APPROVED
Jordan/Rome--unlawful presence + I-212

Here is a copy of Tikbj's hardship letter, submitted following a request for evidence from USCIS Rome; no other documentation was submitted with it. It was for previous unlawful presence for her husband, who is a citizen of Jordan.

Attention: USCI Information Desk

Re:

DOB: 1/9/1978
Case #:

Or

Here is the hardship letter that was requested for ........by your office.

My name is ................... and I have married to .......for the last two and half years. We met, fell in love and married in the United States. It was to my shock to find out my husband was being forced to return back to his homeland due to legal technicalities that were beyond our control. I have been talking with my husband on a weekly basis and there is not a day that goes by that he doesn’t regret entering the United States illegally, but all he wanted was to make a better life for himself and his mother. His father died when he was a very young boy and the burden that was placed on his mother to support the family was tremendous. He vowed to his mother to one-day take care of her the way she deserved. He thought that by going to America he could fulfill his promise to his mother. This is why he is such a wonderful husband and human being, because he always thinks of others and tries to help them better themselves.

If he were allowed to come to the United States he would follow and support the laws of the country. I have never met anyone more honest; trust worthy, or caring then Mohammad. My love for him is great and I have remained a pillar of support for him through all this. Mohammad has asked me on several occasions to come to Jordan and live with him and build a family there, but I am afraid because the U.S department of State has put out a public announcement (most recently being August 12,2005) that there are on going security risks and threats of terrorist actions that may include bombings, hi*******s, hostage taking, kidnapping and assassinations in the Middle East against U.S Citizens.

Also, Jordan is an underdeveloped industrial country. Jordan not economically supportive and must depend heavily on foreign aid. It is a small Arab country with inadequate supplies of water (ranked in the top 10 most deficient countries) and other natural resources. Debt, poverty and unemployment are fundamental problems. Jordan is considered as Food Insecure due to its limited resources. Per capita the income per year is $2000 and in many areas it is as low as $500 to $900 per year.

The thought of raising a child in a country where the infant mortality rate is 61 deaths out of every 1000 births due to insufficient medical care and malnutrition. Child abuse and child labor remain a problem, polygamy is allowed, and violence against women is extremely concerning to me.

There are also restrictions on freedom of movement, women’s rights and societal discrimination against women that plague the Middle East. In Jordan there are significant restrictions on citizens’ rights to change their government. Other human rights issues include police abuse, mistreatment of detainees, allegations of torture, denial of due process of law.

I am deeply concerned for my husbands’ well being, when we talk I can tell that he is trying to be strong and hide his hardship from me. Because we love each other very much the past few years have been very hard on both of us. I am unable to sleep, have extreme anxieties, and am having a hard time functioning not only at work but at home as well. Mohammad is also having a hard time eating, sleeping and finding employment. With him being in Jordan, a huge financial burden has been placed on our small closely woven family. Which includes his friends that he made while he was here, who ask about him all the time and prey that he will be allowed to return soon. Even his employer has left his position open for him if and when he comes back, because he knows Mohammad is a hard working, loyal and trust worthy man.


Page 1 of 2 - August 23, 2005

Attention: USCI Information Desk

Re: ..............

DOB: 1/9/1978
Case #: ................Or

.....

Since meeting my husband I have become a better person, I truly believe he is my soul mate and I feel like a whole human being when I am with him. I am looking forward to starting our family together in the United States, because I know there are many opportunities for our children to become successful, productive, law abiding citizens, just like me and Mohammad.

I am begging you to allow us to begin our family and life together as soon as possible. I could not bear to live the rest of my life without feeling his touch or looking into his soft beautiful brown eyes.

At night when I am lying alone in bed I sometimes dream about him being next to me only to awake and find myself alone, having to start another day without my beloved Mohammad.

I do not know if words could even begin to describe the true feelings that I have for my husband but I pray that as you read this you can feel the love I have for him.

Thank you for your time and consideration.

Sincerely,

Here is Rheabs' hardship letter, which was approved in London on Dec. 30, 2005 for previous unlawful presence of over 180 days (3 year bar). Included are both the USC letter, followed by the UKC supporting letter.

US Embassy
London
UK.

To whom this concerns.


RE: USC/UKC CASE NUMBER… LDN*********x


I. HARDSHIP TO THE U.S. CITIZEN (USC) Mrs ****** *** ****** (UKC) MR ***xx ***xx ******

Introduction

The USC/UKC has been ask to file a waiver I-601 with a letter of any hardships the USC/UKC has accrued while waiting on I-130 approved visa.
The USC/UKC will show hardships from extreme, unusual and some instances severe hardships to the USC/UKC
If ALIEN were not admitted to the United States, USC really would suffer, (from) extreme, unusual, severe hardships.
She would feel compelled by the powerful forces of her complete marital bond to do so.



There are several interacting hardships#

CHILDREN
.
USC has one child (******x *** ***xx) from her first marriage to (MR x. ***xx) who was born on August xx, ***x. They were divorced in September ***x. USC has primary custody of (******x *** ***xx) and visitation rights were awarded to (Mr x ***xx) every 2nd weekend of the month. They also are to split holidays during even and odd years. The custody agreement explicitly states USC is not allowed to take (******x *** ***xx) out of Florida unless it is under specific circumstances regarding benefits for the Childs welfare, employment related to the USC, or education purposes. This was established so that (Mr x. ***xx) could continue to have access to his child in close proximity.

USC had her second child (****** x ******) (D.O.B xxth Nov 2***) from her now Alien husband and biological father Mr.x.x.****** (UKC)

If UKC's waiver were denied, this would be extremely disastrous to USC and their children (******x x ***xx, ****** x ******). (Mr x ***xx USC) would sanction a move to the UK of his daughter (******xx) and will invoke court proceedings to stop any move to the UK. He has provided a written statement expressing this attitude of not providing permission for the re-location of his daughter. Upon beginning court proceedings with his former wife USC, this imposes, financially, emotional and psychological hardships on USC and there children.
This would be as no benefit to anybody concerned.

(Please see Letter From Former husband Mr x ***xx & Divorce degree attached)

As stated the USC has also a son from the (UKC Husband Mr x x ******) who is the biological father of ****** x ****** (The USC son ******) has only seen his father for no more than 18 days in 22 months outside the USA. ****** who is now almost 3 yrs of age, and he needs his (UKC dad) in his life as all children needs both parents, to share both each other as a family unit.
The USC has, had to do this all on her own for this last 22 months, of which it is so important that her (UKC) husband can be there for his USC son & his USC step daughter, ******xx ***xx and his wife. So that he the (UKC) can share the burdens of his USC family, every day.


Medical

Whilst the USC has no severe medical conditions; the same is not true for her 70 year old, USC mother. Her mother has a history of severe medical conditions spanning almost a decade.

The USC mother Mrs x *********x was diagnosed with C.O.P.D. (Coronary (Obstructed Disease) and Emphysema about approx ten years ago. She had spontaneous Pneumothorax (collapsed lung) in 1995 where she had to undergo surgery for a thorecotomy (lung reduction)
The USC Father who was the prime caregiver to the USC mother, suddenly passed away in September 1998 at the age of 69.
The USC then became her Mother’s health surrogate and power of attorney.
The USC Mother has deteriorated through the years to whereby she is now completely oxygen dependant.

The USC must maintain her mother’s household as well as her own home. USC mother is, in/out of hospital on the average of two/three times a year for pneumonia associated with her condition. The USC mother is now experiencing difficulties in her walking. She is currently under observation for her lower back. She is now losing the use of her legs and is now having to use a cane to help herself.

The USC must not only work for approx 60+ a wk, but also a to bring up her 2 children ages, 8 and 3yrs old, but also attend to her very sick USC mother.
So as stated the USC is the sole caretaker of her sick mother, in all aspects of her stressful day-to day schedule.
Just the simple things in life we all take for granted like i.e. going to the shops, post office, pharmacy, gardening, ect this is so not the case here for the USC sick mother as she is so dependant of the USC, to take her wherever she needs to go, on any one day.
USC has a very close relationship with her mother. Without a doubt, when her mother reaches a state of decline whereby she requires regular 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.

If there were a fine example of a severe/extreme hardship to the USC, this would be it as stated. (Please see attached medical history)


FINANCIAL

The USC has a huge FINANCIAL commitment within the USA. This includes, Home loan, student loan repayment, and credit card debts, car loan, total amount of over $150.000.

As the USC just had promotion where she works at ********* College as a medical programme chair, and just recently had a pay increase from $29.000 to $39.000. This was most welcomed and deserved. The USC still finds herself living hand to mouth every month with the monthly outgoings payments.

So much one of her several credit card debts was difficult to repay back with the high interest payment, her USC mother was kind to consolidate her credit card repayment to a lower rate. This was a constructive and financially good choice for the USC to do, as she was finding the $10.000 credit card dept, difficult to repay back every month. The USC now repays her mother $200.00 per month every month. This is one of many ongoing debts.


This cannot be possible if it wasn’t for her UKC husband who subsidises her financial needs, whenever possible. As he the (UKC) has also financial commitments of his own in the UK i.e. home loan, credit card ect.
The (UKC) feels at the very least, sends to the USA from $500.00/$1.000 per month to the USA, to help out payments for his USC son’s day care/clothes ect. This would be impossible financially for the USC, if it were not for her supportive (UKC) husband.
This is the reason it is so important for her (UKC) husband to be granted into the USA, so that he can be there with his family, to share not just only emotionally, but all financial aspects of his family within the USA.

If the UKC was granted the above, it will be a great weight off the USC & her family, where he (UKC) can then work, share the burdens of his USC wife & he then can help out whichever way he can to the USC sick mother whenever he is needed.
(Please see attached financial incomings/outgoings expenditures)



Employment/ Education

The USC has a bachelor’s degree in science and is currently working at ********* College as a medical programme chair and her duties are to supervise medical staff and look over all medical students and also to place students in work placement as part of there course in college.
This job is very demanding but at the same time very rewarding. One she loves to do. To face challenges of the medical students and to pass on her own experience to them, so that they (students) can also move on forward with their goals in their lives. At the same time the USC has her own goals to move forward and get back into her beloved studies of maybe into the science research. This she can only do if her UKC husband was granted to come back to the USA, so that she can focus on such a dream.

As stated the USC works at ********* College and her Knowledge of the science world is such a rare status for a single mother, would be such a loss to the USA. Her Employer Mr ********* is always singing her praise and he himself has always said that she is a fine asset to the USA, and it would be a crying shame to loose such a knowledgeable / Educational person as the USC.

(Please read letter from Employment)



Psychological


If USC was forced to make a devastating decision to live in the UK. It would be an extremely and immoral choice for her. She would suffer a lot of emotional turmoil choosing between her family, country, work and her (UKC Husband) her devastating/immoral choice will be, first and foremost her USC daughter ******xx ***xx. Who her USC biological father, (former husband Mr ***xx have already stated that he will not allow his USC daughter out of the state of Florida. (Please see letter from Mr x ***xx)

When the USC lost her father suddenly in September 1998. The USC then shortly afterwards went into a state of depression, finding hard to have a good relationship with her (former husband) the USC sort medical advice from her doctor and diagnosed her with severe depression, her doctor prescribed a anti depression drug ******, of which she took for approx four months.

Although it can be expected that the average person, in an immigration USC psychological hardships have proven themselves to be particularly severe and have the potential of causing medical illness, hospitalisation, or even death. Thus, her psychological hardships warrant particularly in depth examination. Case of this nature would experience profound psychological difficulties,

Due to the extreme hardship USC has experienced as a result of the separation from her husband, and will experience if forced to move from her family and country, USC 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, birthdays, and anniversary they do not spend together as a family sends USC, into a state of depression and aloneness.


The majority of drawing cues indicate that USC 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 for herself and her children.

USC is already suffering from sleepless nights, has presented high levels of anxiety, her work performance has been hindered at the college she works at and she experiences profound feelings of worthlessness because she feels that she can not give 110% to her Employer/students at this time of her life. (Please read letter sent by her Employer)


Once a person, such as USC, has been exposed to the onset of major depression, that a person remains highly susceptible to re-occurrences. These re-occurrences are often triggered by extreme levels of stress or devastating events (such as the loss of her father) or moving to a foreign country in which one would become isolated or living away from a spouse and child). If forced to make such decision to move from her country, she 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. At the same time living without her (USC child ******xx ***xx) would have equally devastating affects.


SUMMARY

It needs to be emphasized that by issuing an approval of an I-130 for a spousal visa, the United States government has formally and legally recognized the validity of the marriage between Mr ****** (UKC) and Mrs. ****** USC. It is well documented that “family unity” is an important value unpinning the raison deter of the United States of America and that actions to “assure family unity’ are part of the intent of the United States immigration law [for example see Title 8, Chapter 12, Subchapter II, Part II, section I, pp. 64 and 65]. Although, it is a function of law to provide legal definition and recognition to this marriage between USC and ALIEN, it is clearly the intent of law to support the complex nature of marriage.

In other words, in this and other genuine marriages there are multiple social psychological, familial, economic, cultural, spiritual, etc. bonds, which are presumed by the law to exist conjointly with the legal presence of marriage. Support for these complex interacting marital bonds is a fundamental value of the larger society and a function of the law.


Hardships are built upon the base of significant, although usual hardship. In other words, it is of note that USC misses her UKC husband painfully, she is anxious about their future and that of their children because it depends upon Mr ****** of being granted his I-130 visa. However, these are considered herein to be “simply “ the backdrop of those other, previously listed hardships that, individually and when combined and interacting are severe. In other words, the enormous strain of being separated from her UKC husband constitutes a powerful hardship on USC. The other hardships on top of this one culminate in him being potentially and actually subjected to extreme and unusual hardship. These additional hardships include, but are not limited to USC elderly mother and fragile health, but the USC daughter; this will put the USC in an impossible and an immoral choice to choose her, USC 8 yr old baby girl, or her UKC husband in the UK.

CONCLUSION

Please Sir/Madam read this hardship letter several times if need be and come to the only right and just decision to approve this waiver. Because this marriage would not be full or complete and the impact on this separation is one of great emotional, social, familial, economical and spiritual influences, one must weigh heavily the consequences that would result if the ALIEN were not allowed to be reunited with US CITIZEN family in the United States. The US CITIZEN misses ALIEN painfully and is uncertain as well as frightened of her future as it is dependent upon the status of her husband. The enormous strain that this separation has and will continue to have constitutes a powerful hardship to the US CITIZEN. Due to the above stated subject matter we respectfully request the waiver to be approved and the ALIEN to be allowed to be reunited with his family in the United States.



Subject to extreme and unusual hardship. We respectfully request the waiver be approved.

****** x. ****** (USC) Date
***xx x. ****** (UKC)



------------------------------------------------------------------------

Aliens...(Me UKc) Hardship..letter


US Embassy
London
UK.

To whom this concerns.



RE: USC/UKC CASE NUMBER… ************x:



I. HARDSHIP TO THE U.S. CITIZEN (USC) Mrs ******x *** ******x (UKC) MR ***xx ****** ******

Introduction

The USC/UKC has been ask to file a waiver I-601 with a letter of any hardships the USC/UKC has accrued while waiting on I-130 approved visa.
The USC/UKC will show hardships from extreme, unusual and some instances severe hardships to the USC/UKC
If ALIEN were not admitted to the United States, USC really would suffer, extreme, unusual, severe hardships.
She would feel compelled by the powerful forces of her complete marital bond to do so.



There are several interacting hardships#

CHILDREN

The (USC) has a child from her pervious marriage, who is a (USC) and her name is ******xx *** ****** (D.O. Aug xx 19xx.and a son ****** x ****** born on the xx/xx/xx in ********* Florida USA. The (UKC) Mr x x ******x is the biological father of the USC son ******x x ******x.

Once the USC was divorced in September 20xx from her (previous) USC husband Mr ***xx ***xx. The Judge in his closing their case gave the USC Mrs ***xx *** ******, primary custody, to there child ****** ***x ***xx USC. Also the judge stating that the (Former USC husband) Mr x ***xx has visitation rights to his USC Daughter every 2nd wk-end of the month and they also must split the holidays with this, with odd/even years. The judge also mentions that the USC must not take the USC child out of the state of Florida, unless it is for the benefit of the child/USC for work/education reasons (only)
This was put in place so that the USC (former) husband Mr ***xx ***xx would have access to his USC child ******xx ***xx, within the state of ********* Florida on them times stated above.

If the UKC were not allowed to be admitted to the USA, this would be nothing short of disastrous to the USC & the children ******x & ******. This then will not only be an immoral choice for the USC to make, but almost impossible, as the USC (Former) husband would sanction such a move. And he would then precede with court action forth wit. If this was to happen of which the USC (hope not) this would an Emotionally, Psychologically, and financially strain on all. This would be as no benefit to anybody concerned.

(Please see Letter From Former husband Mr x ****** & Divorce degree attached)

As stated the USC has also a son from the (UKC) Mr x x ****** who is the biological father of ****** ******. (The USC son ****** x ******x) has only seen his father for no more than 18 days in 22 months outside the USA. ****** who is now almost 3 yrs of age, and he needs his (UKC dad) in his life as all children needs both parents, to share both each other as a family unit.
The USC has, had to do this all on her own for this last 22 months, of which it is so important that her (UKC) husband can be there for his USC son & his USC step daughter, ******x ***xx and his wife. So that he the (UKC) can share the burdens of his USC family, every day.


Medical

Whilst the USC has no severe medical conditions; the same is not true for her 70 year old, USC mother. Her mother has a history of severe medical conditions spanning almost a decade.

The USC mother Mrs x ********* was diagnosed with C.O.P.D. (Coronary (Obstructed Disease) and Emphysema about approx ten years ago. She had spontaneous Pneumothorax (collapsed lung) in 1995 where she had to undergo surgery for a thorecotomy (lung reduction)
The USC Father who was the prime caregiver to the USC mother, suddenly passed away in September 1998 at the age of 69.
The USC then became her Mother’s health surrogate and power of attorney.
The USC Mother has deteriorated through the years to whereby she is now completely oxygen dependant.

The USC must maintain her mother’s household as well as her own home. USC mother is, in/out of hospital on the average of two/three times a year for pneumonia associated with her condition. The USC mother is now experiencing difficulties in her walking. She is currently under observation for her lower back. She is now losing the use of her legs and is now having to use a cane to help herself.

The USC must not only work for approx 60+ a wk, but also a to bring up her 2 children ages, 8 and 3yrs old, but also attend to her very sick USC mother.
So as stated the USC is the sole caretaker of her sick mother, in all aspects of her stressful day-to day schedule.
Just the simple things in life we all take for granted like i.e. going to the shops, post office, pharmacy, gardening, ect this is so not the case here for the USC sick mother as she is so dependant of the USC, to take her wherever she needs to go, on any one day.
USC has a very close relationship with her mother. Without a doubt, when her mother reaches a state of decline whereby she requires regular 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.

If there were a fine example of a severe/extreme hardship to the USC, this would be it as stated. (Please see attached medical history)


FINANCIAL

The USC has a huge FINANCIAL commitment within the USA. This includes, Home loan, student loan repayment, and credit card debts, car loan, total amount of over $150.000.

As the USC just had promotion where she works at ******xx College as a medical programme chair, and just recently had a pay increase from $29.000 to $39.000. This was most welcomed and deserved. The USC still finds herself living hand to mouth every month with the monthly outgoings payments.

So much one of her several credit card debts was difficult to repay back with the high interest payment, her USC mother was kind to consolidate her credit card repayment to a lower rate. This was a constructive and financially good choice for the USC to do, as she was finding the $10.000 credit card dept, difficult to repay back every month. The USC now repays her mother $200.00 per month every month. This is one of many ongoing debts.


This cannot be possible if it wasn’t for her UKC husband who subsidises her financial needs, whenever possible. As he the (UKC) has also financial commitments of his own in the UK i.e. home loan, credit card ect.
The (UKC) feels at the very least, sends to the USA from $500.00/$1.000 per month to the USA, to help out payments for his USC son’s day care/clothes ect. This would be impossible financially for the USC, if it were not for her supportive (UKC) husband.
This is the reason it is so important for her (UKC) husband to be granted into the USA, so that he can be there with his family, to share not just only emotionally, but all financial aspects of his family within the USA.

If the UKC was granted the above, it will be a great weight off the USC & her family, where he (UKC) can then work, share the burdens of his USC wife & he then can help out whichever way he can to the USC sick mother whenever he is needed.
(Please see attached financial incomings/outgoings expenditures)



Employment/ Education

The USC has a bachelor’s degree in science and is currently working at ******xx College as a medical programme chair and her duties are to supervise medical staff and look over all medical students and also to place students in work placement as part of there course in college.
This job is very demanding but at the same time very rewarding. One she loves to do. To face challenges of the medical students and to pass on her own experience to them, so that they (students) can also move on forward with their goals in their lives. At the same time the USC has her own goals to move forward and get back into her beloved studies of maybe into the science research. This she can only do if her UKC husband was granted to come back to the USA, so that she can focus on such a dream.

As stated the USC works at ******xx College and her Knowledge of the science world is such a rare status for a single mother, would be such a loss to the USA. Her Employer Mr ********* is always singing her praise and he himself has always said that she is a fine asset to the USA, and it would be a crying shame to loose such a knowledgeable / Educational person as the USC.

(Please read letter from Employment)


Psychological


If USC was forced to make a devastating decision to live in the UK. It would be an extremely and immoral choice for her. She would suffer a lot of emotional turmoil choosing between her family, country, work and her (UKC Husband) her devastating/immoral choice will be, first and foremost her USC daughter ******x ******. Who her USC biological father, (former husband Mr x ***xx have already stated that he will not allow his USC daughter out of the state of Florida. (Please see letter from Mr x ***xx)

When the USC lost her father suddenly in September 1998. The USC then shortly afterwards went into a state of depression, finding hard to have a good relationship with her (former husband) the USC sort medical advice from her doctor and diagnosed her with severe depression, her doctor prescribed a anti depression drug ***xx, of which she took for approx four months.

Although it can be expected that the average person, in an immigration USC psychological hardships have proven themselves to be particularly severe and have the potential of causing medical illness, hospitalisation, or even death. Thus, her psychological hardships warrant particularly in depth examination. Case of this nature would experience profound psychological difficulties,

Due to the extreme hardship USC has experienced as a result of the separation from her husband, and will experience if forced to move from her family and country, USC 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, birthdays, and anniversary they do not spend together as a family sends USC, into a state of depression and aloneness.


The majority of drawing cues indicate that USC 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 for herself and her children.

USC is already suffering from sleepless nights, has presented high levels of anxiety, her work performance has been hindered at the college she works at and she experiences profound feelings of worthlessness because she feels that she can not give 110% to her Employer/students at this time of her life. (Please read letter sent by her Employer)


Once a person, such as USC, has been exposed to the onset of major depression, that a person remains highly susceptible to re-occurrences. These re-occurrences are often triggered by extreme levels of stress or devastating events (such as the loss of her father) or moving to a foreign country in which one would become isolated or living away from a spouse and child). If forced to make such decision to move from her country, she 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. At the same time living without her (USC child ******x ***xx) would have equally devastating affects.


SUMMARY
.
It needs to be emphasized that by issuing an approval of an I-130 for a spousal visa, the United States government has formally and legally recognized the validity of the marriage between Mr ****** (UKC) and Mrs. ****** USC. It is well documented that “family unity” is an important value unpinning the raison deter of the United States of America and that actions to “assure family unity’ are part of the intent of the United States immigration law [for example see Title 8, Chapter 12, Subchapter II, Part II, section I, pp. 64 and 65]. Although, it is a function of law to provide legal definition and recognition to this marriage between USC and ALIEN, it is clearly the intent of law to support the complex nature of marriage.

In other words, in this and other genuine marriages there are multiple social psychological, familial, economic, cultural, spiritual, etc. bonds, which are presumed by the law to exist conjointly with the legal presence of marriage. Support for these complex interacting marital bonds is a fundamental value of the larger society and a function of the law.


. Hardships are built upon the base of significant, although usual hardship. In other words, it is of note that USC misses her UKC husband painfully, she is anxious about their future and that of their children because it depends upon Mr ****** of being granted his I-130 visa. However, these are considered herein to be “simply “ the backdrop of those other, previously listed hardships that, individually and when combined and interacting are severe. In other words, the enormous strain of being separated from her UKC husband constitutes a powerful hardship on USC. The other hardships on top of this one culminate in him being potentially and actually subjected to extreme and unusual hardship. These additional hardships include, but are not limited to USC elderly mother and fragile health, but the USC daughter; this will put the USC in an impossible and an immoral choice to choose her, USC 8 yr old baby girl, or her UKC husband in the UK.

CONCLUSION

Please Sir/Madam read this hardship letter several times if need be and come to the only right and just decision to approve this waiver. Because this marriage would not be full or complete and the impact on this separation is one of great emotional, social, familial, economical and spiritual influences, one must weigh heavily the consequences that would result if the ALIEN were not allowed to be reunited with US CITIZEN family in the United States. The US CITIZEN misses ALIEN painfully and is uncertain as well as frightened of her future as it is dependent upon the status of her husband. The enormous strain that this separation has and will continue to have constitutes a powerful hardship to the US CITIZEN. Due to the above stated subject matter we respectfully request the waiver to be approved and the ALIEN to be allowed to be reunited with his family in the United States.


Subject to extreme and unusual hardship. We respectfully request the waiver be approved.

******x x. ****** (USC) Date
***xx x. ******x (UKC)

APPROVED

Here's my hardship letter for both I-601 & I-212 waivers, filed in Caracas, Venezuela and approved at USCIS Panama City on Dec. 22, 2005 for previous unlawful presence of 1+ years and deportation.

***Please note: I have reason to believe that this letter was not a major factor (if any) in the decision, based on a conversation with the adjudicating officer. Instead, she was more concerned with our relationship validity, his case history/circumstances/background, and my current at-risk pregnancy of which she requested documentation. The decision was made in the course of our conversation.

.......................................................................................................

May 6, 2005

I, USC, declare under penalty of perjury, under the laws of the United States, that the forgoing is true and correct.

I am submitting this affidavit in support of the I-601 Waiver of Grounds of Excludability for my husband, HUSBAND (A# xx-***-***, NVC Case # 2004******).

HARDSHIPS TO ME, THE U.S. CITIZEN
If HUSBAND is not admitted to the United States, I will suffer extreme and unusual hardship above and beyond what I have already suffered. Already since his departure, I have had to give up practicing real estate, a career for which I had worked very hard to become licensed in and professionally established. In the real estate practice, because I was not paid a salary and was dependant on commissions, ample savings were a necessity to fall back on. I was unable to afford to wait for those commissions after our savings were exhausted for legal fees associated with HUSBAND’s deportation, and was forced to seek other career options.

I feel deeply compelled each day to reunite with my husband and share our lives together as we once did and as we have every right to do. However, doing so in Venezuela would greatly endanger my safety, cause significant psychological stress, strain my relationship with my family, completely deplete our finances, eliminate my plans to pursue a graduate degree and end our dreams of starting a family of our own.

I. GRAVE SAFETY CONCERNS
I will face significant, potentially life-threatening risks to my personal safety if I move to Venezuela to join my husband. Due in part to the strained economic and turbulent political situation, there is constant unrest in most metropolitan areas of the country. There are regular riots and demonstrations, kidnappings, murders, robberies and ongoing violence. Even in the best of neighborhoods, there are regular incidents and police raids are common.

Recent anti-U.S. and anti-Bush sentiments generated by Venezuelan President Hugo Chavez have sparked additional violence against U.S. Citizens there. The web sites of the U.S. Embassy in Caracas and the U.S. Department of State contain lengthy warnings for U.S. citizens in Venezuela (see Exhibit A). On my 2 visits there, my husband has had to keep constant watch over me, never allowing me out of his sight, and trying to limit our conversations in public as I do not speak Spanish and would stand out immediately as a target. As difficult as it is for him to try to keep me safe for a short visit, if I were to reside there permanently, the toll this stress will have on both of us – the constant fear for my safety - is immeasurable.

II. FUTURE FAMILY AND MEDICAL CONCERNS
It is medically imperative that I start our family in the very near future. I have increased risks of infertility, miscarriage and pre-term labor due to a surgery I have had to my cervix. The surgery, a Cone Biopsy, was performed to remove abnormal (pre-cancerous) cells from my cervix after I was diagnosed with Cervical Dysplasia. I have not had further problems with the dysplasia at this time, but the surgery weakened my cervix, very potentially affecting my ability to conceive or hold a pregnancy (See Exhibit B).

When I conceive, my doctors have told me that I will have to be very closely monitored. If my cervix is not strong enough, medical intervention will be necessary to prevent me from miscarrying or going into premature labor. If, however, I were unable to conceive due to scarring of my cervical tissue, infertility options would have to be explored first; all of them would require my husband’s presence and ready availability. Most women are capable of bearing their first child without difficulty through the age of 35; fertility and uncomplicated pregnancy rates drop significantly after that. Due to my already present risk of severe complications, doctors have advised me not to wait any longer to attempt my first pregnancy.

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 HUSBAND’s financial support (which is impossible to provide from Venezuela, where an average months pay is only about $150-$200), 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 3000 miles away from me. This would be an extreme hardship for myself, as well as for my child who would have to grow up deprived of his/her father.

If I am living in Venezuela on the other hand, I will not have medical insurance and it will be impossible to have access to even a remotely comparable level of medical technology and expertise. With infant mortality rates at 24/1000 births (4x higher than the 6/1000 in the U.S.), and inadequate technology to ensure a safe pregnancy to term, I will be placing my fetus or baby’s life at risk if I try to begin my family in Venezuela. (See Exhibits C and B).

It would be a cruel and extreme hardship to subject my child to the choices of growing up in the safety, security and proper education of the U.S. without his/her father or to grow up in a poverty-stricken Third-World country with him (see Exhibit E). Without HUSBAND’s presence here in the United States, under these circumstances, I could not attempt to start a family.

Also, if the pre-cancerous cells which cause cervical dysplasia recur, they may not be adequately detected with the technology available in Venezuela (“the healing and scarring process after a cone biopsy may make it difficult to identify abnormal tissue in the future”). If this condition is not treated, it often will grow into an invasive cervical cancer (see Exhibit B).

Additionally, I have experienced many episodes of shortness of breath, severe palpitations, and insomnia in the past year. After ruling out a heart condition and other ailments with a physical, an EKG, and blood tests, my doctor concluded that my symptoms were indicative of anxiety attacks from great stress. If I cannot eliminate the stress (i.e. have my husband back), these attacks will continue and worsen, leading to Anxiety Disorder and Depression (See Exhibit D).

THE HOLMES-RAHE SOCIAL READJUSTMENT RATING SCALE
In 1967 Thomas H. Holmes, M.D. and Richard H. Rahe, M.D. published "The Social Readjustment Rating Scale" in the prestigious Journal of Psychosomatic Research. This scale measures vulnerability to medical illness as a result of stress. It is now famous and still widely used; 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 predicting 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, 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, (such as my previous bout with cervical dysplasia) are presumed to be highly vulnerable to exacerbation. The predictive ranges of the SRRS are:

LCU 0-150: No significant risk
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

The scale was applied on the assumed basis that I was forced to move to Venezuela. My score on this instrument was an astounding 501, with the following analysis, “This score indicates major life crisis and is highly predictive (80%) of serious physical illness within the next 2 years”. On the other hand, if HUSBAND were able to return to the U.S., thus eliminating the hardships/stress factors, the score would drop dramatically to 64 (no significant risk).

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 will be subjected to several factors whose interactions contribute exponentially to my experience of hardship. Each interacts with the other in a manner that heightens their mutual impact. Therefore, the totality of hardship factors exceeds measurement.

III. FAMILY TIES IN THE U.S.
I was born and raised in the U.S. and my entire family lives nearby. I have absolutely no family anywhere in South America. I am very close to both of my parents, my sister, and my 5-year-old niece who has lived with me or near me for most of her life. My mom and sister are my best friends; being separated from them would be devastating. Since neither of them drives, and my father moved away, they both depend on me for many essentials, including grocery shopping and getting to doctor’s appointments. My niece, NIECE, is emotionally attached to me and gets very sad and upset when I’m away, even for a couple of days. If I were to move to Venezuela, it would cause her and my sister hardships in addition to my own. When her mother (my sister) works on evenings and weekends, I am the one who cares for her, plays with her, takes her on outings and tucks her in at night (her father lives 4 hours away and rarely visits). NIECE has become such a part of my life; leaving her would be like abandoning my own child. In addition, she loves and admires HUSBAND and asks for him every day, unable to understand why he isn’t here. Between her father’s absence and her grandfather’s recent departure, HUSBAND’s presence can provide a stable, daily male figure in her life that she does not otherwise have. If HUSBAND is not allowed to return, NIECE will suffer great distress wondering why another man she loves is gone.

I love my family dearly and have never gone more than a couple of months without seeing them. I wouldn’t be able to afford plane tickets, averaging $700- $1000, to visit my family (see below), and phone calls would be too expensive to make very often. This would also greatly add to the growing anxiety attacks I already experience, and is likely to trigger depression (See Exhibit D).

Additionally, HUSBAND only has an aunt and 2 cousins in Venezuela who live in different cities. Due to my inability to speak Spanish, I felt alienated when I spent time with them, and will surely be isolated, and terribly lonely without friends and family to talk to. Being separated from my full, close and loving family will create great emotional distress and hardship to myself and to my family, all of whom are U.S. Citizens. If HUSBAND is not admitted back to the United States, I will never be united with my entire family at the same time.

III. FINANCIAL HARDSHIP AND LACK OF EDUCATIONAL OPPORTUNITY
Here in the U.S. I am employed with an annual salary of $39,000 plus wonderful benefits including tuition reimbursement. I intend to begin graduate school to expand my opportunities in my current field (which I am ill-equipped for with my real estate background), especially since my employer will reimburse a significant portion of my tuition. If I were to move to Venezuela, I would have to leave my job with virtually no prospects to look forward to, and graduate school would no longer be an option (both since I don’t understand Spanish). In addition to that, this would also shatter my chances of future employability in the United States once we are finally able to return. Since it will be impossible to maintain my career in Venezuela (due in major part to my inability to speak the language), my professional standing and career would be ruined.

The unemployment rate in Venezuela is 18%. With about 47% of the population living below the poverty line, it is virtually impossible that I, an American who doesn’t speak Spanish, will be able to secure any employment at all. The minimum wage is about $188/month, though many earn less and have no benefits. HUSBAND has had great difficulty finding any permanent employment, with offers of less than minimum wage, part-time or temporary work, and occasional contract assignments such as translating documents. Even with both of us working, this would not be enough to live on; with only HUSBAND working, it will mean certain poverty (see Exhibit E)

It would also mean that my credit rating would be destroyed. With credit card bills nearing $10,000 (many stemming from legal fees related to HUSBAND’s case), I would be unable to maintain any payments whatsoever (see Exhibit F). My current earnings allow me to pay my bills as well as provide money to my husband so that he may maintain a reasonable and secure standard of living. After making all payments, I have just enough money left over for phone calls to Venezuela and can barely afford the airfare to visit more than once or twice a year. In Venezuela, without my current salary to rely upon, not only would we be subjected to the extreme hardship of living in horrifically sub-standard conditions, but also we would have nothing to return to the U.S. with except damaged credit and debts. However, with HUSBAND in the U.S., he will be gainfully employed and, without the burden of maintaining a second household, our combined income would allow us to quickly pay our debts, buy a home and start a family; none of this will be possible if he is not here.

IV. I DO NOT SPEAK SPANISH
As I have indicated, I do not speak Spanish. This will contribute to and exacerbate the extreme hardships I have already discussed. My lack of Spanish language skills in Venezuela will:
• nullify my efforts to find employment
• make me more vulnerable to crimes targeted to Americans
• make me extremely isolated socially
• make regular activities such as shopping and going to church extremely difficult

VI. HUSBAND ’S CASE FACTS:
HUSBAND was brought to the U.S. by his mother with a valid non-immigrant visa when he was only 11 years old. His mother applied for political asylum but the case was denied. Her attorney filed an appeal and obtained an Employment Authorization Card for her while it was pending. When HUSBAND turned 18, he too received a Social Security Card and Employment Authorization. The same attorney continued to re-apply for the Employment Authorizations annually under the pretense that the appeal was still pending. After working lawfully in the U.S. and paying taxes for several years, the Work Authorization Cards were denied at renewal in 2002 because it was discovered that the appeal for asylum had been denied several years before.

Their attorney had never informed them of the denial of the appeal and falsely misled them into believing that they were living and working legally in the U.S. for many years (see Exhibit G).

HUSBAND and I were already engaged when his Work Authorization was not renewed in 2002, and married on November 12 of that year. While seeking legal advice, we discovered that a deportation order had been issued against his mother (and him, inclusively) in 1997 when he was only 14. He was 20 when we found out and realized too late that he had already remained in the U.S. illegally for all those years without having known it. We were advised by several attorneys to file the I-130 Petition promptly and wait for it to be adjudicated here in the U.S. Sadly, 1 ½ years into our marriage, while the I-130 was still pending, HUSBAND was detained during a routine traffic stop when his driver’s license was checked, and was deported 6 weeks later following a painful and costly legal battle. Now, following his interview at the U.S. Consulate in Caracas, Venezuela, he respectfully seeks this waiver to return home to me.

SUMMARY
I ask you sincerely to take into consideration all these hardships and unbearable decisions that I face while separated from my husband. If HUSBAND is denied permission to return to the U.S., you will be placing me in an impossible dilemma, asking me to face risking my life and the lives, well-being and very existence of my future children – future citizens of the United States – by moving to Venezuela to reunite with my husband in fulfillment of our sacred, profound marital bond. I would also be forsaking my relationship with my family and my secure employment and career opportunities.

Please take into consideration that HUSBAND was only a child when he came to the U.S. and was entirely ignorant of his own status until he reached the age of 20, when it was too late. He had no reason to question the valid Social Security Card and Work Authorizations he was given. He is an innocent victim of an unethical attorney. He did not choose to come to the U.S. at age 11 and did not choose to overstay his visa and remain here in an illegal status. He is a hard-working, law-abiding person who spent more than half his life in the U.S. and contributed greatly to his community with his musical talents and through his church.

I need to have my husband here with me in the U.S. I love my country and am a very proud American citizen. I would not believe that my own country would keep me separated from my husband, when the government has fully recognized our marriage in approving our I-130 petition. Doing so would shatter the confidence I have in my own government to protect me, as keeping me separated from my husband would destroy me.

Please allow HUSBAND to come home to me, so that we may once again live together as husband and wife. Please give us the opportunity to live the American Dream – to start a business together, buy a home, and raise a family – in the safety and security of the great U.S.A. that so many Americans take for granted every day.

Sincerely,

USC

..........................................................................................................

Exhibit Contents and Sources

Exhibit A - Safety concerns in Venezuela

Consular Information Sheet on Venezuela
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1059.html

Current Situation in Venezuela (Consular Announcement)
http://caracas.usembassy.gov/situation.html

Latin America's New Fidel (Herald Tribune)
http://www.iht.com/articles/2005/04/26/opinion/edbremmer.php

More Friction Between US and Venezuela
http://www2.rnw.nl/rnw/en/currentaffairs/region/southam...050325?view=Standard

Murders per Capita - Venezuela 4th Highest
http://www.nationmaster.com/graph-T/cri_mur_cap


Exhibit B - Reproductive health issues

Letter from Dr. ***x, MD

Medline Plus - Cold Knife Cone Biopsy
http://www.nlm.nih.gov/medlineplus/ency/article/003910.htm

Cone Biopsy…
http://my.webmd.com/hw/womens_conditions/hw27835.asp

Cervical Cancer
http://www.oncologychannel.com/cervicalcancer/

National Cervical Cancer Coalition
http://www.nccc-online.org/

Exhibit C - Infant Mortality Rates in Venezuela
http://www.cia.gov/cia/publications/factbook/print/ve.html

Exhibit D - Anxiety Disorders
http://adam.about.com/reports/000028_3.htm

Exhibit E - Poverty, Unemployment, & Minimum Wage

Poverty Line and Unemployment Rates
http://worldfacts.us/Venezuela.htm

Minimum Wage in Venezuela
http://biz.yahoo.com/ap/050427/venezuela_minimum_wage.html?.v=1

Exhibit F - Copies of 2 credit card bills

Exhibit G - Copies of Hubby's Social Security Card and EADs

APPROVED!!

This is Camile1's hardship letter, processed in Jamaica. It was submitted May 5, 2005, an RFE was received in August, waiver denied in December, then approved after an appeal motion in early January 2006.
Per Camile1: "Everything was well documented yet they still wanted more document for every single hardship that i claimed they also wanted a police report too."

************************************************************

RE: *** Case Number: ***x

I, ***s, declare under penalty of perjury, under the laws of the United States, that the forgoing is true and correct.

I. HARDSHIP TO THE U.S. CITIZEN ***

If my husband, ***x, is not admitted to the United States, I, ***s will truly suffer extreme and severe hardship. My health condition would prevent me from living in Jamaica with my husband. At the same time, I would feel compelled by the powerful forces of our complete marital bond to do so.

There are several interacting hardships: Part 1 & 2

MEDICAL

After a near fatal automobile accident my life changed drastically. I sustained life-threatening injuries and can no longer care for myself. Three primary injuries have had devastating effects on my daily life and would prevent me from being able to safely continue on with my life.

1. I have a brain hemorrhage (uncontrollable bleeding in the brain). As a result, I go through periods of instability and unconsciousness where I have to be on bed-rest or hospitalized. At some point surgery may become necessary. In brief, I have to take medication on a daily basis to control the internal bleeding on my brain that is associated with brain hemorrhage it can be said that a Brain Hemorrhage is a state wherein there is very little brain activity, and a person hovers between life and death.

The continued separation from my husband has affected my health so much that by March of this year the hemorrhage had gotten so bad that I was hospitalize. My neurologist did not think I was going to survive as I went through the longest stint of unconsciousness since my accident. According to my neurologist my condition has been exacerbated by the denial of my husband’s visa which has caused additional stress, headaches and internal bleeding on my brain.

On my last visit to my neurologist, she showed grave concern about the magnitude of my brain hemorrhage. She has doubled my daily dose of medication since the denial of my husband’s visa and warned me that I could suffer brain damage which is the leading cause of death for people with Brain Hemorrhage if the amount stress that I am presently experiencing does not reduce drastically. If this situation continues the consequence will result in a significant deterioration in my health which would be life threatening (Exhibit A Letter from Neurologist).

2. I have developed respiratory problems. I have difficulty breathing and have to use a respirator to help me breath properly. My doctors fear that excessive stressor will cause condition to become worse if proper care is not attained. I could develop a blood clot, respiratory paralysis or a coma, all of which could result in death.

3. I have spinal cord injuries which causes excruciating pain and discomfort in my daily activities I have to do daily rehabilitation exercises to try and regain voluntary movements in my body. For this reason, sometimes I am unable to walk without the help of crutches. Again excessive stressor will cause my health to further deteriorate and exacerbate because I require on going medical care my doctors are not sure if I will ever fully regain movement in my body (Exhibit B letter from Chiropractor).

If my husband is not allowed to return my quality of life would radically decline. It is possible that I would spend most of my days trapped inside my house with no one to assist me, unable to leave without high levels of assistance because of my lack of mobility. These issues would result in additional risks to my health placing me in grave danger of death.

Medicine in the United States is among the best in the world, if not the very best. Thus, as long as I remain in the United States and have my husband’s support there is a high probability that my health will improve to some degree. However, medicine in Jamaica is inadequate in comparison. Jamaica's medical care facilities are not modern and doctors are not fully certified and properly trained to deal with my conditions.


PSYCHOLOGICAL HARDSHIP -The thought of been separated from my husband for 10 years is psychologically and emotionally traumatizing to me his presence in my life is critical important. This would create an impossible situation, which is currently wearing on my psychological state, desire to live and ability to function. It is tearing me into two very distinct halves, and can only be resolved by reuniting these two parts in the United States of America. My rehabilitation programs and all of my medication coupled with my psychological counseling have proven to be only marginally successfully sometimes leaving me in more pain at times even suicidal.

I have a major depression- a disorder that is characterized by feelings of inadequacy, dependency, helplessness and an inability to function. Depression is a "whole-body" illness, involving your body, mind, mood, and thoughts. It affects the way you eat and sleep, the way you feel about yourself, and the way you think about things. Without treatment, symptoms can last for weeks, months, or years and in worst case scenarios develop into a full major depressive disorder. With the continued separation from my husband I have slipped in a greater state of depression and the sadness which has increased my negative tendencies.
(Exhibit C letter from Clinical Physiologist).

Currently, I have to take medication daily (Prozac) to try and cope with depression and the separation from my husband which have completely taken over my life and my ability to function. The separation from my husband has affected my health so much that my supervisor has recommend that I take administrative leave from my job and undergo in depth counseling (Exhibit D letter from Supervisor).

At my last session with my psychiatrist he expressed concerns that at some point I will have a nervous breakdown or other major anxiety based trauma. Given my health conditions I would continue to feel isolated and incompetent. This would undoubtedly exacerbate the major depression with which I am already living. According to my psychiatrist, if stressors increase, major depression may result in profound feelings of worthlessness, which could hinder any kind of performance, and result in excessive guilt and even suicidal thoughts. Denial his waiver would cause more unlimited severe and extreme psychological hardship on me. There have been no recovery periods between these events and this fact alone can and may extend the period of depression and lead to major medical disorders.

ECONOMIC-HARDSHIP- My financial status has been impacted severely by this hardship. If I am forced to live without my husband it would be impossible for me to continue support myself above the poverty guidelines with all my over due medical bills brought on by the separation and afford quality health care at the same time (Exhibit E Health insurance cards).

The medical problems that resulted from my accident have limited my ability to function independently. I can no longer care for myself without my husband's financial assistance for my on-going treatments and rehabilitation cost (Exhibit F Invoice from chiropractor).

I have to see a neurologist monthly for MRI (Magnetic Resonance Imaging) a computer-generated image of my central nervous system without using any radiation. CT scan (Computerized Topography) an x-ray technique with minimal radiation to allow a computer to generate a detailed image of my brain (Exhibit G invoice from Cardio Stress Test).

His income is crucial in providing the necessary health care stability and comfort for me to return my basic standard of living that I obtained previously in the U.S. when he was here. It is also imperative that I stay in the United States to receive the medical care I require, the psychological counseling I need, to allow me to continue my education, and to return my standard of living which I obtained in America prior him leaving to Jamaica.

If I were forced to live apart from my husband, I would almost certainly lose my home and my continuation of a higher education because I would not be able to pay my mortgage. At the same time, I would not be able to pay all of my medical expenses and therefore would be expected to default and seriously damage my credit. Because of the gravity of my situation, in the worst-case scenario, there is the potential that without my husband I could lose everything and become homeless. This would also have adverse affects on my credit history, and my reputation as an accountable, responsible citizen (Exhibit H Mortgage Statement).

This would be a very severe change in my standard of living and would further increase my levels of anxiety and depression. This would make my situation even graver and would impact numerous portions of my life: psychological, physical (see medical section), and even future family life. The ramifications would be catastrophic for me. The decline in my standard of living would be drastic, devastating and constitute extreme unusual hardship on me. There have been negative effects in my credit ratings since he has not been at home; my savings have been totally depleted. (Exhibit I Bank Statement).

If ****** is allowed to return to the US, his additional income will allow me to not only restore my good credit, and pay all of my outstanding medical bills but rebuild my financial resources and. I had before he moved back to Jamaica. Rather than financial ruin, I will regain the financial stability that I had. His educational background leans towards electrical work there are several companies that would hire him immediately.

LACK OF STUDIES/CAREER DEVELOPMENT-I am a student at one of the most prestigious Universities in America TESST College of Technology. To date I have taken out $13,248.73 in school loans towards attaining my degree. I am in the first year of a four year program pursuing a Bachelor's Degree in Computer Science.

Sadly, because of the fact that my husband has not returned here yet, I was financially unable to attend school this semester I was not eligible for any more higher education loans because I have already taken out $13,248.73 in federal school loans towards attaining my degree. My pursuit of a higher education has been severely halted. Upon my husband’s return to America and securing a job, I will return to school to continue my education .The non-payment of these student loans will my destroyed my credit rating in the United States if I continue to default on payments, I will incur even more severe financial repercussions (Please see exhibit J Student loan paper).

FAMILY UNITY- By issuing an approval of an I-130 for a spousal visa, the United States government has formally and legally recognized the validity of the marriage between my husband and me. It is well documented that “family unity” is an important value unpinning the raison d’etre of the United States of America and that actions to “assure family unity” are part of the intent of the United States immigration law [for example see Title 8, Chapter 12, Subchapter II, Part II section I, pp. 64 and 65]. Being unable to live together as man and wife would thus not only be contrary to the nature of a good marriage but would also be contrary to the United States government's stance on family unity. Therefore, in essence, being unable to live together should, in accordance with US policy, be recognized as an extreme and unusual hardship.

He is my closest family to take him away I would be lost without him in my life it would be impossible to live without great risk to my psychological well-being. I feel extremely guilty and anxious as a result of the separation every day that goes by and he is not here. This will mean that I would not have children with the prospect of a ten year separation I am currently in my child bearing years ten years from now I will be not be in my child bearing years. Living without him and not been able to have children is unbearable and constitutes extreme hardship to me I do not know how I would be able to continue on what kind of life would I live. It is imperative that ***** be allowed to return to the U.S. as these severe interacting hardships will not only continue but will become even direr if he is denied.

Because this is a full and complete marriage with intense emotional, social, familial, economic, and spiritual ties, my reciprocal bond with my husband must be granted great weight while accessing what would happen to me if *** was not admitted to the United States. I would lose my career, my home, my education and my health will continue to deteriorate, which could prove deadly for me given my health conditions (See medical section). Moreover, I would also be faced with an impossible dilemma and without the possibility to provide for myself given my fragile health.

CITIZENSHIP -I am very proud Patriotic American I was raised in the United States; I have supported my country and will always support it. I am a citizen of the United States and am proud to be a part of its great nation. I fully support the United States with all that it is and all that it will be. To even consider be forced to depart from here would only exacerbate the pain and suffering of all the other hardships.

PART II EXTREME HARDSHIP IN JAMAICA

1.) POOR STATE OF JAMAICAN HEALTH CARE According to the Jamaican Gleaners newspaper hospitals in Jamaica suffer from a shortage of medical doctors, often leading to poor care and lack of proper medical treatment. At times patients are left in care of medical students, with no supervision from qualified medical doctors and a poor nursing staff. Unfortunately, in some cases, this has been known to result in death. As such, if I were to live in Jamaica my quality of life would radically decline (Exhibit K Jamaican Gleaners Newspaper reports).

2.) The US State department has advised seriously ill United States Citizens to make sure they seek health care outside of foreign country. Medical facilities in third world countries are poor. Diagnostic and treatment equipment is most often poorly maintained and many medicines are unavailable. Counterfeit pharmaceuticals are a common problem and may be difficult to distinguish from genuine medications (Exhibit L Department of State Report).

3.) UN-AFFORDABLE HOUSING -If I had to live in Jamaica I would be forced to live with my husband's family, who reside in a small apartment. Currently, including my husband, there are five people living in this apartment. They are only allowed to use water twice a week, which would negatively affect my health. This would be a very severe change in my standard of living and would further increase my levels of anxiety and depression. This would make my situation even graver and would impact numerous portions of my life: psychological, physical (see medical section), and even future family life and have serious repercussions (Exhibit M www.paho.org report).

4.) LACK OF EMPLOYMENT- (UNEMPLOYMENT RATE/MINIMUN WAGE) Jamaica has the highest unemployment rate in the Caribbean, being at 17.5% percent and a low minimum wage of $Ja20/hr –0.55Us$. The average income is $2,000-$4,000 month Jamaican which is equivalent to $50-100us dollars. Thus, even in the unlikely event that I would be able to find a job; it is highly improbable that I would be able to afford any quality health care (Exhibit N Department of labor report).

5.) LACK OF EDUCATIONAL OPPORTUNITIES- From my research, there are no institutions in Jamaica that offer equivalent education or accept all the credits that I have accrued to date. My credits will not transfer if I have to leave the state of Maryland. With my age, lack of education and limited skills it would be impossible for me to maintain the same level of employment standard, or even a level that would allow us to live in a safe and healthy environment, that I could attained at home in the United States (Exhibit O Gleaners Newspaper report).

6.) ON-GOING CIVIL UNREST-Crime, including violent crime, is a serious problem in Jamaica, particularly in ST. Catherine where I would live. While the vast majority of crimes occur in impoverished areas, the violence is not confined. The primary criminal concern of an American is being a victim of theft. In several cases, armed robberies of Americans have turned violent when the victims resisted handing over valuables. Crime is exacerbated by the fact that police are understaffed and ineffective. These conditions would make me petrified to live there (Exhibit P Washington Post Report).

7.) FAMILY TIES.-I have an elderly mother she has chronic back pain her back pain sometimes makes her unable to walk and she has to use a wheel chair. I am her only child and without a doubt, when she reaches a state of decline whereby she requires regular family assistance, I want to be the one who can offer her a high level of assistance. I have no family in Jamaica other than my husband
(Exhibit R letter from Mother).

GOOD CHARACTER/ADMISSABILITY-The reason for having to file the I-601 waiver is based on the fact that my husband entered the United States unlawfully and overstayed for over one year. My husband realizes that entering the United States without inspection was a grave error. We are both aware that breaking the law was a big mistake, but it is not characteristic of him and will never happen again. Because of his mistake he is unable to come back to the United States, which has caused stress and difficulty in my life, and health. This has increased my husband’s level of guilt. He is terribly sorry, deeply repentant and a changed man. My husband presents no danger whatsoever to the interests of the United States of America. He is a hard worker with a strong sense of integrity. He is goal oriented, decent, honest, focused, thoroughly ethical and law-abiding person he has no criminal record. If given a second chance, he would respect all laws of the United States; not only out of fear of reprisal, but also from a genuine love for the country and for his family.

CONCULSION -I must have access to the rehabilitation services necessary for my extensive recovery I will face. Not only must I remain in the US to receive this necessary treatment, but my husband's return to the US is imperative to help me with the intense at-home exercises that will ensure the success of the treatment.

My health issues, psychological hardship and stress that I would experience if my husband is not allowed to return could affect my physical health, and has already begun to do so. When considered in concert with the lower standards of living and levels of accessible care of my specific situation that I would encounter without him, it becomes evident that all of these hardships are interactive. Each hardship that is being experienced by me or would be experienced by me is difficult in nature, yet the interactive nature of the hardships is cumulative, resulting in even more dire circumstances that are both extreme and unusual. Most of all, without my husband, I would set into motion emotional, social, that could prove permanently damaging to my physical, psychological well-being that will destroy my life. I will suffer extreme and unusual hardship in my life if, my husband is denied entry into the United States. I respectfully request his waiver be approved.


Sincerely,

***x