Instead of posting these under "Needed: letters illustrating extreme hardship under I-601", I thought creating a new thread would be easier to read. The following letters are examples of denials. In other words, what NOT to write...
BURDON OF EXTREME HARDSHIP TO USC OR LPR NOT MET
HSL Courtesy of Immigrate2us member ADWILLI1 (also Adwilli1 on this forum)
Here is my letter. I hope it helps others avoid the mistake of not making their family member's hardships their own. See if you could post it. I think I removed all of the personal stuff....
Thanks for your help!!
December 21, 2005
Case Number: *********xx
Addendum to I-601
To Whom It May Concern:
I'm writing this letter because I'm petitioning for my husband ******xx to be granted legal residency to the United States. Israel and I were married on 06/08/02 which was 10 months after the birth of our son. We have been together for about 6 years and married almost 4. It was important for us to build a strong foundation before we committed to marriage and in doing so we've had a very loving and strong relationship. We live in ***X, Oregon with our 4 year old son (***xx ***xx and my 13 year old daughter (***xx ******).
With this letter I would like to point out both the hardships of a prolonged separation from my husband due to any immigration proceeding as well as any family relocation to Mexico to be with my husband.
Finances- ***X and I own aļ‚§ home together in ***X, Oregon. I rely on my husband's income to be able to meet our financial obligations in the way of housing, car payment, insurance, property taxes, utilities, food and child care. (Attachment A-joint bank statements, home loan paperwork, property tax statements, homeowner insurance statements, car registrations, loan obligations, child care statement, etc)
We share joint financial responsibility for both children and all of our household expenses. Although ***X is not ***X's birth father, he is her father in every other way including financially. I have never received any child support for ***X from her natural father. As you will see from the proof submitted even a separation of a couple of months will be devastating to our financial well being. Without his income I do not make enough to cover our current monthly expenses.
Work-I earn more than the average wage forļ‚§ my degree type in the United States. I am very accomplished in my field of employment and have an excellent work reputation that allows for substantial pay increases on a regular basis. It would not be possible for me to find comparable work in Mexico and would drastically reduce our income if forced to relocate. (Attachment B- degree and letter from employer). As part of my employment I also have paid educational opportunities, life and health insurance, and career advancement opportunities which would all have to be forfeited if forced to relocate. Even if I was able to be employed in Mexico the benefits I receive in my current job are not typical of employment practices in similar occupations in Mexico.
Health Insurance-My employer provides Medical, Dentalļ‚§ & Prescription Drug coverage (attachment C-health insurance ID cards) for me, ***X and the children with just a small employee contribution. My employer pays approximately $475 a month with only a $70 employee contribution. If I had to take my whole family and relocate to Mexico we would lose this valuable coverage which is contingent upon my employment with the company. With such a drastic reduction in income and no health insurance we would be unable to provide our children with adequate health care therefore greatly increasing health risks within the family.
Depression-I have suffered from moderate depressionļ‚§ in the past and controlled this condition with anti-depressants called Celexa for 2 years. Since my marriage I have been able to successfully control this condition without medication. A stable routine with regular health exams, exercise and a low stress environment has enabled me to discontinue medication therapy. It is common that extreme changes made to social and economic state could cause relapse of this condition and if so would once again require expensive medication to treat. This drug is considered a tier III drug according to my health insurance company and requires a $60 a month copayment. (Attachment D-family doctor's statement). I have been successful for several years without this medication and feel very fortunate that I have found ways to control this on my own. The symptoms that I suffer with relapses of this condition are irritability, fatigue and mood swings; in the end it is not only I that suffers but also my children. The sense of accomplishment I feel in my career, the love of my husband, children and grandmother greatly contribute to my success in combating this condition. I am hopeful that our situation with my husband's immigration status is resolved very quickly as to not have to have a reoccurrence of this condition.
School-****** (my 13 year oldļ‚§ daughter) is well established in her school but receives extra assistance by way of an Individual Educational Plan (IEP)(attachment E-copies of IEP) through our school district. With this intervention she has improved her grades and is now working at her current grade level. Without the extra assistance (if we were forced to live in Mexico to keep our family together) her education would suffer greatly and she may not be able to graduate from high school. The limited Spanish she speaks would not be sufficient to be successful in any scholastic endeavor outside of the U.S.
***xx (our 4 year old) is in a pre-kindergarten class at a local Christian school where he is thriving and has become accustomed to the routine. He is in his second year with this school and any deviation in his school or surroundings could be socially detrimental to him. He does not speak Spanish and is well integrated in his current cultural setting; his future development could be at risk if he were to lose constant contact with his father or be forced to move to another country.
Careļ‚§ of ***X's Grandmother-While seeking to purchase our first home together in 2003 we specifically looked at homes with additional living quarters for my grandmother, ***X ***X who is 79 years old. I am locally the only capable living family members to care for her into her older years. We found and purchased the perfect family home that has an additional small house on the same lot and ***X now lives in the additional residence and has since September of 2003. At the current time ***X needs only moderate care but has heart and blood pressure problems as well as trouble eating which causes her to choke frequently. She has a call button that she uses if she is having a medical problem which calls our house so we can go and help her. The family home is also the home of ***X who is a huge part of our family unit but could never live in Mexico if we were forced to move. She is not healthy enough to relocate and is under constant doctors' care in the local community. Furthermore, the emotional attachment between the ***X family and their grandmother is very strong and all would suffer emotional distress if they had to be separated as well as the fact that she could not maintain a residence on her own at this time; she would essentially have nowhere to live. (attachment F-Notarized letter from ***X ***X).
The sufferingļ‚§ of our family unit-***X and I take our relationship very seriously and we both have a very strong sense of family responsibility. The responsibilities which we currently share are not only financial but also include nurturing the children and attempting to raise them in a morally and socially responsible fashion. Maintaining our family unity and integrity is mutually important for both of us. Any type of separation will be unbearable and would destroy the very foundation of unity we sought when we married.
In addition to the problems that a prolonged separation could cause for my family relocation would be equally detrimental. ***X and I have both worked hard to obtain (and maintain) our family home. If I was forced to move to Mexico with my children to keep our family in tact it would destroy any family ties in the U.S. The reduction in future earnings would prohibit me from continuing to help my grandmother or even being able to afford to travel to the U.S. to visit my family.
It is probable that relocation or prolonged separation would cause such financial and emotional suffering that it would create an irreparable strain on the marriage and the family as a whole.
Please consider my request for this waiver with the utmost respect for family value as you possibly can.
BURDON OF EXTREME HARDSHIP TO USC OR LPR NOT MET
HSL courtesy of I2US member Kareninna who was denied August 31, 2006.
Re: Letter of Hardship for ******XX
Case # ________________________
US Embassy ___________________, Mexico
To Whom It May Concern:
I, husband, in support of an I-601 application for my wife , am writing this letter based on my hardships if forced to move to Mexico. I met my wife in 2001
while living in Lakeport, California. After continuing our friendship, we united in marriage in 2002. Our daughter ******XX was born in 2003.
If my wife is not admitted to the United States, my daughter and I would suffer severe hardship.
I. Family Hardship:
My daughter is only 1 ½ years old. She would be severely traumatized if separated from her mother. It would be extremely difficult for me to be the sole caretaker of our daughter, as I work from 3:00 pm until 2:00 am every day. I would be required to leave my daughter in the care of strangers for 12 hours each day. The cost of such care would be exorbitant. For my daughter, it would be like losing both parents.
We recently moved from Northern California, to Utah, to build a better life for our family. I am currently employed full-time by Nestles, Inc. This job allows me to support my wife and child, I have Medical Insurance to maintain our good health, and there is a good opportunity for advancement within the company. We live in a good & safe neighborhood, with excellent schools nearby. I plan to attend the local College in the Spring, to further my own education.
If I have to move to Mexico to be with my wife, I would not be able to get a job because I do not speak the language, and Mexico is lacking employment in all areas. I will not be able to support my wife and child. Without employment I will not be able to afford health care, live in a good & safe neighborhood, or provide basic support as head of household. Thus, a move to Mexico would cause immense damage to both my current and future standard of living compared to my social level that I currently have/will obtain in the future here in the United States of America.
I, (husband), a born American and very proud of my country, feel that as an American, family unity is the cornerstone of America. I fully support the United States of America, and all that it stands for. As a citizen of the United States, I have the right to "Life, Liberty, and the Pursuit of Happiness"¯. How can I be happy if my family is torn apart?
My wife has no intention of offending the Law in any way possible. She is a good mother, a loving, supportive wife, and a hard-working, productive citizen. She attends church regularly, has extremely high morals; and will instill these same values in our daughter. There is no hope for me in Mexico. My wife feels guilty because I would be forced to make an emotionally depressing decision to choose between her and my country.
If my wife is not admitted entry to the United States, I will be placed in the midst of an impossible dilemma causing great hardships stated above.
I have seen for myself what Mexico looks like, and I was not reassured by the many negative things seen and heard on local news about the increase in crime, and the kidnappings that go unresolved. I fear for my life and that of my daughter, because it is commonly perceived that Americans have money, and are easy targets for robbery & crime.
Furthermore, Family unification is something that has significant stature in American Immigration Laws, and I ask that I get the right to unite my family once again. I would like to reunite with my wife in America where my family would be complete and my wife and I can pursue our dream of building a good life for our daughter.
I know its weak and missed a lot of stuff, now IĀ´m thinking we can add, our credit cards balances we owned more than 10,000 and his moms medical records she had an accident 4 years ago and she hasnĀ´t been stable emotionaly since then, my daughter develop a disess not called psoriasis I donĀ´t know if thats the right word in spanish but his been going to demartologist for this reason she has small suregys their little ***ps on her skin that they have to cut so they donĀ´t spread, they donĀ´t use anestecia they say its to expensive so you can imagine how she cries every time she goes in, I donĀ´t know of what else I can think of, but I would really appreciate if you guys can help me.
From my heart thank you
This is from ajbillyard. It was denied in Phoenix, AZ.
August 21, 2004
Form I-601 Waiver of Ground of Excluability
In Support of: ***xx ***xx ***xx, Canadian citizen
Submitted by: ***xx ***xx ***xx, U.S. citizen
To Whom It May Concern:
My name is ***xx ***xx and I am a United States citizen. My husband, ***xx ***xx ***xx, is a Canadian citizen. We were married in the United States five and a half years ago and have resided in the United States since that time. In October 2002, ***xx and I filed paperwork to the INS office in Phoenix, AZ for him to obtain permanent residency. Along with that paperwork, we also filed this wavier as we were uncertain if circumstances that my husband found himself in almost 15 years ago might make him inadmissable.
In June 1990, ***xx was returning to the United States from Canada to resume his studies at Brigham Young University in Provo, UT on an F-1 student visa. He had been attending Brigham Young on and off since 1984. While crossing the USA/Canada border, he was inspected by an immigration officer. In the course of the conversation, ***xx volunteered that his mother was living as a permanent resident in the United States and that she might file a petition in his behalf to enable him to become a permanent resident sometime in the future. The inspecting officer subsequently refused ***xx admission to the United States on the basis that he had announced his intent to immigrate into the United States sometime in the future. ***xx did not know that his statement was a declaration of intent to immigrate at that time and he was unsure when and if his mother was going to file a petition for him.
At that point ***xx did not know what to do as he was registered for classes at Brigham Young University that were going to start two days from this incident. He panicked. He decided to attempt to enter at a different border crossing in an effort to get to BYU for the first day of classes. At the second border crossing, the inspecting officer caught ***xx off guard when he asked ***xx if he had ever been refused admission to the United States. ***xx lied and stated that he had not been refused admission. The inspecting officer then told ***xx that he was lying, and that now he would need to return to Canada and await a hearing before an immigration judge. The officer informed him that the hearing would take place "in a week or two"¯ and the he would be notified of the time and place of the hearing at his address in Canada.
***xx subsequently returned to his residence in Canada to await the hearing. In addition, his family attorney at that time filed Form G-28 to notify the INS that he would be representing ***xx and must receive copies of any notifications or correspondence. ***xx never received any notification of any hearing, nor did his attorney. ***xx and his attorney made several phone calls attempting to ascertain the status of his pending hearing, but could get no answers from anyone. Finally, after a significant length of time waiting, he decided to attempt to re-enter the United States in January 1993 on a new student visa to again resume his studies at BYU. He was inspected by an immigration officer. He answered all questions honestly and without misrepresentation. The officer made no mention of the hearing or about the prior problems he had faced. ***xx figured that whatever had happened in 1990 was no longer an issue. He returned to BYU to continue his education, and has remained in status ever since. Since that time, ***xx has been in the United States on a student visa. He obtained his bachelor's degree from BYU in 1996, returned to Canada and again re-entered the United States without any difficulty on a new student visa later in 1996 to pursue a Master's degree in Nutrition at BYU. At no point in ***xx's two entries in 1993 or 1996 did he lie or make any misrepresentation in any way regarding his previous problems.
I met my husband in 1997 and we were subsequently married in Utah in 1998. We prepared paperwork at that time for him to obtain permanent residency status (Form I-130 and Form I-485). We presented the paperwork to the INS office in Salt Lake City, UT to have it looked over to ensure that it was complete prior to submission. The paperwork was returned because the photographs were not large enough. However, while the immigration officer was looking over his paperwork, she entered his name in her computer, wrote down a number, and then left the room for about five minutes. When she returned, she looked at his paperwork to see when he had entered the U.S. When she saw that it was in 1996, she told him that she needed to ensure that it hadn't been within one year of his exclusion since he had been excluded in 1990. This was the first time he became aware that he had been excluded.
At this point, we secured an immigration attorney in Salt Lake City who obtained copies of ***xx's files with INS through the Freedom of Information Act. The files indicated that no notice of a hearing was sent to either ***xx or his attorney. However, the files indicated that a hearing was held in March 1992 in which ***xx was excluded in absentia. The files contained a record of the decision of the immigration judge at his hearing that ***xx was to be excluded for one year. The files indicated that notice of this decision was sent to ***xx's old address in Toronto. He never received this record because he had moved. ***xx did not file a change of address with immigration as he was living in Canada and had no way of knowing how to do so. He did make several attempts at phone calls to try and change his address but was unable to do so. However he was not concerned as he was confident that his attorney would receive notification of any developments in ***xx's case and would subsequently notify him as his attorney knew ***xx's new address and phone number. However, no notifications, decisions, outcomes, or any type of correspondence whatsoever was ever received by ***xx's attorney at any time.
We did not file ***xx's petition at that time, as we were unsure of what to do regarding the exclusion decision. He was currently legal in the United States on a student visa. Since that time, my husband has completed a Master's degree in nutrition at Brigham Young University. He then completed an additional Master's degree and a Doctorate degree in Physical Therapy at the University of St. Augustine for Health Sciences in St. Augustine, FL. He completed his studies in December 2001 and we moved to Arizona in January 2002. He is currently licensed as a Physical Therapist in the state of Arizona.
My husband did not intend to do anything wrong. He was just trying to continue his full-time education at a University in the U.S. which he loved and offered him a great educational opportunity. He also chose to attend BYU because it is a church-sponsored school and his religion is very important to him. If this university had been located in Canada, he would have stayed in Canada and attended school there. When the previous described circumstances occurred, ***xx was returning to a school he had been attending on and off since 1984. He lied about being refused admission at the previous border crossing because he was in a panic and it was in the heat of the moment. He was young and immature at the time. Believe me, he is extremely sorry about this and has learned his lesson. This experience and the subsequent problems have been a major burden on my husband and our family for many years. We have had numerous sleepless nights trying to figure out how to deal with this situation. We have spent countless hours and thousands of dollars that we don't have on attorneys to help us. If there were only some way to undo what happened.
My husband, in good faith, returned to Canada to await the hearing. After waiting an excessive amount of time without he or his attorney receiving any notice of any hearing or judgement, placing his education and his future on hold, he finally decided to attempt to reenter the U.S., which he did successfully without lying or misrepresentation. While he was in school, he maintained all of the conditions of his student status throughout his entire education.
I am requesting a waiver of any possible excludability of my husband. The circumstances of myself and family are such that any such exclusion would place extreme hardship on myself and my family.
As a Doctor of Physical Therapy, ***xx has secured a very good job with a very reputable physical therapy clinic in this area. He is making an annual salary of $x. He has also been offered a partnership in the same company. This, in and of itself, is a wonderful opportunity that will provide our family with a stable financial future. The United States Department of Labor also reports that there continues to be a significant shortage in Doctors of Physical Therapy in this country, and that shortage is expected to grow through at least 2012. He has worked hard in his profession and has been a great asset to this community. He is highly respected not only by his co-workers, collegegues, and patients, he has also earned the respect of numerous physicians in the area who trust the care of their patients to my husband. He is a member in good standing of both the American Physical Therapy Association and Arizona Physical Therapy Association.
Although we do have a stable future with ***xx's current employment situation with good job security, we have accrued a great deal of debt related to educational pursuits. We currently have student loans in excess of $100,000.00. We have been required to begin paying those debts, which total almost $1,000.00 every month. He is also paying for health insurance for both myself and our daughter of $500.00 monthly. Our enormous student loan monthly payments along with other necessary living expenses such as our home mortgage which is almost
$x per month, car payments, and monthly bills require every penny of ***xx's salary.
Here is a breakdown:
***xx's monthly take-home pay: $x
Student Loans -$x
Utilities - $x
Auto Payments - $x
Church Donations -$x
Clothing, misc -$x
This breakdown doesn't include unexpected expenses such as our new baby in December 2003.
We had the wonderful opportunity of having our first baby in December 2003. My daughter and I are both relying on my husband's income for our financial support.
I have done a lot of research regarding the job market for a physical therapist in Canada, and this is a very scary prospect for us if my husband is excluded. First of all, in order to obtain a physical therapist license in Canada, he would have to complete several time consuming and very costly steps. First of all, he would have to complete the Canadian Alliance of Physiotherapy Regulators' credentialing process to determine if he is eligible to work as a physical therapist (or physiotherapist, as it is referred to in Canada). The cost of this process is $725.00. He would likely be required to take more courses and receive more hands-on training. Once his qualifications are complete, he would then need to apply and take additional time to study for the Physiotherapy Competency Exam. The cost of this exam is $1,775.00. He would also have to apply for a Physical Therapist Under Mentorship license. The includes a registration fee of $40.00 and annual dues. Once his registration is accepted, he would be able to practice under a mentor until he is able to obtain results of his exam. After successfully completing the exam, his application and documents will once again be reviewed and a certificate will be mailed to him allowing him to work independently. This entire process will take 6 months to 1 year depending on additional coursework required.
Not only is the initial process of becoming a licensed physical therapist in Canada a timely and costly process, his income would be substantially lower. The average starting salary is $x. According to Job Futures put out by the Government of Canada, he will most likely have a difficult time finding a job because above-average number of recent graduates/immigrants exceeds the number of job openings. He will also have to pay for malpractice insurance and continuing education as many companies do not offer to pay for these additional required expenses.
After 6 months to a year without income, my husband's income will be one-half that of his current income. Combined this with a large amount of school debt on top of our monthly expenses (i.e. mortgage, car payments, monthly bills), we would clearly not be able to make ends meet. Our financial situation would be in greater distress as we would then face the costs of maintaining two households. I would lose our home, have to file for bankruptcy, and in the end, my daughter and I would end up on welfare.
There are several reasons why I cannot and am unwilling to relocate to Canada. First of all, I am able to be close to both my immediate and extended family here in Arizona. I have a single sister who lives very close to us. She has multiple medical problems including a seizure disorder which requires my adult supervision. No other immediate family members live close enough to provide this assistance.
We live close enough to other members of my immediate family that we are able to see them a few times each year. ***xx's mother, is a citizen of the United States. Within the last year, she and ***xx's step-father moved to Arizona to be closer to us and our new baby. ***xx is an only child and he has no father or brothers and sisters. Therefore, his mother is the only family ties on ***xx's side of our family that we have. He has also lived in the United States consecutively for over eight years. I have also lived in the United States since I was born. Neither ***xx or I have any family or friends in Canada. We have no support system of any kind outside the United States.
This is especially important to me with regards to our daughter. Our daughter is close to all of her grandparents, aunts and uncles, and cousins. Our families would not be able to afford the time and the expense of traveling to Canada to see each other. My daughter would not be able to get to know her relatives and this is something that I feel very strongly about. She needs this support system of family and friends as much as I do. Therefore, I am unwilling to move her to Canada. Our daughter, ******, is only 8 months old. These next few years are going to be very critical developmental years for her. She needs a stable environment with a close support system of people who love her and care about her. She also desperately needs her father. If ***xx were excluded from the United States, he would be unable to be actively and daily involved in
Studies show that children in father-absent households have lower IQ, verbal, and performance scores than children in father-present households. Children in father-absent households were also more likely to experience emotional disorders and depression. Long-term effects on girls in father-absent homes include early marriage and early pregnancy, births while single, and increased likelihood of divorce. We are involved in a religion in which family is the core institution. ***xx and I have worked hard to provide a stable environment for our daughter that includes both a mother and a father. It is unfair to begin her life without her father.
We also chose to live in this area due to our religious beliefs. There is a strong community of people of our faith in this area which provide us with a great deal of support as well as socialization with others who have the same standards and morals as we do. We currently live in a community with many young families of our faith which will provide our daughter with friends of high standards and morals. Another of the major reasons we moved to this area is that there a temple of our church in this area providing us with the opportunity to more fully participate in our religious beliefs. Our religion is very important to us. We would be unable to fully practice and participate in our religious beliefs in Canada.
As part of our religious beliefs, ***xx has been given the Priesthood. The Priesthood enables ***xx to provide blessings to our family. For example, our daughter had a serious fall when she was 5 months old. We were so worried about her. ***xx was able to give her a Priesthood blessing that helped her recover and blessed her to be OK. He has also been able to use his Priesthood power to bless the life of my sister when she was faced with a very difficult personal challenge in her life. If ***xx were excluded from the United States, I would no longer be able to enjoy the blessings of having the Priesthood in my home. This would be a great hardship to me as the Priesthood is a source of strength, power, and blessings. It is a very important aspect of my religious beliefs.
Another reason I cannot relocate to Canada is that neither my daugter or myself would have access to healthcare in that country. If my daughter or myself ever needed medical treatment, we would be forced to pay cash - something that we don't have. My daughter will require several well-baby visits to her physician over the next two years which includes receiving vaccinations. I am planning on getting pregnant and continuing our family within the next 6 months to a year. This would require not only labor and delivery care, but prenatal care as well. ***xx and I are not be eligible to have these services covered. We would therefore have to pay for these services ourselves which, with the current cost of healthcare, would be greatly expensive. As stated earlier, this would add to the financial distress that would be placed upon me if ***xx were to be excluded.
We are very involved members of our community. ***xx has voluntarily coached several Little League teams and is currently voluntarily serving on the Boy Scouts of America. I am also very involved several local community activities. This is something that I have not been able to do in past areas that I have lived in as I lacked the friends and associates who would be willing to participate. For instance, I am now actively and regularly involved in a weekly volleyball league and have participated in the league and played with this team for the past 2 years. I am also extensively involved in doing genealogy and have the opportunity of living by the second largest genealogy library in the world. This provides a great source of references and services that allow me to continue with this activity. However, I would not be able to participate in my local community activities, such as those stated above, if it weren't for ***xx. He provides me with a great deal of emotional support. He cares for the baby which allows me to not only perform these extra activities but also helps to decrease the stress in my life.
I plead with you to forgive my husband for the mistakes he made when he was younger and allow him to stay in the United States. He is a good and honest man. We have worked very hard to establish a life that is stable and provides a good environment for our family. Please consider the extreme hardship that any action of deportation or exclusion would cause myself, our eight-month old daughter, my immediate family including my sister who is close to her brother-in-law and relies on him for help with many things, and my mother-in-law who is now a United States citizen. It would also cause hardship to our community to lose such a valuable asset, especially with regards to the service he provides as a Doctor of Physical Therapy and youth leader and mentor in the community. Thank you for your consideration of my situation.
***xx L. ***xx
Last edited by spouse on Fri Nov 04, 2005 3:45 pm; edited 1 time in total
To Whom It May Concern:
I am writing this letter in regards to my wife's, XX , application to enter the US.
I wanted to write this letter to explain the situation in my own words. I am 36 years old, and was never married before meeting (Name). For years I waited to meet the right person, and when I did, I was very excited to marry and raise a family. I have known (Name) for about 5 years"”since we met, I felt that she is the one for me. I have been in love with (Name) for years and have waited for the moment we can get married and raise children. But, given the situation we are in, we have been married for almost 1 year, and yet are still unable to live like husband and wife, with children. I really love (name) and wish nothing more than having her with me in our own home. I work hard, I contribute to society, I pay taxes, and I would hope that my government would help me (not fight me!).
Meeting (Name) has brought happiness into my life. From the day we met, I felt that she was very special. We shared many great times together and I fell completely in love with her"”how could I not, she is my perfect match. Through the last 5 years,(Name) has been very supportive and understanding. Given my commitment to my career and the stress I face on a daily basis, (Name) has been a great supporter. I have seen many downs in my career and always found (Name) by my side helping me get back on track to face the next challenge. I can't imagine what I could have done without her support. I am fortunate to have her in my life. The last year, while (Name) was in Germany awaiting her visa, has been very hard on me. Every time I came home, I wished I had (Name) there by my side. I haven't been able to sleep, I have been too depressed to see my friends, and I haven't enjoyed my usual sports"”squash and golf. Additionally, as the CEO of a small business, I face many challenges each day and the stress is overwhelming. Not having (Name) there to support me has been very hard. In fact, for the first time ever, I missed my commitment to the board of directors to deliver the company targets in 2004. How can I focus on my job when my wife is not home and we are nervous wondering what will happen and how the process will conclude? I struggled a lot last year and I continue to suffer from this long arduous process. I wish it would end soon.
I often thought about moving to Germany to be with (Name). But how could I? My parents rely on my help and financial support. My parents are now old and need my help. My father is diabetic and has a severe heart condition. They have little income and, as a result, I send them money as needed. Additionally, to ensure they are safe and comfortable, I bought them a house to live in, in (City). This is a token of my love, appreciation, and commitment to my parents. For years they raised me up to be a grown successful man"”now they need my help, and I must be there for them. If I move to Germany, given that I would not have a job and would need money to support (Name) and myself, I would have to sell the house my parents live in and take the money to Germany. This would leave my parents stranded and would make me feel terrible that I abandoned my old parents when they needed me most.
Then there is my company"”they heavily rely on my leadership, my customers and employees rely on my commitment and dedication, and my investors (who invested millions of dollars in my personal commitment to the company) and board of directors depend on me to make the company successful. If I were to relocate to Germany and abandon everyone, I would lose everyone's trust. The CEO's job is a very lonely one"”everyone relies on you to deliver and if you don't they hold you personally accountable. If I leave to go to Germany, my employees would never trust me again, my customers would never buy from any company I am involved with again, and my investors would never invest in any company I am involved with again. None of my board members or investors would provide me a positive reference to get another job, and none of my customers would provide me any positive reference. I would never get a job in Germany"”I don't speak German, and even if I did, I would still not get any reference from anyone involved with my current company. Basically, my future career would be ruined!
What can I do? I can't move to Germany and I can't live without (Name)! I am completely stuck. If I continue to live without (Name) with me, it will continue to negatively affect my job and I am likely to, once again, miss my company targets, which could lead to getting fired! The CEO job is very tough and requires complete focus and commitment"”I don't know how to do it while facing these monumental personal problems. Please help me and bring (Name) back to stand by my side while I work hard to meet everyone's expectations. I don't want to disappoint my family, my company, my customers, my employees, and my investors.
Finally, there is my religious believes"”I am Muslim. One of the freedoms that I grew up with in the US, is freedom of religion. This is not the case in Germany. Over the last few years, many have equated terrorism with Muslims! This is clearly an absurd generalization. Just because a few extremists use the Muslim flag to further their personal gains, does not mean that all Muslims are terrorists. Germany has seen several recent incidents with attacks and discrimination against Muslims. If I were to move there, I would fear for my life and my religious freedom that I have enjoyed all my life, living at home.
I am totally stuck! I don't know how to live safely with (Name) while staying committed to my family and job. Please help me with this dilemma. I really appreciate your understanding, time reading this letter, and consideration in this matter.
This is Hugopug2003 letter. She was originally denied through Lima, Peru. However, after having worked with members of this forum to organize and strengthen her letter, she filed a motion to reconsider and was approved.
HARDSHIP TO THE U.S. CITIZEN (USC)
Family History of USC
My grandparents *** & XXio ***xx came to the US in 1917 from Italy were they met in San Francisco, California. After they got married they moved to Hollywood, California were they started their family. My father XX ***xx, my aunt *** ***xx, my aunt ***X and my aunt ***XX were there 4 children. My grandfather XXio had to bare the great depression and take care of his family. During that time around 1927 he started a small cosmetic manufacturing business. He started the business out of his garage.
As the years unfolded my father and aunts all married and built their lives in the Los Angeles area. My father married my mother ***X in 1967. I was born in Encino, California a year later as my parents only child. I also have a half Sister, *** ***xx - from my mother's previous marriage - who is 7 years older than me. After my parents were married, our family settled in West Los angeles, were I was raised.
My Aunt *** ***xx married my uncle ***X ***xx and raised three fine young boys; *** ***x, ***xx, and ***xx. They soon settled in the Westwood area of Los Angeles, 1 block away from UCLA University. My aunt *** became a real estate agent with ***XI Douglas realty, while my Uncle Bob became a Personal Injury Attorney in the Los Angeles area. They have lived in the same home in Westwood for the past 30 years.
My aunt ***X was married to Mr. ***, with whom she had two children. My aunt divorced and remarried my uncle ***X who passed away in 1990. My aunt ***X was the head of the Italian department for 20 years at UCLA. She passed away from cancer in 1997. She was an amazing woman and had the ability to affect many lives. She made everyone she met feel like they were the only person that mattered. She took a big interest in my life and was a m***or influence on the person I have become. Her funeral was attended by more than 400 people, even though it was on a weekday - something I can only hope will happen at mine. She raised her two children, my cousin Peter Soli and Laura Capitani. ***X became an Attorney and ***XX became a travel agent and currently works for our cosmetic company.
My last aunt, ***xx, married my Uncle ***xx and settled in the Bel-Air area of Los Angeles, were she raised her two children, ***x and ***x. Like my aunt ***, ***a, who unfortunately passed away almost two years ago, too was a Real estate agent in the Los Angeles area. My cousin ***xx married a gentlelman from Austria and has settled in the Beverly Hills area of Los Angeles. My cousin Eddie Placidi now lives in the Van Nuys area of the San Fernando Valley close to Los Angeles were he has a advertising business for the travel industry.
Every Easter, Thanksgiving, and Christmas my family used to gather at my grandparents house in Hollywood to celebrate the occasion, with over 15 family members and several close family friends coming to the gatherings. Over the years, my cousins have all had children of their own (except my cousin *** who is currently working on it). The family gatherings have grown and swelled to over 30 plus per event.
We are a very close family and my Grandparents always stressed Family Unity as one of the most important things in life. Although they are no longer with us, there teachings and legacies carry on in every family event that we have.
My family is the most important aspect to my life and the reason I have mentioned it first in my declaration. My family has stayed together here in Los Angeles and we are integrally involved in each other's lives. The family I have, cannot be replaced! I have grown up cherishing our family events and the great times that come with them. Just like my cousins, I to want to have children with my wife as soon as possible. It is very important to me that my children will be USC. My wife has lived away from her family for a long time and is used to being away from them. My entire family welcomed and embraced ***XI into my close-nit Italian family. My family's acceptance means the world to me and was one of the m***or influences for our marriage.
If I were unable to spend the holidays with my family, I would suffer great emotional duress. My wife has been in the states for the last 9+ years and finally found a family within my family. If she were unable to be with me here in the States during the holidays, her sadness and pain would cause my entire family and me much suffering and hardship. The hardship to me would be devastating to my state of my mind and cause me great mental anguish in my day-to-day life.
Several of my family members have written declarations of there own to attest to the extreme and unusual hardship that they are suffering as well. My cousins *** and *** have always been like the brothers I never had. ***, being several years older than me, has been the voice of maturity and invaluable guide in m***or life decisions. ***, on the other hand, is just two years older than me and we get a long famously. We are very close and get together at least twice a month for dinner and speak every week. My Aunt *** and Uncle ***x are very important in my life as well. They are my only remaining Aunt and Uncle still alive. Just before I left for Chile in June to get married in our civil ceremony, they had me over for a celebratory dinner with my family. They look forward to the religious wedding (contingent on visa approval) we are planning in Chile in October with great excitement. They have really embraced and welcomed ***XI into our family unit.
I have only mentioned a few of my very special family members here, but I hope you can see that without my family, my life would be devastated. There continuous involvement in my life is so very necessary. I dream of the opportunity to have my wife come back to the USA so we can have children and be with my family. To have all the love and support with our children and there overwhelming influence in our lives.
The effects of the event on my family are great. My father in particular is affected by this event on his mental and physical states. He is the man in my life that I look up to. He has taught me everything I know and has had the greatest influence on my life. My father is the man I hope to become; a man of character, morals, and family values. My father is 81 years old, but acts like a 60 year oldman. Six years ago he was diagnosed with Prostate Cancer and several doctors, holistic and general medicine, told him that he only had a few years to live. Two years ago, he finally told me about his cancer. He wanted to spear me the pain of his suffering. When I found out about his condition, the only thing I could do was try figuring out how I could help him survive. My dad is a strong willed man with a tremendous amount of pride. He does not ask for help in general.
When he found out the situation that ***XI and I are in, he was very frustrated and upset. The last thing I want to do is disrupt the delicate balance of his life. He has a limited number of years remaining and I do not want to burden him with my troubles and take any pleasure or joy from his life.
As a man of 81, he knows that conventional medicine and therapy for prostate cancer will most likely result in his demise. Even if he survives treatment, he will be a shell of the man he currently is, something that he refuses to do. His opinion is that he wants to retain quality of life and will not allow the doctors to take that away from him. This kind of life example is why my father is so important to me. A man of this kind of understanding is vital for me as a young man, and if he were not in my life, I would regress as a man, a husband, and a human being.
To say that this event has hurt him in every possible way is an understatement. Emotionally with our relationship he has suffered; physically this event has caused him much grief and suffering; spiritually he can only hope that all turns out for the best. He currently is a man in turmoil that can only hope to put his mind, body, and soul to rest with a positive outcome.
My dad has been to a german clinic twice in the last 2 years for a non-invasive therapy to help cure or reduce the prostate cancer. He is completely opposed to invasive surgery that would include cutting out the prostate, radiation or chemotherapy. He has had his PSA levels checked constatntly over the past few years. The PSA levels is a measure of how much cancer and how far along it is. His readings have been anywhere between 40ng/mL – 78ng/mL. If PSA levels are between 4 and 10ng/mL, the chances of prostate cancer are between 20 to 50 percent. If PSA level is over 10ng/mL you have a 50-75 percent chance of prostate cancer and if PSA levels are over 20 ng/mL, there is a 90 percent chance of prostate cancer. http://www.fca.com/articles/UP164.html
Most Doctors would tell you that a man with this extremely high level of PSA has advanced Cancer of the Prostate. Once the cancer breaks the Prostate sack the Cancer can spread throughout the Limph Nodes and could kill him relatively quickly.
This event is putting tremendous stress, tension, anguish, and pressure on him and his cancer. I am greatly concerned that this event will cost him many years of his reaming life, which in turn, is causing me tremendous emotional and psychological hardship. Losing your father is never easy but, I cannot live with the thought of putting my father, the man I love, to an earlier grave. This situation is causing me great concern, and affects my overall mental condition, not to mention the emotional imbalance and potential harm to my overall physiological state. Due to my father's health condition, I cannot move to Chile to live with my wife. I cannot put my father through the pain of having to spend the last few years of his life away from my future children, my wife, and me.
BIO OF USC
I grew up in the Santa Monica area of Los Angeles, California. I have always attended public schools in the above area and have built long lasting relationships in the community. I have worked hard my entire life and have made education a very important art of my life. I graduated with an Associate in Arts Degree from Santa Monica College and a Bachelor of Science Degree from San Diego State University. I passed the Security and Exchange Commission's (SEC) Broker exam and the California Department of Real Estate (DRE) Broker's exam. I worked for the brokerage firm ***x for 6 years and currently I am a licensed Real Estate Broker in California.
I have been a part of the Santa Monica Community for over 25 years and have been a huge supporter in the community. My family business has employed many people in the community and currently does business with many companies as well. My Father and I always donate money to the American Red Cross and donate unused goods to the Salvation Army and Good Will agencies.
I currently play softball 2 nights a week at Memorial park in Santa Monica. I have a team that I manage and another that I only play on. I have built many strong relationships with my teammates. We always go out after the game to local restaurants and support the surrounding businesses.
Desire to Remain in my Home Country
I am very proud to be an American and feel that my Citizenship is something that I am very fortunate to have. I consider myself a red blooded American through and through My father and I always buy American made products in support of our own economy and U.S. workers. I have never had any desire to live anywhere else. I have always been a Patriot of this great Nation. I am active in Politics and a registered Republican. I can't wait to have elections so I can exercise my right to vote.
I desire to continue living in the Los Angeles area of California with my wife and my family. I want to continue to give back to the community and country that I grew up in and hope that my children can do the same. My family and I have spent our entire lives giving to our great country thru education and hard work. I hope and pray that my wife will be granted a visa and we can continue furthering this great nation together.
LIFE LONG FRIENDSHIPS
Since growing up in Santa Monica my whole life I have built friendships that span 5, 10, 20 and even 25 years. These friendships have a dramatic influence on my life. These friends are such positive influences in my life that without them I would be a different person. As you can see six very important friends have also written declarations attesting to the extreme and unusual hardship that they and I have and are going though All these friends are hardworking, educated and professional USC. These are life long friends that I cannot just find anywhere. We share so much in common and I hope that one-day soon my children will be able to play with their children.
One of my best friend and ex roommate ***XI XX has been a friend for close to 20 years. We were roommates for 4 years, were he met his wife ***XI and I met ***XI He always used to tell me that if I did not marry her I would be a fool. He was not the only friend or family member to tell me that. Obviously they have my best interest at heart. ***XI has been a big influence in my life and as roommates we did everything together. When ***XI and ***XI got married I flew to Wisconsin (were ***XI is from) to be in their wedding.
Now ***XI has a home in Westchester with his wife and their 2 year-old-princess, Ashley Rose. She is awfully cute and I just love spending time with her when I go over to their house. ***XI's parents Mr. And Mrs. XX are also very special to me. They have always welcomed me into their home and allowed me to use the key to their private beach for surfing. They have been like parents to me in so many ways and took a special liking to ***XI. They were very happy for me when we got married. The XX's are a special family and the friendship I share with ***XI is invaluable to me. I could never find another friend as good as ***XI. The thought of not being able to live in the USA and talk with and see my best friend weekly would be horrific. ***XI and I love sushi were we meet every week and catch up. This is a special event that I truly love and that cannot be duplicated.
Another close friend of mine is Art Peter and his wife Mia. I have known Art for almost 20 years as well. They have an adorable daughter as well, Carlie. Art has been so wonderful as a friend, always inviting me to his vacation home in Lake Arrowhead, or to his condo in Mammoth, Ca. This past 4th of July he invited me over to spend time with his parents at their house in Santa Monica. It was a special daybecause I was alone and lonley without my wife. Art is planning a trip for this upcoming Presidents day weekend in Mammoth and he is very sad that ***XI cannot be there. He is hopeful though that next year she will be able to attend.
Art is a Commercial Real Estate agent who just started his own business over a year ago. I also have a Real Estate Brokers license and enjoy talking about the real estate market with Art. He and I are both looking to buy a home for our family's and are looking for the market to soften some, so we can buy at a reasonable price. Art and his family have been such big supporters of ***XI and me. They truly are crushed with our current situation and really want ***XI back here in the US. Again, if I would be forced to move to Chile, I would lose the closeness and warm relationship that I have with the Peter family.
One of my most enjoyable friendships is with XX Fry. Although I have only known XX for 5 years, he is a friend for life. XX lives in my apartment building and I was introduced to him through my friend *** who, had a moving company at the time and met XX as a client. XX and I hit off immediately. We usually have dinner twice a week and gossip and chit chat about everything. When ***XI and I lived together, she would invite XX over at least once a week. XX is a great voice of reason; he always has a way of helping me see the other side of an issue. This is very important because sometimes I get very worked over an issue and he helps me see both sides and presents different solutions.
XX is certainly one of my most interesting friends. He is an environmentalist and loves the ocean, something that I enjoy as well being a surfer for over 18 years. We spent the Millennium New Year in Maui together were he taught me deep water diving. We stayed with a friend of his who he was working with on an environmental project dealing with the migration of Hump-back Whales.
He recently found a passion for flying airplanes and has taking me on several flights with him including a flight to our mutual friend ***XI XXs bachelor party in Lake Tahoe. I have really been excited about the prospects of learning to fly and sharing this hobby with XX. I would lose a lot of my self if I were unable to continue being close friends with XX. I could not replace this special friendship.
***XI XX is another friend of over 20 years. ***XI was just recently married in August to his wife Diane. This is truly a match made in heaven. ***XI has been a terrific friend. ***XI's passion is sailing, something that I enjoy as well. He always has parties at his boat, were we go out for harbor cruises. He also has gathering for the Marina Del Rey Chirstmas boat parade and the 4th of July boat parade. Two events that are very special and fun. Both, ***XI and Diane really like ***XI and constantly ask about when she is coming back. Diane always mentions to me how she just loves ***XI and how she looks forward to spending more time with her when she returns.
***XI Graduated from USC in Architecture and started his business almost 8 years ago. He has become successful in the Architect industry and has carved out a niche within his industry. Some of the fun that ***XI and enjoy is the rivalry between UCLA and USC. Because my father graduated UCLA and my aunt Althea was head of the Italian department, I have always considered UCLA our family school. I would have gone to UCLA for my bachelor's degree but they only offered Economics and not specific business degrees. Anyways, ***XI being a USC graduate has always created a rivalry in sporting events that we really enjoy. It is not uncommon for us to sit watching basketball or football games together giving each other a hard time in jest.
My last and dearest friend, who is also writing a declaration on my behalf, is Steven Kamin. To say that Steve is a character is an understatement. He always makes me laugh, but at the same time challenges me to think and be a better person. He recently graduated from Southwestern Law School and is now studying for the California Bar Exam. Steve and I talk everyday and get together as often as possible. At his recent wedding in September of 2003 I was the first friend groomsmen after his brothers. I have known Steve for 12 years and our friendship grows each day that we are together. Steve is one of my closest and best friends and I would not be able to preserve this special bond if my wife were not granted a visa and I was forced to leave the US.
***XI ***x, Art ***, XX ***, ***XI *** and *** ***x are all close friends. I could wrtie eternaly about my friendships and the importance of each one, but I am just presenting the most important ones.
How ***XI and I Met and Our Story
In early December 2000 a few of my friends and I planned a trip for New Years. We first went to Lake Tahoe for a few days and then, my friends ***, Linnea, Susie, and I met in Mammoth Lakes were we had rented a condo to go snowboarding and to celebrate New Years. Once we were in Mammoth two friends of Susie's met up with us at the condo. They were ***XI Flores and her Sister Paula Flores. I was immediately attracked to ***XI, but was a little shy about asking her out. We all had so much fun for those 4 days in Mammoth and it capped one of the best weeks of my life. My friend XX Fry was dating Susie, ***XI's close friend. The next weekend after we returned they were going out and asked me if I wanted to join. At first I thought, no I don't want to be the 3rd wheel, but they informed me that ***XI was coming as well. Without hesitation I accepted and off we went. Little did I know that ***XI had liked me too, and that the chance to spend time with her would change my life forever. When we met up with ***XI, the attraction we had for each other was clear, and after that first night of being together we were inseparable. We spent the next several months together almost every night. After that, I felt the need to be with her permanently. Then I asked ***XIto move in with me, which she gladly accepted. Something told me that this woman was the right one. I mean I had other girlfriends but never had I moved in so quickly and felt so sure about another person in my life. ***XI really acclimated herself in my life and soon took on the roles of a traditional partner, cooking, cleaning, and taking care of me. Something that I never really had growing up. I finally found my life partner and was ready for the next chapter in my life to start.
MY WIFE, MY LIFE
When I fell in love with ***XI, she was like any other girl in the states that I could have met. She had a job, a car, was going to college, and had a life. I did not know much about immigration and the potential consequences. As a US Citizen, I never thought that her legal status in the US could prove so challenging. In April of 2001, ***XI filed for Labor Certification under section 245i(i) of INA with her Attorney Roger Gleckman, in an attempt to adjust her legal status in the US as part of her good faith effort to abide by the Laws of the this country.
The fact that ***XI, my wife, has been in Chilefor so long has been extremely difficult for my family, friends, and me. I talk to my wife every day and we email each other constantly. The importance of having my wife in my life as much as possible is evidenced by going to Chile 4 times in the last year to be with her. Although I cannot continue with these trips, as this is only a temporary solution. The strain and difficulty to plan and coordinate the time away from my father and our business, is overwhelming. While the anxiety and excitement about going to be with my wife is always awesome, and the time I spend with her seems to be the only time I am truly happy, it is always temporary, as I have to leave her and come back to my life. At which point I am sad and depressed. These emotional ups and downs are very traumatic and difficult on my overall state of mind.
I am also very concerned about my wife's state of mind. I feel that she is slipping into depression and that she too is riding an emotional roller coaster. The thought of my wife suffering is extremely difficult to internalize and process for me. This only adds another layer of stress, sadness, and mental anguish to my already overloaded plate. I am very concerned that at some point I will have a nervous breakdown or other m***or anxiety based trauma. At that point I will not be able to be the glue that holds everything in my life together and then my world will fall apart.
DESIRE TO HAVE A FAMILY
My whole life I have dreamed of having two children. This is something that my wife and I pray will happen as soon as possible. I have always enjoyed sports in my life and would be blessed to have a son to play baseball with and teach to surf and snowboard. Not to mention be able to play with all my friends children and grow up in the same community as I did. Another great desire is to have my children born in this great nation of ours and enjoy the same benefits that I did. If my wife is not allowed to come back to the US, that dream could not come true. How could I have children if they would have to live in another country with their mother, while I will only be with them a few times a year at best. What kind of father would or could I be. I would miss the most important years of a my children's development, which is from birth to 5 years old. To add to this, my father, who is 81 years old, will not be able to enjoy the years he has left with his grandchildren. He does not have any grandchildren right now, how could I deprive him of having his grandchildren arround? I could also not deprive my children from having their mother arround either. So how could I have children under these circumstances? I cannot handle the thought of not being able to procreate. This would crush me, my wife and my family!
Our Family Business
My Father and I currently have a cosmetic manufacturing business in the Santa Monica area. This is a business that my grandfather XXo ***xx started in 1927. Currently I run the factory for my father in all aspects. One day this business will be mine and eventualy will be my children's too. My duties and responsibilities include: all the purchasing, formulating of the cosmetics, operating and maintaining machinery, management of all employees, and running the general day- to-day business.
My fathers Cancer precludes him from physically working at the factory. He can only help in an advisory capacity. Without me to run the day-to-day operations, there is no one that my father can trust to come in and take over. This is a very important point, because my father has a difficult time trusting people. As he has aged this issue has become more prevalent in his life. He generally only hires family or friends that we have known for 10 years or longer. Ultimately, if I were not here in the United States to run the company for him, he would be forced to close or sell the business. This event would more than likely result in USC's losing their jobs and the loss of business to the community and other US businesses. This is very important, because my father believes in paying people more than they are worth. It gives him piece of mind. All the employees we have would only be able to find jobs for 30% less than they are making now. These citizens would end up suffering financial hardship and emotional suffering
What I do at our company is very specialized; no outsider could just come in and take over the operations. At our company I am a one-arm-paper-hanger in that, I am responsible for all aspects of the company. I fix all our automated machinery; which includes a 4 head filling machine, a lobe pump, an automated capper, a side labeler, a mixing tank, a colloid mill, and a self-contained gas/electric kettle. All these machines require specialized knowledge and understanding to keep them maintained and operational. The company would have to hire someone specialized in just machinery to do this one facet of my job.
I have access and responsibility to formulate all our products. Having to trust someone to formulate our products would be very costly and risky. If they were to make a mistake it could cost us the business as we could be sued if harm comes to our consumers. Also, our formulas are our own and we cannot trust an outsider with them. The cost of a qualified chemist would be very high and my fathers trust issue would be a factor again. That is another position that I am currently responsible for as well
Another area that I handle is our office and computer operations. I have put together a network of computers and automated our whole billing, shipping and receiving process. This is a very specialized area of knowledge; our company would again have to hire a specialist just for this responsibility.
With the understanding of how much responsibility and how hard I work every day, our company could not stay in business if they had to hire 3 or 4 specialist to replace me. Further to this point is that this company is my future and my family's future. I cannot find another opportunity like this in the United States or in Chile for that matter. If my wife were not allowed back to the USA, I would be forced to give up my legacy to be with her. The thought of this 3rd generation family business being sold to a non-family member or being closed for good would be devastating. I have spent most of my life building this business and the thought of losing it would crush my overall mental state of mind.
The financial impact and loss of future earnings would be another devastating event for me to deal with. If I had to move to Chile to be with my wife I would lose all my future earnings from the company as well as inheriting it. My father is unable to physically or emotionally deal with all the day-to-day responsibility. He would be forced to sell it or let it go out of business. This would make him very unhappy and would be a tremendous strain on our relationship. I do not know if he would ever forgive me. Again I do not want to upset his delicate balance and risk taking any years off of his life. My father and I currently share in the profits of the company 50/50. No one in the US, or Chile for that matter, is going to offer me an opportunity like this. It is not that I just work for someone in a specific field and could just find a job somewhere else. What I do is specialized and specific to our company. How could I provide for my family in Chile?? Who will hire me in Chile?? I do not speak Spanish; this would make my life beyond difficult if I were forced to move there. It would take me years to adapt to their language and culture.
These events would have a m***or impact on how I feel and view myself as a man. I would have to abandon my father and our company to be with my wife. I have worked extremely hard to get to this point in my life and having to give it up would be demoralizing. The last thing I want is to lose my self-confidence and positive self image. I worry that I could fall into a deep depression that could have a dramatic and destructive effect on my families' lives as well as on mine.
Why she went to Chile
***XI left for Chile on February 19th 2003 to visit her family in Chile. It had been a long time since she had seen them, and she was particularly concerned about her uncle who has cancer and her grandmother who is 83 years old. She felt that she needed to see them in case something happened to them while she was in the US. My wife and I were planning to get married sometime toward the end of 2003. We never imagined that if she left she would be bared from the US for 10 years.
Furthermore, we consulted her Attorney, Roger Gleckman, who was working on her Labor Certification. We were told by his paralegal Susan Steinberger that it would be ok for her to leave and that her Labor certification case would continue and that everything would be fine. We had no reason to question or doubt the paralegal and would soon find out that most of the information from her or the Attorney was incorrect. In fact, as I came down to Chile a month after ***XI left, we got engaged and called Roger Gleckman from Chile, he was unavailable. We spoke with the same Paralegal who told us not to marry in Chile that week and to come back and file a K-1 FiancĆ©e visa, which we did. As we realized how long that process would take, we finally spoke with Roger Gleckman. He told me to go back and get married and that he could get my wife back in two months with a new visa called a K-3. I went back at my next opportunity to Chile and we got married June 17th, at civil wedding. At that time ***XI's father suggested that we go to the consulate in Santiago and file our paper work directly. I spoke with Mr. Gleckman from Chile and he advised us to return and file the papers with him. He advised me not to go to the consulate. We found out months later that a direct consular filing would have only taken a few weeks, for an immigrant visa instead of at least 6 months for a K-3 non-immigrant visa. After I returned I meet with the Mr. Gleckman to file the paperwork. At that point I realized that he was unsure of the K-3 laws since it was a relatively new visa. He told me that he would call me in a week and let me know. After two weeks passed with no answer from him and after leaving several phone messages I finally realized something was wrong. I know that I needed to research and understand what was really going on. We trusted the attorney and his paralegal because they were the experts and had been doing this for 30 years. I thought that the reason to hire an Attorney is to represent you with your best interest on their minds. I did not think that I would need to know everything about our case and double check his work and decisions. It was not until I started to do research that we heard and realized for the first time, that my wife was subject to the 10-year bar/ban. If we had been given the correct advise in the beginning we would have gotten married in the US as she was grandfathered under section 245(i) of the INA. No one in their right mind would subject themselves to this event and any USC would expect their immigration Attorney to give them the correct advise when the consequences are so severe.
We finally filed our I-130 marriage documents and received a receipt. We then filed the K-3 visa and received a September 23rd, 2003 priority date. The consulate in Santiago has received the case and we are waiting for our interview date. We anticipate the need for this waiver and are a trying to be proactive to save time.
This whole case could have been avoided and we could have married in the US if onlyour US attorney and his paralegal would have given us proper and fair advise. In fact the attorney Roger Gleckman has offered to finish our case for free because of the mistakes by his paralegal. Our case cannot be fixed and our time lost together cannot be returned to us.
Cultural and language Barriers
If I have to move to Chile to be with my wife I would struggle to adapt to her culture. I have been to Chile 4 times in the past year and have found it very difficult to deal with the difference in culture. For instance, the Chilean culture eats there dinner at 10–11 p.m. at night. My whole life I have eaten dinner at 5-6 p.m. It is very difficult to go to bed with a full stomach. The food never agrees with me. I always end up with diarrhea and an upset stomach, and almost no sleep.
A more difficult reality is the fact that I do not speak Spanish. I have tried taking classes in college and even independently and I fail miserably. I can figure out any math problem you give me, but I cannot figure out foreign languages. When I am in Chile I constantly struggle with the simplest of communication tasks. It would take me years to adapt and learn the language. It would still be apparent to the Chileans that I was a foreigner and that would make me susceptible to being taken advantage of in countless ways.
Another problem with my lack of spanish, is the fact that aside from ***XI's close family, nobody else in her family speaks english. In the occations that I have been with her family, I have been alienated. They talk, laugh, and enjoy these gatherings, from which I cannot participate. They try including me in their conversations, but after a few minutes they give up. I cannot picture the idea of having to spend Holidays under these circumstances. I grew up loving the holidays as they would always be an enjoyable family reunion. If I have to live in Chile, I will have to spend my holidays with her family and completely alianated.
This is Denisa's hardship letter for CIMT, which was denied by USCIS Frankfurt.
September 8, 2005
RE: Hardship letter/ I-601
Beneficiary : ....
File No. .....
To Whom It May Concern:
I, usc, in support of an I-601 application for my wife, alien, am writing this letter based on my hardships if forced to move to Romania. I would suffer severe hardship. My Psychological / Emotional Health, Children / Family responsibilities, and financial responsibilities would prevent me from living in Romania with my wife, alien. At the same time would feel compelled by powerful forces to complete my marital bond to do so.
I meet my wife,alien, on the internet and we developed a relationship. In December of 2004 I visit her in Romania. Upon my departure in January, we had known that we were very much in love and wanted to spend the rest of our lives together. In May 2005, I returned and May ...2005 we were married.ALIEN and I have been in constant communication since we meet especially since our marriage. It will be impossible , both financially and emotionally, for me to continue this long distance relationship.
I, usc, have two sons from a previous marriage. ......, born on .... and...... I have an incredible paternal bond with and .... and ... would suffer an extreme hardship if I was forced to move to Romania. My divorce papers show that I have shared parental responsibility and full parental rights and primary physical residence of the children with me , the father. (Exhibit A). My ex-wife will never agree to me moving my youngest son to Romania . The courts do not look favorably on parents moving the children thousands of miles away from home and family. It would be a long drawn out battle , both emotionally and financially. This severe hardship would put an enormous stain on me and my children, not to mention all other parties involved. I would be forced to leave my son's behind. This would be an extreme unusual hardship on me.
1. My son , .....although is 18 years old now and does not live at home. He relies on me for direction and support in everyday life. He is in basic training with the .......
After basic and job training, he plans on attending college and serving in the .....
Reserves. I plan on supporting him financially and morally during his academic endeavors
2. My youngest son ....., age ..., is very dependant upon me to provide a home and financial support. We plan on him living with me while he finishes high school here in........
I am very proud of my sons. I am always there for them, It is very important to be able to continue to be. To be separated by living in Romania, and having very limited access to them, only by expensive international phone calls will be extreme hardship to me and them.
My,USC, employment status is stable at the moment. I am employed full time with the same company for...years. I have a base yearly income of $.......with the opportunity for overtime. Through the company I have benefits that include; health insurance, life insurance, dental insurance, disability insurance ( short and long term) and 401 K retirement plan. In which I can add ALIEN once we unite here in the US. ( granted approval of I-601 ). If I am forced to move to Romania to be with my wife, ALIEN, I would suffer extreme economic hardship. I do not speak Romanian. With this huge language barrier I will experience extreme hardship in finding a job, and having quality health care to start a family there. The average monthly income is around $270 USD. (Exhibit b) . A move to Romania will cause damage to both my current and future standard of living compared to my social level that I have/ will obtain in the future.
My, USC financial status is encumber some, with an outstanding mortgage of $.....and credit card debt of...... (Exhibit C). If I was forced to move it would be impossible for me to cover the debt because of the language barrier, lack of employability and low wages in Romania. This will have adverse affects on my credit history and my reputation as an accountable, responsible citizen. Financial difficulties and the overall economic situation in Romania would affect the possibility of ALIEN and me starting a family. This would be an extreme hardship to me because I want to start a family with my wife. Due to these financial and economic issues, ALIEN and I would be forced to live with ALIEN's family, who live in a two bedroom apartment. Currently, including ALIEN there are 5 people living in this apartment. With the language barrier I have, will be very hard to communicate with ALIENs family. This would be a very severe change in living standards for me and would increase my level of hardship.
Additionally it would be nearly impossible for me to visit my family in the United States because plane tickets are between $950.00 and 3,800.00. (Exhibit D)
The high cost of International phone calls to stay in touch with family and friends it will be very difficult to communicate. Combined with the language barrier and prices for flights to visit or come home in time of "family needs"¯. I will be isolated and alienated from my family and will be an extreme hardship to me.
I, USC, was born and have lived all my life in the United States. I have very strong ties and full support from my family. I frequently see them for family events such as birthdays, holidays, and daily gatherings. My mother, sister and nephews all live within 30 minutes of me. If I am forced to relocate I would have very limited, if any, contact with my family and I would almost never be united with my entire family, meaning that I would not be with my wife, my family and my son's at the same time. I am very close with my nephews they are like sons to me. I cannot move to Romania because my family as I know it would be lost
I,USC, have a very close relationship with my mother. My mother, ...., has reached a state of decline, she has had a total knee replacement and needs the other knee done, and she also has arthritis, high blood pressure and diabetes. Her mobility is very limited. Most family outings that require a lot of walking she is forced to use a wheelchair. She only works part-time to cover her basic bills. I spend 4-5 hours a week doing "chores"¯ for her, from yard work to household matinence. A good example of this, is the three "historic"¯ hurricanes that hit the....area last year.(Exhibit E). The .... area had heavy damage. I was able to secure her home with plywood over windows and cleaned her property of storm debris after each storm and made minor roof repairs. My mother also stayed in my home due to power outages in her area for days at a time. Being part of experiencing a natural disaster like hurricanes, brings tight knit family's even closer. She raised my sister and me as a single parent. She is not married and lives alone. When my mothers decline requires more assistance, I want to, I need to be one of those people who will offer a high level of assistance. If I am unable to respond to my mother's need when that time comes, this would be an extreme hardship to me.
The emotional hardship that I , USC, will endure if this waiver application is denied will be nothing short of devastating. The current stresses of the entire visa process, and this I-601 waiver has taxed me emotionally and physically .I am already suffering from sleepless nights, have high levels of anxiety, and my work performance has been hindered. If I had to live in Romania it would be an extremely difficult choice for me. I would suffer a lot of emotional turmoil.
Leaving behind my family and my job and country and my home would be a very difficult adjustment for me to make.
I, USC, am a proud patriotic American citizen of the United States, I support my country and I will always support it, and to imagine having to leave would destroy the pride I have in the United States and to even consider being forced to depart from here would only expoentiate the pain and suffering of the other hardships.
I, USC, and ALIEN have full plans on spending our lives together. This includes residency in the United States, a generation of children, a religion, and mutual support in life goals. This is a full and complete marriage with intense emotional, social, family, economic, and spiritual ties. It is imperative we do so in the United States.
It needs to emphasized that by issuing an approval of the I-130 the United States government has formally and legally recognized the validity of the marriage between us.
It documented that "family unity"¯ is an important value underpinning the raison d'etre of the United States and that actions to "assure family unity"¯ is part of the intent of u.s. immigration law (for example see Title 8, Chapter 12, Subchapter II, Part II, Section I, pp. 64 and 65). It is a function of United States law to provide legal definition and recognition to this marriage between ALIEN and me. In all marriages, there are multiple factors such as social, psychological, famial, economic and spiritual bonds, which are presumed by law to exist conjointly with the legal presence of marriage. Support for these complex, interacting marital bonds is a function of the United States
My,USC, moving to Romania would only cause a severe and extreme hardship for me, it would devastate me. If ALIEN is not admitted to the United States of America, I will be placed in an impossible dilemma. By moving to Romania it would put me, and other family member's economic well being at risk. Romania is also economically depressed. Has poor health care (by U.S. standards) and cannot provide me with the employment opportunities necessary to fulfill my dreams and maintain my standard of living, and be unavailable to share with my family. This would set into motion emotional, social, and medical forces that could prove permanently damaging to my psychological and financial well being.
ALIEN is a family oriented woman with high moral and religious standards. She is extremely sorry for the crime on her record. She would like to mention that it was out of character for her, and she has never engaged in any other illegal activities. Repeating her mistake is not an option and will not happen. This was a one time offense, she has paid the price for it, and it will not happen again, she is truly remorseful for what
has happened, and has learned a valuable lesson from that. ALIEN is an upstanding citizen of Romania, and has excellent ethics, and will carry those values with him here to America.
I,USC, have lived an honest life as a U.S. citizen, having been born in the USA. I have worked very hard to meet all my obligations. I have always paid my taxes, performed my civic obligations, voted in elections, and obeyed the law. I am now asking my government to recognize my sincere contributions as a citizen and permit ALIEN as an immigrant so that our family can be made whole.ALIEN and I are prepared to spend the rest of our lives together supporting each other. I am employed, make a decent, honest living. I have a home, and have the ability to support her. So I am asking you please grant her the I-601 waiver.
These are blueblue's letters, denied in Athens.
I actually sent 2 HSL. The first one was submitted to Cyprus with evidence and the I-601 in Feb, 2005. The second was Express mailed directly to Athens DHS in Sep 2005 with more evidence.
This is the first HSL:
To Whom It May Concern:
I am submitting the following request for waiver based on the finding of ineligibility under Section 212(a)(2)(A)(i)(II) as stated in communication from the Cyprus embassy. However, we do not concede this finding and feel it is improper finding of ineligibility based on the ruling of the U.S. Federal Court 9th Circuit (under whose jurisdiction we live and which the incident occurred and was expunged) in Lugan-Amendariz v. INS which states that: "First convictions for simple drug possession may be expunged, and will not count as conviction for immigration purposes. See Lujan-Armendariz v. INS, 222 F.3d 728 (9th Cir. 2000);"
Notwithstanding the above, pursuant to our application for Waiver of Inadmissability in connection with our I-130 Petition for Spouse Immigrant Visa, we request approval of the waiver of inadmissibility so that we may achieve family unity based on the following extreme hardship to our daughter and me:
Wife and Husband met through his brother in 1983. They married the first time in 1984 when they were 18 and 21 years old. They had a daughter, Daughter , in 1989. As they were young when they married, they lacked the resources and maturity to properly handle the differences and some of the every day problems of married life. They eventually divorced in 1996 but remained connected through the years as joint legal custodians of their daughter. They matured and in 2001 had worked through their problems and determined to remarry and reunite their family. As Husband was outside the US when they decided to remarry, their first step was to investigate options for his return. That led them to make an inquiry to the US embassy at Cairo, in addition to other research they undertook. They determined based on our research the most efficient route to reunite was to seek a Fiance visa. They filed a Fiance petition in July 2002 which was approved in February 2003. We had our interview at Cairo in June 2003, submitted fingerprints and underwent security clearance and name check. In July, 2003 the fingerprint results were returned to Cairo. In September, 2003 we received an email from Cairo saying that "due to several irregularities the Consular Officer decided to forward your visa case to the BCIS office in Athens for review and adjudication." Despite INA 212(b) and 9FAM 42.81 requiring the embassy to provide them with written notification of the "provision of law on which the refusal is based, the factual basis for the refusal, any missing documents, [..] and any relief available to overcome the refusal."¯ Husband and Wifewere never advised from the embassy the reason for the refusal, the law that applied or any remedy available despite repeated requests they sent to Cairo. It was only after contacting their Congressman, that they learned of Cairo's assumption about their inquiry and resulting speculative decision that led to the return of their fiancĆ© petition. Their inquiry at the embassy was allegedly used as a reason to deny their Fiance petition visa at Cairo. Numerous requests they sent to Cairo for information and to provide further evidence were ignored.
Subsequently, in October 2003 they filed for Immigrant Visa with Cyprus. Wife and Husband remarried in Cyprus in October 2004 after waiting nearly a year for another security clearance. Now they have received in January, 2005 a finding of inadmissibility as stated above.
The U.S. citizen spouse, Wife and U.S. citizen daughter, Daughter 15 years old, will suffer extreme hardship if Husband 's visa is denied and in order to achieve family unity we would be required to move to Libya to live with the applicant.
These last three years have been extremely stressful and a burden emotionally, psychologically and financially. Wife has been torn by the desire and need to be with my husband yet unable to move outside the U.S. because of the reasons detailed in this letter. This has resulted in feelings of depression and isolation and lack of focus. This state has had a direct impact on her ability to earn a living. See attached tax returns from 2001, 2002 and 20003 showing the 85% drop in her income from $***,000 in 2001 to less than $xx,000 in 2003 due to having been laid off and not being able to focus the necessary energy and effort into my new career to recover financially. The continued separation, feelings of wrongful handling in their case and continued worry and the constant, continued and prolonged distraction of her extensive efforts to remedy the situation have had significant impact on her ability to concentrate and focus on her job. This has directly impacted her ability to recover her earning potential. Wife and Husband remain determined and committed to reuniting their family and despite overwhelming injustice they have faced in this process including the hardship and stress of separation, they remain committed in their efforts to reunite in their home in California.
Education & Economic
Both Daughter and Wife have lived their entire lives in the United States. They have established their home here. Daughter is an 10th grade student attending XYZ High School. Wife is a marketing professional with extensive experience in the high tech industry and pursuing a career as a financial advisor with licenses from the State of X and NASD. They own a home and live in the school district where Daughter attends high school. Wife and Daughter would both suffer significantly in adjusting to the culture of Libya with a totalitarian government and incompatible education system. The United States is their home and both Daughter and Wife have lived here their whole life. They have a home and are very settled into the American way of life.
Daughter is an established student pursuing college preparatory courses in high school. She has an established network of friends and is now doing very well in her studies. In addition, she is an avid athlete participating in her school sports on the school teams this year for Basketball, Swim and Volleyball. She plans to continue her sports career with a goal of pursuing a college sports scholarship.
Daughter has suffered extreme hardship due to the separation from her father. It has affected her school work, her behavior and her emotions. Over time they have worked hard to recover her interest and motivations and she has been doing better since Husband and Wife have reunited and have the expectation of being together as a family. Copies of her school progress reports (item #2) are attached noting her struggles and achievements as her hopes and expectations of reunification began but then has met with extensive delays. Letters from her teacher and school counselor as well as friends and family supporting their application are attached. (item #3) Failure to complete their family unification could prove further devastating to her and it can be expected to have similar negative effects on her continued advancements in high school, an important scholastic and social development period in her life.
Neither Wife nor Daughter can read, write nor speak Arabic. Our native language is English. While Wife studied Arabic in college for a year, she has never excelled beyond understanding a few random words. Daughter did briefly attend Arabic classes (in first and second grade) but was only introduced to the alphabet. Moving to a country that operates in Arabic would pose extreme hardship for them. They would not be able to communicate without the assistance of an interpreter. In addition, Daughter 's schooling would be severely disrupted. She would not be able to continue on track with her school work and her college aspirations would be disheveled (See Matter of Kao May, 2001)
Wife would have difficulty in finding a job both due to her lack of Arabic language skills and the inapplicability of her skills in high tech marketing or financial planning based on U.S. securities and financial laws and markets. The inability to find employment would require us to rely only on the applicant for support in a country that hinders even its citizens from making a reliable living. Business and personal property laws have been continually shifting resulting in loss of property, loss of business or inhospitable business climate that has resulted in investment and business losses and ultimately inability to make a reliable living.
With the exception of the Husband 's brothers and sisters, neither Wife nor Daughter know anyone in Libya. In addition, with the exception of Husband , all of Wife's family brothers, uncles, aunts, cousins, etc. lives in the United States. Daughter is the only grandchild of Wife's parents and they are the only living grandparents for Daughter . For the last 15 years, they have visited during the winter months from their home in Illinois to live with Wife and Daughter in California. In addition, Wife's mother suffers from Type I Diabetes and had suffered heart problems in the last year. Her father is in recovery from prostate cancer and is being treated for high blood pressure. As they advance in years, it is likely that one or both parents will require personal care in the near future. As their only daughter, Wife will be required to provide this care for them in her home. Living in Libya, our ability to travel would be severely limited due to the expense and distance precluding our ability to visit my parents and Daughter 's only grandparents who are now 77 and 80 years old. This would pose an extreme hardship to lose the love and relationship in their later years for both her parents and Daughter and Wife as well as leave them without the ability for Wife to care for them when needed.
Wife is currently providing a home for her eldest brother who is disabled and receiving social security disability. (item #4) After her parents were no longer able to oversee his care in 2004, he moved into her home and she is providing the assistance he needs to maintain independence. If Wife and Daughter were required to move to Libya to reunite their family, this would create an extreme hardship for Wife's family in the U.S. by eliminating her as a caregiver for her brother.
Recent psychological studies have supported the hardships of single parent families and their affects on the children as well as the importance of fathers in the lives of their children.
More surprising, however, is the extent and duration of emotional damage suffered by these children. The California Children of Divorce Study has documented elevated levels of depression, underachievement, and difficulty maintaining stable love relationships into adulthood.
What all of this argues for is the importance of children having two resident parents. The mother-father-child household is humankind's universal child-rearing institution. Marriage, which brings the two sexes together in a unique legal, social, economic and spiritual union, has had special protection within the law and culture because it is indispensable to civilized life. (Source: "The Unexpected Legacy of Divorce: A 25-year Landmark Study"¯)
From Arrieta v. INS, "preservation of family unity"¯ may be a central factor in an extreme hardship determination. See Cerrillo-Perez v. INS, 809 F.2d 1419, 1423 (9th Cir. 1987). We based this determination not only on the United States' international human rights commitments, but on "[t]he importance and centrality of the family in American life [which] is firmly established both in our traditions and in our jurisprudence."¯
Without the current presence of a U.S. embassy in Libya, no normal consular services would be available to them. Human rights violations in Libya are well documented including violations against women. These violations include basic rights such as:
"Children under 18 whose fathers are Libyan must have the father's permission to depart Libya, even if the mother has been granted full custody by a Libyan court. Women in Libya are often subjected to strict family controls; on occasion, families of Libyan-American women visiting Libya have attempted to prevent them from leaving the country. Young single women are most likely to be vulnerable in these circumstances. Finally, a Libyan husband is permitted to take legal action to prevent his wife from leaving the country, regardless of her nationality. " (Source: U.S. State Dept. website)
While Wife doesn't expect her spouse to enlist these discriminatory legal positions in Libya, it would be an extreme hardship to live in such a country that so blatantly restricts basic human rights and subjects citizens and non-citizens alike to their injustice.
Wife and her husband, Husband , have had and continue to desire to add to their family and have another child in the immediate future. However, they fear that, due to the present conditions, lack of resources, equipment and continuing education in Libyan hospitals, there are serious risks to both Wife's own health and to that of any child born to Wife in Libya. As her first child was born via cesarean, it is expected that future births would require cesarean as well
Having been forced to wait to add to their family Wife is at a higher risk of complications at her age over 40. www.parenting.com states the following:
"Fertility continues to decline after age 35. The decline is due mostly to the fact that the woman's eggs are aging and they become more difficult to fertilize. The risk of high blood pressure during pregnancy is about double to woman over 35 compared with younger ones. In addition, the risks of having a baby with Down syndrome or another type of chromosomal disorder begin to rise significantly"¯
Babycenter.com describes the risks of birth over 40 to include: "developing certain complications during pregnancy such as gestational diabetes, preeclampsia, placental abruptions (where the placenta prematurely separates from the uterine wall), and placenta previa (where the placenta lies low in the uterus, partly or completely covering the cervix). What's more, research shows that your chances of having a low birth-weight baby (less than 5 ½ pounds) or a premature delivery increase with age."¯
Therefore, if Wife becomes pregnant, both she and her child will be exposed to numerous high risk factors which hospitals and doctors in Libya are ill-prepared to handle.
Husband and Father
Husband is not a threat to the safety, security or welfare of the United States. He has lived in the U.S. nearly all his adult life, 18 years from age sixteen (16) in 1982, attended high school on a student visa in the U.S and received a resident alien green card in 1985. He worked for many years as a Park Service Worker for the City of X. He has been a continuous legal permanent resident over 15 years in the United States, and lived in the U.S. continuously for approximately 18 years. He has never overstayed a visa or violated any immigration law. He is married to a U.S. citizen and is the father of a U.S. citizen daughter, born 1989.
In 1990, he received a single conviction for simple possession of marijuana of less than 30 grams. This event occurred nearly 15 years ago and he has rehabilitated himself. He paid the fine of $100 plus court fees of $135 and submitted proof of alcohol completion. The conviction has been expunged. (item #5)
In addition, Husband has not previously or since this single event nearly 15 years ago been convicted of violating any Federal or state law; he has pled to or been found guilty of the single offense of simple possession of a controlled substance; he has not previously been accorded first offender treatment under any law and he has completed the terms of the court by paying the $100 fine plus court fees and expunged the conviction.
Further, the US Court of Appeals for the 9th Circuit (including the state of California) held that the definition of "conviction" for immigration purposes does not apply to state court dispositions that vacate or expunge first-time simple drug possession pleas or findings of guilt (Lujan-Armendariz v. INS).
Husband is a beloved father to Daughter who is in the midst of her high school years. The guidance and involvement of her father during these important formative years will help to assure that she becomes a successful and productive citizen and adult. He is committed to supporting his family and contributing to the betterment of the community.
If Husband is not admitted to the United States Wife would be placed in the midst of an impossible dilemma. Because the marriage has occurred in its full sense, profound forces (recognized at least implicitly by the United States government) would move her to leave her home. Yet, if she moves to Libya, it would cause extreme hardship to her, to their daughter Daughter , to Wife's parents and brother. Libya is also economically depressed, has poor health care (by U.S. standards) and cannot provide her with the employment opportunities necessary for her to maintain her standard of living. Furthermore, she would be unavailable to share with her family, especially in regard to the care of her brother and parents. Most of all, by moving to Libya, she would set in motion emotional, social and medical forces that could prove permanently damaging to her and Daughter 's psychological, educational and financial well-being. She would be placed squarely between her marital bond, her child and her parents and other family members.
In closing, the applicant has met the burden of proof for eligibility of the waiver of inadmissibility that without it the applicant's U.S. citizen spouse and daughter would suffer extreme hardship beyond that which could normally be expected. We respectfully request that the waiver of inadmissibility be granted.
Tax Returns 2000, 2001, 2002, 2003
Reports Cards for their daughter Daughter
Letters from daughter Daughter
Letter from Wife's father, Husband s 2 brothers, school counselor and teacher, and family friend
Copy of brothers SSD statement
Copy of marriage certificate
Court and expungement records
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Joined: 08 Feb 2005
Posted: Fri Feb 17, 2006 5:02 am Post subject:
This is the 2nd HSL submitted by Express Mail directly to DHS Athens:
To Whom It May Concern:
I am submitting the following supplemental information in support of our request for waiver based on the finding of ineligibility under Section 212(a)(2)(A)(i)(II) as stated in communication from the Cyprus embassy.
We request expedited review and approval of the waiver of inadmissibility so that we may achieve family unity. This continued process has created an extreme condition that requires immediate action to prevent further destruction.
I am unable to function properly to maintain my family and have begun suffering from stress related debilitating headaches. I am the sole source of income and support for my family. I am suffering from extreme stress and depression that has affected my ability to work and earn an income. This has resulted in my family falling into poverty level. My 2004 annual income of $***x continues to go down from the previous year and is less than 10% of my previously normal income (2004 tax return attached). My fixed expenses remain approximately $***x per month. Our daughter is on government subsidized health insurance. The loans and savings on which we have been living because of our ongoing negative cash flow situation are about to run out. Without my husband here with us to help support the family and to help me to recover, we will be forced to sell our house because I will no longer be able to pay the mortgages. This will have a significant impact on our daughter, schooling both in the disruption in her academic progress and in the potential that we would have to move outside her school district within which we now live. This would also have a significant impact in the child's sense of security having to give up her home and potentially her school in her Junior year of high school. It will force the family to lose our home as well as leave my disabled brother without a home as we will no longer have the resources to provide him a place to stay.
I have sought counseling to help deal with the stress and depression but this also adds additional expense to pay for counseling sessions ultimately adding to my stress as expenses continue to rise while my income is not. I have been diagnosed with Depressive Disorder and Severe Stress. (Evaluation report attached) Depression is a severe psychological disorder in which a persons normal functioning becomes impaired and the person is unable to escape from a fog of devastating sadness and negative thoughts. "A person who suffers from a depressive disorder... must represent a change from the person's normal mood. Social, occupational, educational or other important functioning must also be negatively impaired by the change in mood"¯ (http://psychcentral.com/disorders/sx22.htm).
The consequences of developing a Full Major Depressive Disorder are extreme in nature and often include suicidal thoughts. Thoughts of this nature could result in hospitalization or even death. Though I do not endorse any statements reflecting active suicide intention, the combination of high levels of depression and anxiety is a clear danger signal. If I continue to be exposed to stress and tension, my levels of depression and anxiety may reach such a state in which suicidal thought may become activated. High levels of depression and anxiety, along with the lack of confidence in a better future can in fact activate suicidal thoughts. If Husband is not allowed prompt readmission into the United States, there is the potential that I would become overwhelmingly depressed and attempt to take my own life.
Our daughter was recently diagnosed with anemia and severe hypoglycemia. A blood test done to identify possible causes for low energy, irritability and leg pains revealed her iron level was at 9.7 and her sugar level at 34. A normal iron level for her age is over 11 and normal sugar level at non-fasting is over 75. A sugar level of 25 can result in coma or even death.
Hypoglycemia is diagnosed if the blood glucose levels are 55 mg/dL or less. In adults or children older than 10 years, hypoglycemia is uncommon except as a side effect of diabetes treatment, but it can result from other medications or diseases, hormone or enzyme deficiencies, or tumors. When blood sugar drops and hypoglycemia develops, most people will begin feeling weak, drowsy, excessively hungry, and dizzy. A person may feel confused or irritable. The person may appear pale, may tremble, or feel cold and clammy. A rapid heartbeat may also be felt. Repeated episodes of hypoglycemia are now thought to cause mild forms of brain damage that may be irreversible. Severe hypoglycemia can cause a coma or death.
She has been prescribed iron supplements. Diabetes has been ruled out and she is undergoing further testing and follow-up with her doctor including a full metabolic panel and hormone levels and review of possible eating disorders to identify the cause of her illness.
It is imperative that my husband's visa be issued immediately to alleviate the suffering and extreme conditions including pending homelessness, illness, stress, depression and inability to function (in addition to the extreme hardships discussed in Wife's letter of February 4, 2005) that we are experiencing.
We respectfully request that the Waiver of Inadmissibility be approved and the immigrant visa for Husband be issued expeditiously based on the high levels of extreme and emergent hardships suffered by US citizens (wife) and (daughter).
I, wife, hereby declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
Executed on September 2005
Supplemental attachments: 2004 Federal Income Tax Return
Report from Dr. psychologist, PhD. (6 pages)
Report from Dr. pediatrician
BY THE WAY, ATHENS IS THE TOUGHEST EMBASSY IN THE WORLD FOR APPROVAL OF 601 APPS. LAUREL SCOTT, FAMOUS IMMIGRATION LAWYER, SPECIALIZING IN 601'S RECOMMENDS THAT YOU ACTUALLY MOVE TO APPLY IN A DIFFERENT COUNTRY. THEY HAVE THE LOWEST APPROVAL RATIONG IN THE WORLD.
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