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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    APPROVED: sample letters illustrating "extreme hardship" under I-601
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Senior Member
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APPROVED IN MEXICO, CON'T.



My Hardship letter that was Approved May 24, 2007

Name
Address

Husban's name
Case number

RE: Letter of Hardship of U.S. Citizen accompanying I-601 Waiver.

To whom it may concern:

I’m writing this letter to express the extreme hardship that I, X would suffer if my husband X was not permitted to come live with his wife and child in the United States of America.

The following are the extreme hardships that I would suffer if I were to relocate to Mexico to be with my husband.

Medical Hardships

Cesarean Section and Prenatal Care
When I was pregnant with our son X, I experienced serious complications. In the second and third trimesters of my pregnancy I was diagnosed with Gestational Hypertension. This is when after the 20th week of your pregnancy you develop very high blood pressure, which you don’t have normally. Having Gestational Hypertension also puts you at an increased risk for other complications, such as: Preeclampsia, Intrauterine Growth Restriction, Preterm Birth, Placental Abruption, and Stillbirth. You have to be monitored very closely if you have Gestational Hypertension. Two things that your doctor will watch for are: that your baby is growing well and that you have a normal amount of amniotic fluid. At my 37 week checkup my uterus had not gotten any larger and I was put in the hospital for tests and constant medical surveillance. I was given an ultrasound which confirmed that I had Oligohydramnios, which is low amniotic fluid (Exhibit L- Printout of Definition). Because this is very dangerous for the baby, I was induced into labor, but was unable to make progress and had to have a Cesarean Section. I now have a surgically scarred and weakened uterus. (Exhibit A- Letter from OB/GYN) (Exhibit M- Printout on Gestational Hypertension)

I will need to have excellent prenatal care available to me in any future pregnancies. I will not be able to get routine checkups and doctors’ visits in Mexico because we would not be able to afford it on a Mexican income. I know that I can get that care in the United States. If I were to relocate to Mexico, I would not be able to get that standard of care and that would put my life and the life of my baby at risk. I speak and understand very little Spanish and therefore would be unable to communicate with the doctors in Mexico. They wouldn’t know about any of my previous medical history. When lives are at stake you cannot afford to leave room for misinterpretation. In Mexico the maternal mortality rate is 55 per every 100,000 women (Exhibit N- Printout). The infant mortality rate is 21.69 babies per every 1,000 live births in Mexico (Exhibit O- Printout). I do not want to have those odds against me and the lives of my future children. I’m a United States Citizen and I deserve to have the advantage of the quality healthcare that the United States of America has to offer (Exhibit J- Birth Certificate).

Healthcare for our son X
My husband and I want the best healthcare for our child. We believe that our son will get better health care in the United States than in Mexico. It is very important that children have regular checkups and get proper immunizations. X’s pediatrician also believes that it would be best for him to stay in the United States and that he needs to have his father here with him (Exhibit B- Letter from Pediatrician).

Hernia
Our son X has undergone a Bilateral Inguinal Hernia Repair on August 26, 2005, when he was only two months old (Exhibit G). An inguinal hernia is when a section of intestine protrudes through a weakness in the abdominal muscles. Inguinal hernias occur in 10% of all male children. One of the risk factors is having a parent or sibling who has had an inguinal hernia. Our son had one so that would increase the chances of it occurring in any future children. Some inguinal hernias can be very dangerous if left untreated. An incarcerated hernia is when a loop of intestine can become strangulated in the hernia, causing loss of blood supply to the intestine. These are very dangerous and can result in gangrene. This is a life-threatening condition requiring emergency surgery. It would be better for X and any future children to have access to the best healthcare available. To live in a place with poor, unreliable health care would be putting our children at risk. As a US Citizen I know that we have some of the best healthcare in the world. Our family needs to remain in the USA, so we can have the best doctors and facilities available to us. (Exhibit P and Q- Printouts on Inguinal Hernias)

Educational Hardships

X’s education
We want the best of education for our son. There are so many opportunities in the USA for a good education. Education in the United States is superior to education in Mexico. We have more choices here. In Mexico the school life expectancy for males is 11.6 years (Exhibit R- Printout). The percentage of 15 year-olds in secondary education is only 52% in Mexico versus 91% in the United States (Exhibit S- Printout). Chances are my son would have to quit school as a teen to help his family work in the fields. This is common in rural Mexico and is also what his father and uncles had to do when they were growing up. This is not the life I want for my son. He is a United States Citizen and deserves all the opportunities I had growing up in the U.S. A. (Exhibit K- Birth Certificate). I want my son to be able to graduate from high school and go to college, where he can earn a degree and have a world of opportunities available to him.

I would like to send my son, X to a Private school. This would be impossible if we had to live in Mexico in my husband’s home town. There aren’t any Private schools there and if there were we could NEVER afford to send him on Mexican wages. He would never be able to attend college either.

Financial Hardships

Income
If my son and I were to relocate to Mexico to be with my husband we would become very poor people. The only job for my husband to get where we’d live would be as a field hand. In that area they make roughly 40 U.S. dollars a week or less. In fact 37.7% of the Mexican Population lives on less than 2 dollars a day (Exhibit T- Printout). There’s no way that we could afford the things that we need on that level of income. We couldn’t afford visits to the doctor for our son X. If I were to become pregnant it would be all we could do to pay for the hospital bills, let alone prenatal visits. The money my husband would make would barely cover the cost of food. We’d hardly be able to buy clothes for our son. There’s no way that we could possibly save money towards anything. There’d be no retirement, no ever getting to see my family, nothing but bare survival.

Car/school loans

I need my husband to be able to live and work in the U.S. so that we can pay off our debts.

I currently have a car loan that has an amount of $X dollars left to pay (Exhibit H). There is no way that I could pay for the rest of this car by myself. I could not afford this living and working on my own in the U.S.A. There is no way that we could afford to buy a car in Mexico. If we were to relocate to Mexico our family would not be able to have a good dependable car for transportation.

I also still currently owe $X on a school loan (Exhibit I). This would also be another bill that I could not afford on my own without my husband working in the U.S.A. and making a reasonable living.

Family Ties

Distance from Relatives
I don’t have any relatives who live very close to me. My parent’s are missionaries in Nulato, which is a small native village in Alaska. The cost of flying to Alaska is high from within the United States. It is also very expensive to fly out to Nulato from one of the larger cities in Alaska. Depending on what city it’s probably $X to $X dollars round trip. If I had to fly from Mexico all the way to Nulato it would be impossible to afford on a tiny Mexican income. The chances of me and my son ever seeing my parents would be slim to non existent.

This would be an extreme hardship for my parents to never be able to see there daughter and grandson. (Exhibit D and E- Letters from Parents of Petitioner)

Grandparents
My grandfather X is 76 years old and his health has been declining these past few years. He has severe Arthritis in his back and hip, Cardiovascular Disease, and Asthma. It is very difficult for him to get out of his house. He can only walk short distances with a walker. This makes it nearly impossible for him to travel any distance. (Exhibit C- Letter from Grandfather)

My other grandfather, X, has recently been diagnosed with Prostate Cancer. He is 82 years old.

My only living grandmother, X, has severe Osteoporosis. She had 65% bone loss on her last bone scan. She has to be extremely careful about what she does, because she is prone to stress fractures. She also suffers a lot of pain in her spine and hips.

If I were to relocate to Mexico to be with my husband it would be impossible for me to ever afford to go see any of my extended family. If my grandparents health worsens, there’s no way that I could go see them. I would never have a chance to see any of them again.

Mental Hardships

I don’t speak Spanish
It would be very difficult for me emotionally and mentally to have to live in Mexico. I speak almost no Spanish and it would be impossible for me to communicate with other people there. I wouldn’t be able to have any friends or anyone to talk to and would feel incredibly isolated. Just going to the store to buy food would be very difficult. I would end up being stuck in my house all day with no communication with the outside world.

Dislike of food affordable in Mexico
I have a high intolerance for spicy food. It is near impossible for me to eat peppers, tomatoes, and onions. Since these make up an important part of the diet in Mexico, especially if you are on the poorer side, it would make it very difficult for me to find things that I could eat, and my health would likely decline.

Cannot drink the local Water
I have gone to Mexico a couple times in the past and I’ve always had to drink bottled water. Any time that I’ve ever drank the water in Mexico I have become incredibly sick with what is called Travelers’ Diarrhea (also known as TD) (Exhibit U- Printout). It is caused by bacteria, parasites, or viruses in the water. Mexico is considered a high risk area for TD (Exhibit V- Printout). If I were to relocate to Mexico, I would have to buy bottled water everyday for as long as I lived there. This would become very expensive and impossible to afford.

Religion Hardships

I’m a Christian
I am an Evangelical Christian. I am raising our son as a Christian. We attend El Mensajero de Vida Church on a regular basis (Exhibit F- Letter from Pastor). They have services in both Spanish and English. Having fellowship with other Christians is an important part of my faith. There are no Evangelical Churches in the area of my husbands’ home in Mexico. It would be a great hardship on my son and me if we were unable to attend an English speaking church.

Mexico is a Catholic country. My husband’s family is Catholic. They have already put pressure on us to have our son baptized in the Catholic Church. It would be extremely hard living with people that don’t respect my faith or beliefs. In the United States we are free to choose our own religion and there are plenty of different Churches available to you.

Cannot stay in USA without X

These are the following reasons why I would be unable to support my son and me in the United States of America if my husband was unable to be here with us.

If my husband is unable to return to the United States, I would have no way to support myself and our son. I’m currently a stay at home mother because I believe that’s what’s best for our son and as long as we can afford it that’s what I will continue to do. If my husband X could not live and work in the U.S.A. I would have to go back to work. I only have a high school education, so chances are that if I had to return to work, I would only make the minimum wage, which is $X an hour or maybe slightly higher. There is no way at that I could support my son and me on that kind of an income. Our current living expenses are: $X for rent, $X for a car loan, $X for car insurance, $X more or less for electricity every month. That does not include other things like: TV, food, gasoline and all the other necessities. The only way that I would be able to communicate with my husband would be over the phone, so my phone bill would be incredibly expensive. I would also have to pay for child care for my son, which would be another $X dollars a month. There’s no way that I could afford this all by myself.

I do not have the option to go live with any relatives to help me with bills. My parents live in a remote village in Alaska with only 365 people. There are no jobs there, no restaurants, hotels, stores, or businesses of any kind where I could get a job. The village is off of the road system and you can only get there if you fly in a small bush airplane. This would make it impossible for my parents to help me with either a place to live or with childcare.

I would also never be able to save up enough money to go visit my husband. I would never be able to see my husband and our son would never be able to see his father. There’s no way that we could live without ever being together as a family. I would be forced to go live in Mexico and suffer the extreme hardships that I have explained above.

Hardships from being separated from X
If I had to be separated from my husband X for long periods of time it would be very straining on my mental state. I can’t even begin to imagine how I could live without him everyday. Just the thought of being separated scares me horribly.

A son needs to be with his father. It would be very hard on our son X, who is a United States Citizen, to have to grow up without his father here with him. X needs to have his father, to have a role model. For my son to grow up and develop into a healthy, productive citizen, he must have his father with him in the home.

Summary
It would be horrible for me to have to relocate to Mexico. It would be dangerous for my family medically to live in Mexico. I want my family to have the best of healthcare. I also want the best education for my son and there’s no way that we could provide it for him in Mexico. These things are so important to me and for my family not to be able to have them would be very depressing for me. I could never be happy in Mexico. I would be so isolated and alone that I think I would go crazy. How could I ever live with no friends, no social life, never being able to see my family, and never being able to communicate with anyone? The loneliness would be excruciating.

It would also be impossible for me to stay in the United States without my husband. Financially I would never be able to support myself and my son. I can’t even imagine how I could live without X, who is the love of my life. It scares me and is so depressing just thinking of it as a possibility. I feel like all the happiness in my life would leave with my husband. I could not bear to raise my son without a father. He needs to have his father with him.

My husband and I have so many dreams. Someday we want to buy a house, to make a good home for our family. Dreams like this cannot come true in Mexico. We would never be able to have the home we dream of. There would never be a nice house and good reliable vehicles. My husband only wants to work hard and provide for his family. I want for us to be able to plan on his retirement one day. There would never be any retirement in Mexico. We could not give our children all the opportunities that we want them to have; opportunities that are only available in the United States of America. I want for my family to live in my home country; the country where I was born and the country that I love. I’m pleading with you to please approve this waiver so that these dreams can come true. Please give my family the opportunity to be happy, grow, and prosper in the United States of America.

Sincerely,


My name



Table of Contents

Exhibits:

A- Letter from OB/GYN (OB's name)

B- Letter from Pediatrician (pediatricians name)

C- Letter from Grandfather (grandfathers name)

D- Letter from Father (fathers name)

E- Letter from Mother (mothers name)

F- Letter from Pastor (El Mensajero de Vida Church)

G- Schedule and Discharge Instructions for Sons’ Inguinal Hernia Surgery

H- Account balance statement from Wachovia Bank for Car Loan

I- Account balance Statement on Education Loan

J- Copy of Petitioners Birth Certificate

K- Copy of Petitioner and Beneficiary’s Sons’ Birth Certificate

L- Printout on Definition of Oligohydramnios http://www.medterms.com/script/main/art.asp?articlekey=4627

M- Printout on Gestational Hypertension http://www.babycenter.com/refcap/pregnancy/pregcomplications/1427402.html

N- Printout of Maternal Mortality Rate by Country (Mexico highlighted) http://www.nationmaster.com/graph/hea_mat_mor-health-maternal-mortality

O- Printout of Infant Mortality Rate by Country (Mexico highlighted) http://www.nationmaster.com/graph/hea_inf_mor_rat-health-infant-mortality-rate

P- Printout information for Inguinal Hernias (University of Virginia) http://www.healthsystem.virginia.edu/uvahealth/peds_urology/inghern.cfm

Q- Printout information for Inguinal Hernias (Medline Plus) http://www.nlm.nih.gov/medlineplus/ency/article/000960.htm

R- Printout of School Life Expectancy for Males by Country (Mexico and USA highlighted) http://www.nationmaster.com/graph/edu_sch_lif_exp_mal-e...life-expectancy-male

S- Printout of Proportion 15 year-olds in secondary education by Country (Mexico highlighted) http://www.nationmaster.com/graph/edu_pro_of_15_yea_old...-year-olds-secondary

T- Printout of Population under $2 a day by Country (Mexico highlighted) http://www.nationmaster.com/graph/eco_pop_und_2_a_day-e...pulation-under-2-day

U- Printout on Travelers’ Diarrhea (Centers of Disease Control and Prevention) http://www.cdc.gov/ncidod/dbmd/diseaseinfo/travelersdiarrhea_g.htm

V- Map of Risk Areas for Travelers’ Diarrhea (Mexico is a high risk area) http://www2.ncid.cdc.gov/travel/yb/utils/ybGet.asp?sect...htm&cssNav=browseoyb
 
Posts: 846 | Registered: 06-09-2007Reply With QuoteEdit or Delete MessageReport This Post
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APPROVED IN MEXICO, CON'T.



Here is ours.....I hope I got our name out everywhere!! LOL


Via Hand Delivery

DATE

U.S. Department of Homeland Security
U.S. Citizenship & Immigration Service
U.S. Consulate General
Avenida López Mateos 924 Norte
Ciudad Juárez, México

RE: JON DOE (Applicant)
Form I-601 Application for Waiver of Grounds of Excludability

Dear Sir or Madam:

Determination of extreme hardship is a discretionary act. In fact, the language of INA §244(a)(1) commits the determination to “the opinion of the Attorney General.” Because extreme hardship is not expressly defined in immigration law, various factors are considered in ascertaining whether a waiver of inadmissibility should be granted. The factors identified as relevant by the Board of Immigration Appeals include, but are not limited to: (1) the presence of lawful permanent resident of United States citizen family ties to the United States; (2) the qualifying relative’s family ties outside of the United States; (3) the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to such country; (4) the financial impact of departure from the United States; (5) disruption of educational opportunities; and (6) significant conditions of health, particularly when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate. While the list seems lengthy, not all of the foregoing needs to be present in every case.

By submitting this packet, we respectfully request that the Consulate General consider the aforementioned factors in determining that JON DOE is deserving of a favorable exercise of discretion and an approval of a waiver of inadmissibility.

PRESENCE OF LAWFUL PERMANENT RESIDENT OR UNITED STATES CITIZEN TIES TO THE UNITED STATES

On February 15, 2003, JON DOE married JANE DOE, a United States citizen. JANE DOE has immediate and extended family ties in the United States, including her parents, a sister, two nieces, and a brother. Mrs. DOE does not know “what [they] would do... without [her].”

JANE DOE’s family is very close-knit. JANE DOE has lived her entire life in central STATE, as has most of her family. JANE DOE’s great aunt is eager for JON DOE to resolve his immigration status so that he and JANE DOE, as well as JANE DOE’s family, can “be emotionally at peace.” JANE DOE’s grandmother writes that she “want[s] [JON DOE and JANE DOE] to be together always,” and would be devastated to learn that her granddaughter must leave the United States to live in Mexico.

While JANE DOE is clearly devoted to each member of her family, her relationship with her sister stands out as being particularly strong. JANE DOE first told her sister about her feelings for JON DOE, and later traveled to Mexico with her. Unfortunately, JANE DOE’s sister’s “marriage is tumultuous.” JANE DOE serves as her sister’s confidant, the individual to whom she turns for emotional support in times of need. JANE DOE is also extremely committed to her sister’s two daughters. She is certain “it would be very hard for them if [ ] JON DOE had to stay in Mexico,” and “it would be twice as hard if [she] were forced to join him” there. In fact, JANE DOE’s sister admits that her daughters “love their Uncle JON DOE,” and that it “would be very hard on [her].”

JON DOE and JANE DOE are also the proud new parents of SON DOE, born in CITY on DATE at TIME . SON DOE weighed 6 pounds, 3 ounces and measured 19 inches in length.

FAMILY TIES OUTSIDE OF THE UNITED STATES

JANE DOE traveled to Mexico in March of 2004. She went alone to meet able to teach her at home. Luckily, JANE DOE had a “great trip” and “fell in love with [ ] JON DOE’s family,” but acknowledges that while she had the courage to travel to Mexico on vacation, she could never live there permanently.

JANE DOE’s ties are to the United States; it is all she has known her entire life. Although she is willing to journey there temporarily to visit her husband’s family, she has no desire to relocate in Mexico.

COUNTRY CONDITIONS – MEXICO

A glimpse at the country information on Mexico reveals that it is not always an easy place for Americans to travel, let alone relocate and assimilate. The Department of State warns Americans planning to go to Mexico, “Standards of security, safety and supervision may not reach those expected in the United States.” It goes on to state, “Crime in Mexico is at high levels and is often violent… [because of] low apprehension and conviction rates of criminals.” Amnesty International confirms that “Crime [in Mexico] increase[s] public safety concerns for many sectors of society.”

One of the most prevalent forms of crime in Mexico is kidnapping, which goes beyond traditional notions of abducting children to include adults as well. Unfortunately, “kidnapping, including the kidnapping of non-Mexicans, continues at alarming rates. So-called ‘express’ kidnappings, an attempt to get quick cash in exchange for the release of an individual, have occurred in almost all the large cities in Mexico and appear to target not only the wealthy, but also middle class persons.” Clearly, JANE DOE, a middle class American citizen who speaks limited Spanish, would be a likely target for Mexican criminals.

Crime is not the only problem JANE DOE may face if made to relocate to Mexico to be with her husband; unemployment poses another obstacle. While the CIA World Factbook reports unemployment in Mexico at only 3.2% , it is important to realize that the Mexican government’s statistics-gathering agency considers “any person who has worked at least one hour for monetary compensation during the previous one-week period” to be employed. Therefore, the astonishingly low unemployment rate is probably incorrect. Actually, “Mexico is not currently included in [OECD’s] unemployment comparisons due to standardization conflicts.” If Francisco Herrera, a Mexican plumber in his late 40s who has been in the business for over 28 years, struggles to support his wife and two children when, “some weeks, [he’ll] just get one little job, no more than a couple of hours, and make 150 or 200 pesos (US$14.00 or $18.00), ” it will be impossible for JANE DOE to obtain gainful employment. Essentially, JANE DOE would need to leave her position as Administrative Assistant atPLACE OF EMPLOYMENT, which she has held since her graduation NAME OF COLLEGE in August of 2004, and go to a country where work, let alone stable work, is scarce. JANE DOE’s father is correct; he writes, “JANE DOE has a decent career path started, which could not be duplicated if she were to live in Mexico.”

FINANCIAL IMPACT OF DEPARTURE FROM THE UNITED STATES

The DOES could be negatively impacted by departure from the United States in one of two ways: on one hand, if JANE DOE is forced to go to Mexico, she will have to break a residential lease, leave bills unpaid, and will not find lucrative employment in a Spanish-speaking country; on the other hand, if JON DOE is compelled to remain in Mexico, JANE DOE and their new baby will simply not survive on her income alone.

If JON DOE is forced to remain in Mexico and JANE DOE then needs to relocate there to live with her husband, they will have to unwillingly abandon financial obligations in the United States. On August 28, 2004, the DOES entered into a residential lease and committed themselves to paying US$700.00 per month. In addition to rent, the DOES are obligated to pay renters’ insurance. Other financial commitments include an automobile loan, automobile insurance, fuel, telephone service, and groceries. Also, JANE DOE has outstanding student loans totaling nearly $4,000.00. JANE DOE is 23 years old. She has spent the most recent years of her life studying and working to be able to eventually purchase a home and build a family. Her dream is finally materializing, but will be tragically shattered if she is made to move to Mexico to be with the man she loves.

Part of the reason JANE DOE has been able to assume so many financial obligations is because her husband was working to contribute to their expenses. In 2005, JANE DOE earned $12.00 per hour as an Administrative Assistant at The EMPLOYER Company in CITY, STATE. JON DOE worked as a waiter at Cancun Mexican Restaurant from the time he arrived in the United States in 2001 until he departed for Mexico; the location of his employment was near Castleton Square Mall, one of the city’s most successful shopping centers, and therefore, JON DOE was fortunate to earn consistently high tips. JANE DOE’s grandmother emphasizes the importance of JON DOE’s financial contributions when she writes, “I just knew he would take good care of my granddaughter, JANE DOE, and he has…. They never ask for help.” JANE DOE would not survive financially without her husband’s assistance.

DISRUPTION OF EDUCATIONAL OPPORTUNITIES

JANE DOE applied herself intellectually and successfully obtained her degree from COLLEGE in 2004. JANE DOE is eligible to pursue a graduate degree and higher earning potential; if she is forced to relocate to Mexico, her educational dreams will come to a halting end and she will be denied the opportunity to grow intellectually and achieve her educational goals.

JON DOE does not want to return to the United States and continue to be a waiter; he is planning to enroll in automotive college to become a mechanic. There are many well-respected automotive programs in STATE that can help JON DOE jump start a rewarding career in the automotive industry. If JON DOE is required to live in Dolores Hidalgo, a small colonial city, he will likely struggle to find an equivalent educational program, and later, a similar career.

SIGNIFICANT CONDITIONS OF HEALTH, PARTICULARLY WHEN TIED TO AN UNAVAILABILITY OF SUITABLE MEDICAL CARE IN MEXICO

Unfortunately, JANE DOE suffers from a serious medical condition called vesicoureteral reflux. Vesicoureteral reflux is the abnormal flow of urine from the bladder back into the uterus. Severe infection is a common symptom of JANE DOE’s condition, and she is no stranger to infirmity. She has been under the constant supervision of Steven Steinkeler, M.D. at HOSPITAL and Health Services in City, STATE since November 2001. DOCTOR reported that JANE DOE has “scarring on her upper [urinary] tract.” His goal is to prevent further damage to JANE DOE’s kidneys; JANE DOE’s infections must be treated with medication immediately upon her discovery of them to prevent her condition from worsening.

Receiving adequate and timely treatment from doctors who are familiar with JANE DOE’s condition would be impossible if she were living in Mexico. Additionally, JANE DOE takes prescription Macrodantin, a drug specifically designed to treat urinary tract infections when due to susceptible strains of Escherichia coli, enterococci, and Staphylococcus aureus. It is unlikely that pharmacies in Mexico carry this and other similar medications she may need.

Vesicoureteral reflux is not the only medical condition JANE DOE has experienced. In March of 2005, she underwent a great loss when she miscarried the couple’s first child. Her OB/GYN notes that “her progesterone was always low” and that “her HCG never got over 12 through the blood work.” Progesterone is recognized as a vital female hormone central to successful conception and healthy pregnancy. Clearly, JANE DOE had difficulty sustaining her first pregnancy. She is most certainly likely to encounter similar problems again in the future. JON DOE and JANE DOE want to ensure that they have access to the best reproductive health providers and specialists so that they may continue to have children.

It is imperative that JANE DOE remain in the United States if she and JON DOE hope for her health to stabilize.

Additionally, SON DOE was born healthy, but has since suffered from jaundice, a severe eye infection and high fevers. Jaundice occurs when there is a build-up of a naturally present substance in the blood called bilirubin. As bilirubin builds up, it deposits on the fatty tissue under the skin, causing the infected baby’s skin and eyes to appear yellow. JON DOE’s physicians treated his jaundice with a biliblanket, a system that utilizes fiber optics and provides a high level of therapeutic light to treat the infant. Unfortunately, after being on the biliblanket, JON DOE’s temperature rose to 100.2º, and he was taken to the emergency room for treatment.

JON DOE and JANE DOE, along with their newborn son, are a lovely family. They very much hope to build a future together in the United States and will certainly contribute much to society in general and the CITY community more specifically.

In light of the above, we thank you for your favorable consideration of this matter. If you require any additional information or documentation, please contact our office.

Sincerely,
 
Posts: 846 | Registered: 06-09-2007Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
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Posted Hide Post
APPROVED, MEXICO, CON'T.



I had attached 29 Exhibit. and It is very important to included edvidence.


U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services

American Consulate General
Ciudad Juarez, Chin., Mexico
P.O. Box 9896
El Paso, Texas 79905-9896

RE: CDJ2006573497
Applicant: XX Castillo
Application for Waiver of Grounds of Excludability (I-601)
Claim of Extreme Hardship to U.S. Citizen Spouse


Dear Sir or Madam:

I am a U.S. citizen urging the immediate Waiver of Grounds of Excludability (I-601) so that my husband XX may join me, and our daughter XX in XX as soon as possible. Our health, employment and educational opportunities, economic solvency, and familial ties prevent us from living in Mexico with my husband. However, at the same time, I would be compelled by the strength of our marital bond and the parental bond of our daughter to do so. While I have much to say, I understand and respect that your time is valuable; therefore I have outlined the points I feel I most need to make and have attached my research at the end. I am more than willing to speak with you in person should you have any question or need me to elaborate.

Our Family Background

My husband and I met from work in the year of 2001. During the time we dated, I immediately fell in love with his personality, loyalty. Being a broken heart person at the time it meant the world to me to know that husband not only cared about me but for my family as well. As our relationship grew I realized that my husband was “the one” that I had been praying to God to send my way. We married at the XX Court House and exchanged our vows to be witnessed by our close family and friends. We soon gave birth to our daughter, XX. We were both eager to become good parents and provide a loving home and caring environment in which of our child could feel safe. It breaks my heart knowing what extreme and unkind hardships that will be created if our family is separated.


Health

Psychological
Since learning that my husband will be leaving the U.S. with a 10 years bar and would have to apply for an unguaranteed re-entry, I began an emotional and physical downward spiral. I immediately went to see my physician, XX, M.D., to discuss my stress and anxiety. I having high anxiety levels that I am doing my best to maintain with therapy sessions. (See Exhibit 1) I also have high level of stress. If I cannot eliminate the stress (ie: have my husband back), I will suffer from headaches, back pains, insomnia, these attacks will continue and worsen, leading to depression which at extreme levels could lead to suicide. (See Exhibit 2) Because my high level of anxiety, I also suffer from insomnia. Even with medication, (See Exhibit 3) I find that I cannot function as a normal person should. (See Exhibit 4) I sleepless almost everyday, which impedes me from carrying out my daily functions as a mother, wife and employee. I continue to suffer severe stress and anxiety, honestly, have wished to die in order not to deal with the possibility of losing my family. During my battle with stress and anxiety, XX has been a rock, my savior, never making light of the matter and always providing the support and love I need. He makes sure I always take my medication. He is such a good man. Without the knowledge that my family will be intact I fear my life will go completely dark. (See Exhibit 5)

Future Pregnancies and Gestational Diabetes
I was diagnosed with gestational diabetes. (See Exhibit 16) This condition increases the risks to my health, as well as that of any future children. The risks of gestational diabetes to the child include: damage to the baby’s shoulders well as my future child with future pregnancies. The risks of gestational diabetes including damage to baby’s shoulders during births, very low blood glucose levels at birth and higher risk for breathing problems. Babies with excess insulin become children who are at risk for obesity and adults who are at risk for type II diabetes. Also, because the gestational diabetes condition will makes big baby, I may have risk of a cesarean section birth that very large babies may require. I may develop Type II diabetes, if I am not treating this condition. (See Exhibit 17) If I do not receive the proper medical care for this condition in my future pregnancies, I may loss my child. If I were to relocate to Mexico I would be greatly concerned on finding a qualified physician to treat my condition. Not only would there be a language barrier, but a lack of trust in the patient and physician relationship.
XX and I are anxiously awaiting the day that we will be blessed with children again. This would be extremely difficult for me if living in Mexico, not to mention an extreme hardship. I have been seeing my current OB/GYN for over 3 years and I feel extremely comfortable with him. Due to my gestational diabetes problems I would feel much more confident being in his care while pregnant. If I was to deliver our children in Mexico I would face many problems causing me much more worrisome nights than necessary. One, I do not speak Spanish so I would be unable to communicate my concerns accurately with nurses and doctors. Two, I would be extremely uncomfortable with someone I had no prior relationship with. My health insurance also covers a very large part of maternity costs. I would be unable to afford the same kind of care if I living in Mexico.

XX and I desire to have more children. I most likely will have to undergo another treatment with Dr. Philip, a price I am willing to “pay” for more children. It is important for skilled care and to have confidence in the medical care one received from Dr. Philip. He is well aware of my medical history. It is also important for my husband and me for our children to be naturally-born US citizens, the land of opportunity.

Also, Stress will cause higher blood sugar. This will cause further risk for my future pregnancies. (See Exhibit 18).

Risk of Heart Disease
My grandmother suffers from heat disease, and my father and grandfather died due to cancer. I may be at genetic risk of developing all of these. My grandmother is currently being treated for heart problems (See Exhibit 6). According to the National Institutes of Health (NIH), heart disease is increased by long-lasting stress and a family history of heart disease (See Exhibit 7). Due to my recent diagnosis and the long-lasting stress of this immigration proceeding, I am at risk for developing heart disease. In addition, I am having high blood cholesterol and high blood Glucose. (See Exhibit These will greatly increase my risk for heart disease. (See Exhibit 9)

If this situation continues the consequence will result in significant deterioration of health problems for me which would be life threatening. Blood cholesterol and Blood Glucose are known to vary with emotional and psychological states. High blood cholesterol and high blood glucose can cause stroke which would lead to paralysis, speech problems and even death. (See Exhibit 10)

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 me (on the assumed basis that I was forced to move to Country). My score on this instrument was “365 “. On the other hand, if XX were admitted to the USA my score would drop dramatically to 128. (See Exhibits 11) If I am forced to move to Country, I am 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. I am 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 me. 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 I am 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 I am dealing with every day.

If I am forced to move to Mexico, I am clearly within the highest-risk range of developing medical illness or injury in the two years following her move.

Daughter’s Health Concern Increase my Stress and Anxiety
After knowing that I need to move to Mexico, if my husband don’t get approve, My stress and amenity level are increase dramatically for concerning the health of my daughter. The healthcare system in Mexico is not comparable to the standards of healthcare in the United States. (See Exhibit 12) My child currently receives pediatric care by Dr. XX. She had to visit Dr. XX constantly due to frequent health problems. Repetitive ear infection is one of the health problems my baby suffered. (See Exhibit 13). Ear Infection also called otitis media. Seventy-five percent of children experience at least one episode of otitis media by their third birthday. Almost half of these children will have three or more ear infections during their first 3 years. It is estimated that medical costs and lost wages because of otitis media amount to $5 billion* a year in the United States. Otitis media not only causes severe pain but may result in serious complications if it is not treated. An untreated infection can travel from the middle ear to the nearby parts of the head, including the brain. Although the hearing loss caused by otitis media is usually temporary, untreated otitis media may lead to permanent hearing impairment. Persistent fluid in the middle ear and chronic otitis media can reduce a child's hearing at a time that is critical for speech and language development. Children who have early hearing impairment from frequent ear infections are likely to have speech and language disabilities. (See Exhibit 14). We have established a trusting relationship with Dr. XX over the years and would be very difficult to replace such a knowledgeable and caring physician. (See Exhibit 15) During the emergencies we have had with my child, his assessment skills and treatments have been out of this world. Dr. XX is very thorough during his wellness exams and answers any question and concerns. He has also communicated to me via phone during non-operational hours regarding the concerns I have had with my child and has provided exceptional advice. If we were to relocate to Mexico there would be no physician that could replace the qualifications that Dr. XX demonstrates in the United States. The language barrier would also complicate my children to establish a trusting relationship with a physician in Mexico that can not communicate in English. Thus being said, it would be impossible to continue excellent health care for my child if we were to relocate to Mexico.

Health care Concern
If I live in Mexico, where my husband is from, the closest hospital would be located in Chilapa, which is at least 2 hours away. If I am forced to live in Mexico, my life and all of our children’s lives will be placed at risk. Please don’t force us to be in this situation.
I have researched the possibilities of getting Medical care in Mexico and even though it may be fair to good or even excellent in some limited areas, the truth is there is a great lack of proper women’s healthcare in Mexico. According to world health statistics Mexico ranks #1 in percentage (15.3%) of females living in ill-health. “In the largest cities, excellent specialty-trained physicians and high technology tertiary-care medical centers compete with similar U.S. centers to provide care for Mexico’s wealthy. At the other end of the spectrum, large numbers of unregulated and unsupervised private physicians, often without residency training, work out of individual “clinics” to deliver health care mostly to the uninsured, who can afford to not use the underequipped and understaffed Ministry of Health facilities.” (See Exhibit 19) The existence of affordable healthcare, properly trained or specialized physicians – such as an Interventional Radiologist or a Gynecology Oncologist, and up to date radiology equipment such as Mammography, MRI, Ultrasound, etc. would not be readily available for me without an incredibly substantial amount of income. fibroids.”

As stated above, I have a critical need for constant follow-up of my medical conditions with advanced procedures such as MRI’s, Ultrasounds, Saline Infusion Sonohysterography, Mammography and regular examinations by highly trained specialists as is an Interventional Radiologist and Gynecology Oncologist. I have already established a relationship with my physicians and feel extremely comfortable and confident in their care. Although I consider myself biligual, the truth is medical terminology in Spanish is foreign to me and it would be extremely difficult for me to express myself or explain to new doctors what has already been done for me here in the U.S. As you can see, it would be extreme and it would cause me an extreme hardship to relocate to Mexico.

My health problems need to be accustomed to diagnosing, treating, even preventing such conditions as well as many others. A move to Mexico would translate into us having to find new doctors, familiarizing them with our histories (something that will not easily done due to language barriers). While I am familiar with and have confidence in the health facilities and procedures in the United States, I am unsure about, unaware of the availability of, and have my reservations about the health care in Mexico. Currently, my employer provides my family’s health insurance. This insurance typically covers the majority of our health care costs. It also provides prescription drug coverage. (See Exhibit 20) According to travel.state.gov, (See Exhibit 21) health insurance from the United States is not applicable in Mexico. While health insurance may be available, due to my financial status if I move to Mexico, I will be unable to maintain health insurance coverage; therefore I may have to forgo health insurance while I live there.

Here in the U.S., I am not only confident that I will have the expert care I will need and access to advanced medical facilities, but I also have excellent insurance through my employer which will cover my medical expenses. However, without my husband’s financial support (which is impossible to provide from Mexico, I would not be able to afford having a baby, especially if I am ordered to bed-rest throughout the pregnancy (therefore unable to work) to prevent pre-term delivery. Additionally, I can not raise a child alone, when my husband, who is my greatest source of emotional support and would be my only source of financial support, is far away from me. This would be an extreme hardship for me, as well as for my child who would have to grow up deprived of his/her father.


Loss of Employment Opportunity

I have a Mater’s degree in Accounting and Information System. I worked hard attending six years of University studies. (See Exhibit 22) I trained to work in the area of accounting services. If I forced to re-locate to Mexico, it would be impossible to work as a revenue examiner related to the language barrier, for I do not speak Spanish, much less a job in the area of studies that I dedicated my life to. The matching salary would not be comparable to the salary I make in the United States. (See Exhibit 23) I have established great friendships with many co-workers. If I were to relocate, I would loose all of my retirement, healthcare benefits and excellent potential for moving up from the state revenue department which are not replaceable. (See Exhibit 24) I would like to continue to provide the best service to the taxpayers and to the department personnel. If I quit my career to move to Mexico and be with my husband, it is unlikely that I will be able to find a job (due to lack of training, language barriers, and the overall economic situation in Mexico.) Also, as the laws and regulation the state revenue department are in constant change, any time away from my field will be detrimental to my employability upon my return to the U.S. in obtaining similar employment. An extreme hardship will arise if I were to abandon my profession as I will not be employable after a 10 year return and will lose my retirement and social security contributions.
This would make my predicament even graver and would impact aspects of my 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 my daughter possibility of a decent life. This would be an extreme hardship to me because I desperately want to be able to provide for my children. Mexico can not provide me with employment opportunities as a revenue examiner necessary for me to fulfill my dreams and maintain my family’s standard of living.

Financial

Adjusting my husband’s immigration status has been financially stressful. I worked long extra hard hours to replace the amount of money spent on immigration fees, lawyer fees, travel fees, and preparing for the separation time while the I-601 is being processed. Relocating to Mexico would be financially distressing because of the debt I owe in the United States. My bills consist of a mortgage payment, a car payment, student loan, credit card, utility bills, insurance bills, and medical bills. (See Exhibit 25) I would not be able to afford to make the minimum monthly payment towards these bills if I were to relocate to Mexico. Because the financial difficulties, I would be unable to purchase plane tickets to go home to visit (tickets cost between US$500-US$1000 round trip), or even pay for the international calls that would be necessary to stay in touch with my husband. My husband’s employer has agreed to keep his position open until he returns so that makes me feel a lot better because at least we know that he will have a job when he returns back to the US. (See attachment-note from employer)

Loss My House

Without my job, and the additional income that my husband can provide, I may lose my house. (See Exhibit 26) I bought this house for us, as a place to start a new life together, and where we could nurture the loving environment in which to raise a family. XX and I were married in this house, and we have discussed, at length, the many plans for our future here, together. There is still a lot of work to do on it, things that I cannot do without him, such as purchasing a new roof and a perimeter fence, and building a deck (something he promised me the day I signed the mortgage papers). I also depend on XX to fulfill the “male” tasks- i.e. Lawn maintenance, tending to house repairs and upkeep, maintenance of our vehicles, lifting the heavy objects, etc.

Care for Mother and Grandmother

My mother, ZhenHua Fang, U.S. Citizen, is currently dependent upon me for her healthcare and economic stability. My mother is currently living with me. She suffers from chronic pain due to arthritis. She had been to a physician to help with her pain, but it is not helping. Then she went to see Dr. XX, who prescribed her Mobic to reduce her pain due to arthritis. (See Exhibit 27) She is unable to earn enough income to pay for her basic needs and pay for her own insurance. I would not be able to pay for her basic needs and insurance premiums without my husband’s presence in the U.S. She would suffer severe possibly fatal consequences without the help my husband and I are able to provide her. I would, therefore, suffer extreme hardship by not being able to pay for her basic needs and seeing her suffer the effects of her health condition. (See Exhibit 28)

Also I am currently caring for my elderly grandmother, who had been suffering from heart problem and lives in our home and relies on me. (See Exhibit 29) My grandmother had surgery for several times, and it is necessary for her to have surgery when ever her heart problem gets worse again. If I need to be able to take care of her, provide for her and be with her. I need my husband here to make that possible. My grandmother had been live with me since I am a teenage. My mother and I had makes a promise to take care my grandmother, therefore it is very important for me to keep this promise. (See Exhibit 30)

Both my mother and grand mother don’t know how to drive; therefore they depend on me for their transportation. I am responsible for taking them to doctor visits, getting prescriptions filled, shop groceries and other basic needs. My mother speaks limited English and my grandmother does not speak English at all. They depend on me for translation in day to day basic. These include doctor visits, getting their prescriptions, and purchase their basic needs.

I feel strongly about taking care of my mother and grandmother. And it is something that my husband shares with me. If my husband is not permitted in the United States, I will be forced to re-locate to Mexico, which in turn will leave my mother and grandmother with no one to care for them. This situation would be a tragedy for not only me but for my entire family as well. It is an extreme hardship for me to unable to take care both of my mother and my grandmother.

Family Ties

Family unification is so important for children to grow up with because it emotionally and mentally affects a child’s welfare. We as a family share a deep bond and dedication to one another. If this bond is taken away by not allowing my husband to immigrate to the United States, this will cause extreme hardship. We both completely rely on one another for guidance in raising our child and mutually respect one another with our parenting skills. It would be very hard to raise our child if our family were to be separated for a great length of time.
We both want the best for our child in regards to education, safety, and excellent healthcare.

Our home environment is a safe environment. The neighbors are friendly and our community has much to offer to our family. My fear for our child’s safety in Mexico would greatly increase and not allow me to be a mother that they deserve to have for a parent. Knowing that Mexico has a high crime rate and high rate of kidnappings creates much anxiety for me. (See Exhibit 31) The constant worrying of their well being and fear that they could be kidnapped terrifies me! It scares me to know that I could be exposing my child to such an unsafe environment if we were to relocate to Mexico. I could never live with myself or bare the consequences of such an awful occurrence. I will not allow my child’s well being to be violated and therefore could not possibly think to relocate to Mexico on a permanent basis.

When we do have more children, I know my family will play a major role in their upbringing. My mom can not wait for more grandchildren. The thought of raising my child in Mexico with less educational opportunities than the United States and keeping my child away from the grandparents make my stomach turn. I do not want our children to grow up without the wisdom and love that my mom and grandmother will give. It would be impossible for me to travel back and forth between the U.S and Mexico to see my parents. Our finances if living in Mexico would not allow it.


I do not know anyone in Mexico, other than my husband and his family (whom I am unable to communicate with effectively, without my husband present as a translator). I have always had a strong bond with my mother. My mother means the world to me. She has been very supportive to me as I have grown up and faced many challenges. She is also very supportive to both my husband and I with this immigration process. We are living together. I have a special bond with my mother and respect my mother with all my heart. They created the person I grew up to be and to be separated from her not only emotionally tears my heart apart but will severely burden me with depression. I express great concern with my mother’s health status for my mother has arthritis. My mother’s health issues are presently stable, but as we all know as you age your health may decline. I am supporting her for both financial and physical. As for our child, she too has a special bond with her grandmother. My mother provided care to my daughter while I worked and basically became the “other parent –figure”. She played a vital role in my daughter’s child development during the years that I would like for our future children to experience as well. My mother loves to teach our child about how to become a good moral person. She enjoys singing and dancing with our child. My child is very close to my mother that it would be traumatic to separate them for such a long time.



Educational

I have had to continue working full-time due to the need of my income to prepare for the appointment, and to pay for filing fees and attorney fees, it has made it impossible for me to return to school. My husband and I have plans that soon after he returns home I would like to further my education and pursue CPA certificate - an opportunity only available to me in the United States, however, a great deal of time will need to be applied in order to reach my professional goal as will X’s moral and financial support. (See Exhibit 32). Furthering my education is critical for me to obtain the more secure, better paying jobs I desire as well as for self-fulfillment.
It is important for me that my daughter is able to further her education and that I am able to financially help her to do so. Without my husband, I barely have enough income to get by, let alone save for my aspiration. My daughter will also be losing education opportunities. Providing our daughter with the best of both worlds has always been a priority to me. Not being able to provide her with education opportunity would make me a failure.
If I move to Mexico, my children would not have access to an education equivalent to the one that they would receive in the United States. Unfortunately, since XX’s family lives in a small town they only offer up to secondary school. If a resident wanted to attend high school they would have to travel to the next city which is 30 minutes away. Then for University, they would have to travel at least 1 hour away. Aside from all the trouble that we would have in the travel time and cost to have our children go to school, they would not receive the education equivalent to the one that they would receive in the United States. I want our children to have better opportunities than both XX and I had. I want to have a job to pay for my children’s school and make sure they have the necessary tools to become successful in their future.

Language Barriers

As I have previously indicated, the language barrier would be a great hardship I would have to overcome. I still have trouble understanding and speaking to language. Not being able to communicate well with others will hinder my employment opportunities, ability to further education, not to mention isolate me from personal relationships with family and to ability to make friends. It would be frustrating and challenging, downright depressing. As (daughter) is young and able to learn the language quickly, the language barrier could also isolate me from my own child.

Conclusion

Before we started this immigration process, I spent quality time with my family. As we have come near the interview date, I have felt distant and torn from my family. The constant worrying of the end result if it were to be negative threatens my mental and physical well-being. It would be so devastating to relocate to Mexico for 10 years and cause such severe hardships. To cause undue separation, not be able to financially support my family, loose all assets, and loose benefits of my career is dreadful. I wish nothing more than to have my husband be granted the right to immigrate to the United States. This would allow our family to be reunited and live the “American Dream” that we so much want for our family. Please consider our case and forgive XX for his illegal presence in the United States. Without my husband, I lose not only a huge financial part of our household, but a part of my soul. He is the best person that I have ever met, and I am a better person because of him. If he is allowed to come back to the United States, our country will have gained a responsible, hard working, tax paying and law abiding individual. We will contribute to the economy and need not receive any assistance from welfare programs or the like. He will appreciate the freedom and opportunity that has been allowed him and we will spend the rest of our lives respecting the incredible gifts we have been so blessed to receive.
 
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APPROVED, MEXICO, CON'T.



HSL Courtesy of Ciscohiker
Waiver filed April 19, 2006, transferred to DHS April 24, 2006. Approved March 14, 2007,

SUBJECT: LETTER OF EXTREME HARDSHIP

Case Number: CDJ2005***XX
Petitioner Name: Ciscohiker

I, Ciscohiker, declare under penalty of perjury, under the laws of the United States of America, that the following is true and correct.

Wife of Ciscohiker has been denied a visa under Section 219(a)(9)(B)(II) of Immigration and Nationality Act. I, CiscoHiker am Wife of Ciscohiker’s husband. I am seeking relief under the discretionary waiver I-601. If my wife were not admitted to the United States, I would suffer extreme hardships as detailed in the following letter.


Background Information
I was born and raised in the United States and have lived in California all of my 33 years. I met my wife in the San Jose, California, USA through her sister who worked as a janitor in the building I worked in. We began dating in 1999. In July of 2003 our first son CiscoHiker Jr (a US Citizen) was born in San Jose (copy of Jr’s birth certificate: exhibit A) My then girlfriend returned to Mexico to be with her father who was undergoing prostate surgery in November of 2003. I have gone to visit my wife and son in Mexico every couple of months since she left. In November of 2004 we were married in Boca Del Rio, Mexico. On March 28th 2006 our second son, Ciscohiker II was born in Veracruz, Mexico (and soon will become a US Citizen)( copy of CiscoHiker II’s birth certificate: exhibit B). What follows are the hardships I would face if my wife were not allowed to return to the US. I have broken these hardships down by the following categories (Health, Financial Considerations, Personal / Family Considerations, and Special Factors).

HEALTH
I suffer from a medical condition called bilateral iris coloboma. (doctor’s diagnosis exhibit C). The surface area of my pupil is much larger than normal and not circular. (see photos. exhibit D). This condition allows more light into my eyes. As more light gets into my eye this limits my activities during the day including the ability to drive and also limits my night driving as lights seem extremely bright at night. I have been limited by this condition since birth and there is no cure and the treatments options do not eliminate the symptoms. I have been living apart from my wife for 2 years and according to the New York Medical Centers depression screening (reference: http://www.med.nyu.edu/psych/screens/depres.html) I “reflect the presence of significant depressive symptoms” which I attribute to the separation. I suffer from a number of the symptoms of depression as defined by the National Institute of Mental Health such as persistent sadness, anxiety , feelings of hopelessness, pessimism, feelings of guilt, decreased energy, difficulty concentrating, remembering, making decisions, insomnia, restlessness, irritability, persistent physical symptoms that do not respond to treatment, such as headaches, digestive disorders, and chronic pain (reference: http://www.nimh.nih.gov/healthinformation/depressionmenu.cfm). I travel to Mexico as often as I can which is about every 2 months. Living apart from my children brings incredible sadness to me and my wife and has started to do the same for our son. Our son Jr cries when I leave. Continued separation will cause me to continue to miss key life events such as our son Ciscohiker II’s first steps. My wife and I talk daily by phone and we often spend hours just crying and consoling each other. This adds an incredible amount of stress to the both of us. Recently my 98 year old grandfather passed away (obituary attached, exhibit E) and my wife was not able to meet him or attend his funeral. My mom’s sister, my aunt, Miram Rogin (see letter, exhibit F) is in the late stages of melanoma which has spread to her brain. My aunt wants to be able to meet my wife and kids but due to her condition she is unable to travel. My 92 year old grandmother is also unable to travel to meet my wife. And since our kids are too young to travel without their mother they too are unable to meet my grandmother. My mom has been diagnosed with Clostridium Difficile which causes almost constant diarrhea and makes it very difficult to see her only grandchildren (see letter / test results, exhibit G). My father also is undergoing cancer treatment and is unable to travel (see letter, exhibit H)

I lost my sister to a car accident in 1988, she was 18 and not being able to bring my family to see my mom and dad feels like they are losing another child. My son has had a number of skin problems since arriving in Mexico (attached is the latest diagnosis, exhibit I). The doctors have said these are due in part to the climate, though it’s been a challenge for my wife get doctors in Mexico to give her a written diagnosis. The separation of our family creates periods of great sadness and depression for me.

During my visits to see my wife in Veracruz, Mexico I have had two health related issues. One is the almost constant mosquito bites which I get (see photo, exhibit J). Keeping the mosquitoes away seems to be a losing battle as I get them faster than they heal. I use mosquito repellant. Though very difficult due to the heat I sleep with socks and covers to keep the mosquitoes away. I also have a constant sore throat which I attribute to the pollution on the area. The sore throat starts on the 2nd day after arriving and continues until I return to the US. Much of this pollution comes from Mexico City and is currently being studied. One article on the study can be read at the following URL (http://www.ucar.edu/communications/staffnotes/0506/mirage.html ). Another form of pollution is that most residents burn their fields and their garbage which also creates polluted air to which I attribute to my sore throat.

FINANCIAL CONSIDERATION

I am the sole provider of our family’s income, which from a financial perspective meets all of our needs and supports our 2 young children. I work for Cisco Systems, a large internet hardware company. I have been at Cisco since 1999 and worked my way up from Customer Service Rep, grade level 5 to a Business Analyst / Project Manager Grade, 8. My current salary is $***XX a year plus bonuses, stock, and stock options (my salary and bonus info, exhibit K). It would be extremely difficult to find a job in my field / grade level / salary in Mexico as I do not speak or read the Spanish language well. As a comparison my wife’s sisters work for about 14 dollars a day (or $3900 a year). If my wife were the sole income provider our standard of living would be drastically reduced and it would be a challenge to meet the basic needs of our family such as food, diapers, clothes, rent, car payments, gas, phone bills, electricity. If I were to live in Mexico and work at greatly reduced wages I would not be able to afford to travel to see my family in the US, whom I’m very close to. Not only would it be hard to find a job in Mexico but if I were to live in Mexico for years it would be very difficult for me to find an equivalent job upon my return as the high tech industry changes quickly.

Living in Mexico I would also be forced to cease putting money away for retirement both in the form of Social Security and in the form of a 401k which my current job offers and contributes to in support of our retirement. This would drastically affect our retirement income. If I contribute at a 6% rate and my employer continues their match and the account grows at just 5% after 10 years the amount of money we will have saved for retirement is $XX,***,*** according to the bloomberg 401k calculator at the following URL http://www.bloomberg.com/analysis/calculators/401k.html. Losing this income for retirement will affect our family for years to come.

My company provides medical, dental and vision coverage for our family. If I were to move to Mexico we would need to pay for private health insurance which one quote was given to be $1100 a year per person, which we could not afford if my wife had to work for $4000 a year. Uninsured American citizens who require medical care abroad can face extreme difficulties. And if an emergency arose a medical evacuation could easily cost $10,000 and up, depending on location and medical condition. This could subject me to extreme financial difficulties.

The travel expenses that are needed for us just to see each other are a burden as airplane tickets from California to Veracruz, Mexico cost between $700 - $900. If I were forced to live in Mexico and live on wages in Mexico I could not afford to visit my family in the US.


EDUCATION

Due to the constantly changing nature of high tech and the field of business analysis and project management it is necessary and expected for me to continue taking courses on a regular basis (class history on site at Cisco (does not include classes taken outside of Cisco), exhibit L). When taking classes I receive 100% tuition assistance and I hope to complete my MBA. If I were to live in Mexico I could not afford this education and MBA classes are not offered in English in Veracruz. Traveling to Mexico for visits I have already missed some classes, which I need to complete. Many of these classes are offered once a year and not attending these classes holds me back from moving up to the next grade level. These specific classes in business analysis are not yet offered in Mexico.

Adding to my stress I want my children to be educated in English. The only way for our children to be able to have an education up to the U.S standard is by sending them to an international school, which is very costly and unaffordable living on wages in Mexico. The education system is not as good as it is in the US and living in Mexico we would not be financially able to provide all the tools our children would need to succeed. I would not be able to help our children with their homework in Spanish and we would not be able to afford computers which I feel are such a valuable part of a child’s education.

PERSONAL CONSIDERATIONS (Family Ties, Health Care, Citizenship)
Separation from my two young children is extremely difficult. It tears at my heart to not be a part of their day-to-day lives.

Family Ties
I have no family ties in Mexico but have many in the US including: 1) my US Citizen grandmother has lived in the US for 92 years, 2) my US Citizen father has lived in the US for 64 years, 3) my US Citizen mother has lived in the US for 62 years, and 4) my US Citizen aunt has lived in the US for 58 years. Living in Mexico and not being able to travel to see them would be extremely difficult especially during times of medical emergencies. I’m very close to my family. I have lived my whole life within an hour’s drive of my mother and am especially close to her and see her every week. Not being able to see her would be extremely difficult.

My children have never seen my grandparents and have not seen their grandfather since we were married in 2004. Isolation from the children’s relatives in the United States would cause the children not to know that they have relatives who long to see them and love them very much. I vehemently desire that my children to get to know the American side of my family. As stated above if I moved to Mexico visiting my family in the US will be impossible and I feel our children would suffer from that lack of contact. Depriving our children at such a young age will cause them to be ignorant of their living relatives and also of their country, the United States of America

Health Care
If I were to live in Mexico our newborn would have limited access to health care based on what we could afford. Periodic pediatric care and immunizations for a newborn are a must and essential in order for him to be healthy. Our two young children, ages 2 ½ and 1 month, are also at the stage where they both need the best health care (i.e. immunizations and pediatric checkups) that they can get.

Our innocent newborn and toddler would be subject to the detrimental effects of improper and inadequate health care. This would jeopardize their health and cause them unnecessary early childhood illnesses or possibly death. Preventions are better than cures and working at Cisco I can provide them the best health care available.

Citizenship
I am a very proud American, who fully supports his country, the United States of America. I have been able to volunteer in a number of areas including tutoring low income children, teaching children about animal by bringing animals into their classrooms, and I have volunteered for a Congressman (see attachment, exhibit M). I take pride in my country and I strongly desire to remain here if this waiver is granted.

SPECIAL FACTORS (Children, Hobbies)

Children
We have 2 young children, Ciscohiker Jr, age 2 ½ years old and Ciscohiker II, just one month old. Our children have a bond with me and our older son suffers from being separated from me. Our children need a strong male role model in their lives.

As stated by Migration Information Source, “The right to a shared family life draws additional support from the prohibition against arbitrary interference with the family. Finally, states have recognized that children have a right to live with their parents. Both the father and the mother have common responsibilities as parents and share the right and responsibility to participate equally in the upbringing and development of their children”. (reference: www.migrationinformation.org/Feature/print.cfm?I