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,

search for letters at http://www.visajourney.com/forums/index.php?showforum=113 Many have been posted through the years for review and comments

imm2us should be up and running in a day or two

APPROVED, draft...

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.

APPROVED LETTER, unlawful presence

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


Last edited by spouse on Sun

APPROVED, CIMT

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.

Introduction

I met my fiancé, USC, a born United States Citizen, while visiting the continental United States, in Pennsylvania, during the month of September 2001. USC is the mother of two born United States Citizens, and divorced three years at time of meeting.

Upon one of my visits to the United States I got refused at the border due to my criminal history, charges stated above, I then proceeded to make the I-192 Waiver Application. This application was granted and I received the I-194 Entrance Waiver. I visited my fiancé and her children on occasion, last visitation from June 4th 2003 to August 28th 2003. During these visits we started to become more of a family.

Emotional

The emotional hardship that my fiancé (USC) will endure if this waiver application is denied will be nothing short of devastating. The current stresses of the entire I-192/I-194 waiver process, the K1 Visa process, and this subsequent I-601 Waiver has taxed my fiancé emotionally and physically. This emotional stress impacts two more United States Citizens, that being her two children. The emotional stresses that they have had (children’s names) Children of fiancé and both USC’s) through their lives with the divorce of their parents is nothing short of damaging. I have grown to love these children and have developed relationships with each of them. Denial of this waiver would bring them even more emotional stress then that of which they are dealing with now. This would bring untold harm to these children with direct emotional stress on their mother, my fiancé, USC. If USC was forced to move to Canada the then ensuing legal ramifications in a custody battle with her ex husband would shatter the children emotionally and bring extreme unknown debt and emotional trauma to USC, my fiancé, and her Children. (EXHIBIT “B”Letters from therapists)

Financial

The financial status of my fiancé (USC) is encumber some, with an outstanding mortgage of $***, and outstanding second mortgage of $*** and credit card debts of $*** , if she was forced to move it would be impossible for her to cover the debt because of her lack of education, employability in Canada, and currency exchange differences from Canada to the United States. This would also have adverse affects on her credit history, and her reputation as an accountable, responsible citizen. (Exhibit “G” Mortgage statement, Exhibit “H” Bank Loan, Exhibit “I” credit card statement)

Family

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.

Sincerely,


ALIEN’S SIGNATURE

APPROVED, unlawful presence
(Chile/Peru)

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 seco