
b. Vulnerability to Medical Illness
It can be expected that the average person enmeshed in an immigration case of this nature would experience profound psychological difficulties. In 1967, Thomas H. Holmes, M.D. and Richard H. Rahe, M.D. published in the prestigious Journal of Psychosomatic Research, ¨The Social Readjustment Rating Scale¨(SRRS). This scale is now famous. Its efficacy is well established. For instance, in December 2000 in Educational and Psychological Measurement, Judith A. Scully, Henry Tosi and Kevin Banning re-evaluated the use of this instrument. The abstract of their article states: ¨The authors conclude that, in sum, life changing events remain useful predictors of stress related symptom scores and that the SRRS is a robust instrument for identifying the potential for the occurrence of stress-related outcomes and is, therefore, a useful tool...¨
The scale uses the weighing of Life Changes Units (LCU's) as a means of being able to predict vulnerability to medical illness. Significant life changes, positive and negative, which occur with frequency and intensity, are significant variables in the development of medical illness. It is not possible to predict exactly which illness might occur. However, degree of vulnerability can be predicted.
The following are the predictive ranges of the Holmes-Rahe Social Readjustment Scale:
LCU<150: No significant risk of Illness LCU 150-199: 35% chance of illness or injury in two year period LCU 200-299: 51% chance of illness or injury in two year period LCU>300: 80% chance of illness or injury in two year period
This scale was applied to Mrs. Avila (on the assumed basis that she was forced to move to Mexico). Mrs. Avila's score on this instrument was 476. On the other hand, if Mr. Avila were admitted to the United States her score would drop dramatically to 64. (See Attachment M)
If Mrs. Avila is forced to move to Mexico, she is clearly within the highest-risk range of developing medical illness or injury in the two years following her move.
The Holmes-Rahe SRRS also demonstrates a very important fact widely recognized in the health sciences. Stress and other risk factors not only exist as independent influences, they interact dynamically. In other words, the whole is greater than its parts. Mrs. Avila is being subjected to, or may be subjected to, factors whose interactions contribute exponentially to her experience of hardship. The factors herein delineated are more than additive. Each interacts with the other in a dynamic manner that potentates and heightens their mutual impact on Mrs. Avila. Therefore, the totality of hardship factors exceeds measurement.
Thus, it is this totality of factors that must be considered when reading this document. Additionally, it must also be remembered that Mrs. Avila is currently experiencing high levels of psychological stress. Thus, each of these areas of actual or potential hardship must be added to the already significant psychological hardship that Mrs. Avila deals with every day.
IV. Special Factors
Mrs. Avila does not speak or understand Spanish. Therefore, she would be severely limited in any interaction with the Mexicans, from making friends to being employed. She does not have one single family member or friend in Mexico who would be able to ease the transition or help her out.
a. Good Character and Admissibility of Mr. Avila
Mr. Avila is a family-oriented man with high moral standards. He is extremely sorry for the pain and suffering that his unlawful presence in the United States has caused his wife, children and wife's family. Although he makes no excuses for his behavior, he would like to mention that it was out of character for him and he has never engaged in any other illegal activities. If given a second chance, Mr. Avila would respect all laws of the United States; not only in fear of reprisal, but also from a genuine love for the country and for his family.
Activities related to residing illegally in the United States of America express an isolated and unusual circumstance for Mr. Avila. He is deeply repentant, a changed man. He is goal directed, focused and thoroughly ethical and law-abiding. He presents no danger whatsoever to the interests of the United States of America. (See Attachments N & O)
b. Violence in Mexico
According to the Department of States travel warnings, Mexico City is not entirely safe for United States Citizens. (See Attachment P) United States Citizens are often victims of robberies, kidnappings and many other criminal activities. Mexico City is number one in the world of the number of kidnappings that take place. This would be a dangerous place for Mrs. Avila and her two children to live.
c. Air Pollution in Mexico
According to a Human Development Study, Mexico City has the most polluted air in the country and is one of the most polluted cities in the world. Its ozone levels exceed the World Health Organization standards 300 days a year. The air pollution results in more than a third of Mexico's disease burden. Government figures suggest that tens of thousands of people die prematurely because of health problems related to the smog that envelops the city for much of the winter period from November to May. Also, respiratory ailments related to air pollution were the cause of death for at least half of the more than 2,800 minors who died in a controlled study. (See Attachment Q) Mexico City's air pollution would put Mrs. Avila and her children at a huge risk of developing serious health conditions. If Mr. Avila is admitted into the United State, Mrs. Avila and her children will not be put at risk due to air pollution.
V. Summary
It needs to be emphasized that by issuing an approval of an I-130, the United States government has formally and legally recognized the validity of the marriage between Mr. and Mrs. Avila. It is well documented that family unity is an important value unpinning the raison d´etre of the United States of America and that actions to assure family unity are part of the intent of the United States immigration law (for example, see Title 8, Chapter 12, Subchapter II, Part II, Section I, pp. 64 and 65). Although it is a function of the law to provide legal definition and recognition to this marriage between Mr. and Mrs. Avila, it is clearly the intent of law to support the complex nature of marriage. In other words, in this and other genuine marriages there are multiple social, psychological, familial, economic, cultural, spiritual, etc. bonds, which are presumed by the law to exist conjointly with the legal presence of marriage. Support for these complex interacting marital bonds is a fundamental value of the larger society and a function of the law.
Because this is a full and complete marriage with intense emotional, social, familial, economic and spiritual ties, the reciprocal bond between Mr. and Mrs. Avila must be granted great weight while accessing what would happen to Mrs. Avila if Mr. Avila were not admitted to the United States. All extra hardships are built upon the base of significant, although unusual, hardships. In other words, it is of note that Mrs. Avila, Gabriel and Maya miss their husband and father painfully. Mrs. Avila is anxious about their future because it depends upon Mr. Avila's status. However, these are considered herein to be simply the backdrop of those other previously listed hardships that, individually and when combined and interacting, are severe. The enormous strain of being separated from her husband constitutes a powerful hardship on Mrs. Avila. The other hardships on top of this one culminate in her being potentially and actually subjected to extreme and unusual hardship.
These additional hardships include, but are not limited to, Mrs. Avila's elderly grandmother's fragile health conditions and reliance on her help that would prevent her and her children from living in Mexico with their husband and father. In addition, she would lose her career and her income if she were to leave the United States to be with her husband. Mrs. Avila would also be faced with imminent unemployment and without the possibility of providing for her children. These factors combined with her strong emotional bonds to her family in the United States would make it impossible for her to move to Mexico without severe and unusual hardship.
If Mrs. Avila, Gabriel and Maya were unable to live with their husband and father, greater hardship would be expected to arise. They would be unable to receive the support and love inherent in a true marital and father-child relationship. This creates an impossible situation, which is currently wearing on Mrs. Avila's state of being, desire to live and ability to function. It is tearing her into two very distinct halves and can only be resolved by the reuniting of these two parts in the United State of America. In short, if Mr. Avila is not admitted to the United States of America, Mrs. Avila would be placed in the midst of an impossible dilemma. Because the marriage has occurred in its full sense, profound forces (recognized at least implicitly by the United States government) would move her to leave her homeland. Yet, if she moves to Mexico, it would put her, her grandmother's health and her children's well-being at risk. Mexico is economically depressed, has poor health care (by United States standards), is extremely dangerous, has deadly levels of air pollution, has limited educational opportunities and cannot provide her with the employment opportunities necessary for her to fulfill her dreams and maintain her standard of living.
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