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Thread: Examples of hardship letters DENIED, I-601

  1. #11
    DENIAL LETTER, RECEIVED FROM EMBASSY
    AFTER SUBMITTING COMPLETED 601 APPLICATION

    Here is a copy of a denial letter for the I-601 someone was kind enough to send me. It list examples of extreme hardship when filing the I-601. I found it very helpful as my fiance and I filed our waiver. I would strongly recommend that you contact a lawyer to help you in writing the narrative for the waiver. The bulk of the form is an attachment arguing extreme hardship on the US Citizen.

    Dear Applicant,

    This is in reference to the Application for Waiver of Grounds of Excludability (I-601) you filed in conjunction with your application for an Immigrant Visa. This discretionary waiver is provided for under sections 212 (9)(B)(v) and 212 (i) of the Immigration and Nationality Act. Favorable consideration of such application requires a finding that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the U.S. citizen or lawful permanent resident spouse or parent of such alien. Approval also requires a favorable exercise of discretion from the Attorney General. Accordingly, all factors, the favorable against the unfavorable, are evaluated in each case. Your U.S. citizen or lawful permanent resident spouse or parent is requested to furnish all evidence and/or explanation seemed appropriate to demonstrate that your refusal of admission to the United States would result in extreme hardship to them. This can include letters written by your spouse, parent or other applicable person and other meaningful documents (can include medical, etc.). All claims of hardship must be supported by documentary evidence or explanation specifying the hardship. Family separation and financial inconvenience, in and of themselves, do not necessarily constitute extreme hardship. Therefore, it is important for your spouse or parent to describe and document any other claim that might be a hardship. The above-requested information is necessary to render an equitable and fair decision on your Application for Waiver of Grounds of Excludability. Any response or evidence should be submitted to enable receipt by this office at the above address no-later-than 45 days from the date of this letter. Should you choose not to reply, the case will be decided on the basis of the information already at hand.



    A waiver of section 212(a)(6)(C)(i) is dependent first upon a showing that the bar imposes an extreme hardship on a qualifying family member. Congress provided this waiver but limited its application. By such limitation it is evident that it did not intend that a waiver be granted merely due to the fact
    that a qualifying relationship existed. The key term in the provision is "extreme" and thus only in cases of real actual or prospective injury to the United States national or lawful permanent resident will the bar be removed. Common results of the bar, such as separation, financial difficulties, etc., in themselves are insufficient to warrant approval of an application unless combined with much more extreme impacts. Matter of Ngai, 19 I & N Dec. 245. With this qualification in mind, furnish documentary evidence proving that failure to receive the waiver requested will result in extreme hardship to your US citizen spouse.

    Please be very detailed as to how you meet the "extreme hardship" burden. Keep in mind that the hardship must be to your qualifying family member - not to you.

    Extreme hardship can be demonstrated in many aspects of your spouse's life such as:



    HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.

    b. FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).

    c. EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.

    d. PERSONAL CONSIDERATIONS - Close relatives in the United States and /or your country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.

    e. SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.

    f. Any other situation which you feel may help you meet the burden of extreme hardship.


    I hope this helps you understand what you need. My lawyer had us attach as much supporting documentation as we could come up with. If you go back and read some of the other posts I've posted in the last few weeks, you'll find examples of what we included. If you have specific questions, feel free to email me. I'll be glad to help anyway I can.

  2. #12
    Davdah,
    That's the hard part, they don't specifically tell you, they just send the above generic letter to everyone who is denied, without further explanation. If you check out the other thread I posted, "Needed: examples of letters illustrating extreme hardship, under I-601, it has a more detailed explanation of what the expectations are that define extreme hardship. Or take a look at these guidelines defined by attorney Laurel Scott:



    This is some advice from Laural Scott ( Immigration Attorney who specializes in I-601 waivers) for writing your own hardship letter. I have copied it from www.immigrate2us.net

    DO NOT OVERWHELM THE ADJUDICATOR WITH LOTS OF WEAK ARGUMENTS.
    You want to give the adjudicator your strongest three to five arguments for hardship and PROVE your hardship with documentation. Don't 'bury' your stronger arguments among lots of weaker ones. Start with the strongest arguments first and include weaker ones later in the brief. Same thing with supporting documents. Support your points, but don't overwhelm. If you have a doctor's letter explaining your medical condition, you don't need 20 pages of lab reports.

    SUPPORT YOUR ARGUMENTS WITH EVIDENCE
    If you say your mom has a medical condition, supply a doctor's note. If you say you have unusual job skills specific to the US, get a letter from your employer. If you say your ex-wife would not allow you to take your mutual child abroad, get a letter from her if you can. Getting supporting documents can be a pain in the ###, but DO IT! If you ask the doctor for your records and he doesn't return your call, CALL AGAIN! If your mom's psychiatrist says he needs a release form from your mom, get her to sign one! If you're embarrased to tell your boss that the reason your performance has been slipping is because your wife was deported, bite the bullet and tell him and ask for a letter. Note: if you have a very strong argument, but you absolutely cannot get evidence - e.g. your spouse was the victim of a hate crime in her home country, but never reported it - include the argument anyway and give LOTS OF DETAILS. Telling a very detailed story with names and dates can sometimes substitute for lack of evidence if it is credible that no evidence would exist (e.g. you had a surgery ten years ago relavant to your current state of health, but the hopital has purged the records).

    KNOW YOUR STRONGEST ARGUMENTS
    Below are just examples of various arguments on a scale from 1 to 5, with 1 being the strongest and 5 the weakest. It is not an exhaustive list.

    Level 1 arguments:

    (a) you have a MAJOR medical condition (e.g. brain tumor, multiple sclerosis, cerebral palsy) which makes you unable to move abroad and for which you really need your spouse in the US to help take care of you,
    ( you are caring for an elderly, chronically ill, or disabled relative who needs constant care and whose condition is bad enough that you either MUST live with the relative or you MUST spend at least an hour a day assisting the relative with things like hygiene or physical therapy, and this makes you unable to move abroad and makes you really need your spouse in the US to help you care for your relative and manage your other responsibilities, or
    © your spouse's country is in a state of war or major political upheaval (e.g. Liberia).

    Level 2 arguments include:

    (a) you are the primary caregiver for your child(ren) from a prior relationship and the child(ren)'s other parent will not allow you to take the children out of the country AND the child(ren) have formed an emotional attachment to your new spouse or fiance(e),
    ( you have a serious medical condition that makes it very difficult for you to move abroad and you need your spouse to come help you (e.g. you need to have major surgery sometime in the next year, with an expected recovery time of several months),
    © you are caring for a moderately disabled relative who normally can care for him/herself but occasionaly has episodes in which he/she needs a lot of help from you and during those time you, in turn, need help from your spouse,
    (d) a relative is unusually financially dependent on you (e.g. your mother has just gone through a nasty divorce with your father in which she got nothing and because she has never worked, she doesn't qualify for social security, so you are supporting her in the entirety for the rest of her life),
    (e) you have a child that you are putting through college or are about to put through college, or
    your spouse's country is on the verge of major political unrest (e.g. Boliva) or negative political change (e.g. Iran) or the country is known for oppression of one sort or another (e.g. you are a Christian woman and your husband is from Saudi Arabia), or it is in the infant stages of post-war recovery (e.g. Afghanistan).

    Level 3 arguments include:

    (a) you are the non-custodial parent of a child from a prior relationship and you have an actual relationship with that child and the child's other parent will not allow you to take the child out of the country but your spouse or fiance(e) does not have a relationship with the child at this time,
    ( you have a significant condition that makes it inconvenient for you to move out of the country (e.g. severe asthma and your spouse lives in Mexico City),
    © you have been diagnosed by a licensed psychologist/psychiatrist with clinical depression due to your spouse's immigration problems (I've argued to the Administrative Appeals Unit that this condition should be taken more seriously by adjudications officers, but at this time I am listing it as a 'moderate' argument),
    (d) you and your spouse have young children together or you have full custody of your child and can bring him/her abroad and your spouse's home country has bad public health conditions and bad public education,
    (e) your job requires a license in both the US and abroad and it will be very difficult to get licensed abroad (e.g. attorney),
    you have job skills that are very specific to the US (e.g. a tax accountant with extensive familiarity with US tax law),
    (g) your spouse's country has a very bad economy (e.g. Chad),
    (h) you have a close relative who is partially dependent on you financially (e.g. your mom gets social security but needs your extra $500 per month to stay in her present apartment) or physically (e.g. your mom pretty much gets around ok, but her health has been declining and you expect her to need more of your help in the near future).

    Level 4 arguments include:

    (a) you have debts you wouldn't be able to pay if you moved abroad,
    ( your spouse's country has a high unemployment rate,
    © your spouse's country has a high crime rate,
    (d) you've been depondent since your spouse left the country, but haven't sought professional help,
    (e) your parents are getting old.

    Level 5 arguments include:

    (a) you got a high score on the Holmes-Rahe scale,
    ( you and your spouse want to have children in the future (but are not currently pregnant) and either the wife is getting older or the foreign country has a high infant mortality rate.


    Don't get discouraged if all you have is two Level 3 arguments and a couple of Level 4 arguments. While one Level 3 argument by itself might not make a strong case, a few put together can be very strong in the aggregate. Just present your case in the strongest possible light. If all you can think of is a couple of Level 4 and Level 5 arguments, I recommend that you pay for a consultation with an attorney to at least see if you can brainstorm some stronger arguments.

    Note: whenever you claim that a relative is dependent on you either for direct care or for money, you must explain why no other relative such as one of your siblings can provide the same care or support.

  3. #13
    Originally posted by NeedHelpFast:
    DENIED
    GREECE



    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:

    Background
    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 fiancΓ© 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.

    Emotional

    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.

    Family Ties

    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.

    Human Rights

    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.

    Pregnancy

    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.

    CONCLUSION

    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.

    Sincerely,
    Blueblue

    Enclosures
    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

    Back to top


    blueblue
    Senior Member



    Joined: 08 Feb 2005
    Posts: 50

    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
    I've been leaving this thread alone. However, I have to jump in on this post. The first case - no wonder it was denied? A serious mess with a bunch of b.s built in.

    One clue for all of you immigrants out there going through the legalization process, keep your nose clean! Don't disobey the law - it's not worth the consequences. This one was charged with a marijuana offense - so what else is he capable of? Geez!

  4. #14
    Just a reminder, the 601 is a provision under 212, which provides a "pardon" for past deeds which constitute a ground for inadmissibility. Reasons for inadmissability can vary, but the immigrant (or potential immigrant) must show proof of rehabilitation. In the above case, the burdon of PROOF was not met. There was not enough evidence submitted to satisfy that named person was indeed rehabilitated and family reunification was NOT causing extreme hardship TO US CITIZEN.

  5. #15
    I don't see much difference between the letters that were approved or denied.

    I thinks it comes down to other factors like location, timing, luck, who is handling the case, country and so on.

    You can right the best of letters and still be denied. Thats just the way it goes with the ins, every case is different even though they might look the same.

    Good luck to everyone.

  6. #16
    Oneluv,
    Initially you may not see the difference in the letters, but if you examine them closely, the denied letters clearly do not meet the burdon of proof for substantiating "extreme hardship TO THE US CITIZEN". This last example, he didn't even admit fault for the marijuana thing, even though it was 15 years ago. He would have been better off in this scenario to just fess up about the error in judgement, and show through evidence how he is a different person now. Instead, he just was trying to say the charges were erroneous, and there was an error in the interpretation of the law. Big mistake #1.
    Second mistake in this letter, they failed to show EXTREME hardship on the USC.

    Extreme hardship can be defined in "levels", for example, a level 1 hardship may be an ongoing medical condition that REQUIRES the USC to stay in the USA to treat (chemotherapy).
    A level 2 hardship may be that a USC parent has sole custody and the other biological parent will not consent to the child leaving the country, etc.
    Level 4 and 5 hardships without at least one level 2 argument, usually get denied. These are more "general hardships" that would be normally anticipated during a family seperation (loss of income, loss of job, etc).

    I am reposting this on this thread so people can understand the difference:



    Posted June 17, 2007 02:26 PM Hide Post
    This is some advice from Laural Scott ( Immigration Attorney who specializes in I-601 waivers) for writing your own hardship letter. I have copied it from www.immigrate2us.net

    DO NOT OVERWHELM THE ADJUDICATOR WITH LOTS OF WEAK ARGUMENTS.
    You want to give the adjudicator your strongest three to five arguments for hardship and PROVE your hardship with documentation. Don't 'bury' your stronger arguments among lots of weaker ones. Start with the strongest arguments first and include weaker ones later in the brief. Same thing with supporting documents. Support your points, but don't overwhelm. If you have a doctor's letter explaining your medical condition, you don't need 20 pages of lab reports.

    SUPPORT YOUR ARGUMENTS WITH EVIDENCE
    If you say your mom has a medical condition, supply a doctor's note. If you say you have unusual job skills specific to the US, get a letter from your employer. If you say your ex-wife would not allow you to take your mutual child abroad, get a letter from her if you can. Getting supporting documents can be a pain in the ###, but DO IT! If you ask the doctor for your records and he doesn't return your call, CALL AGAIN! If your mom's psychiatrist says he needs a release form from your mom, get her to sign one! If you're embarrased to tell your boss that the reason your performance has been slipping is because your wife was deported, bite the bullet and tell him and ask for a letter. Note: if you have a very strong argument, but you absolutely cannot get evidence - e.g. your spouse was the victim of a hate crime in her home country, but never reported it - include the argument anyway and give LOTS OF DETAILS. Telling a very detailed story with names and dates can sometimes substitute for lack of evidence if it is credible that no evidence would exist (e.g. you had a surgery ten years ago relavant to your current state of health, but the hopital has purged the records).

    KNOW YOUR STRONGEST ARGUMENTS
    Below are just examples of various arguments on a scale from 1 to 5, with 1 being the strongest and 5 the weakest. It is not an exhaustive list.

    Level 1 arguments:

    (a) you have a MAJOR medical condition (e.g. brain tumor, multiple sclerosis, cerebral palsy) which makes you unable to move abroad and for which you really need your spouse in the US to help take care of you,
    ( you are caring for an elderly, chronically ill, or disabled relative who needs constant care and whose condition is bad enough that you either MUST live with the relative or you MUST spend at least an hour a day assisting the relative with things like hygiene or physical therapy, and this makes you unable to move abroad and makes you really need your spouse in the US to help you care for your relative and manage your other responsibilities, or
    © your spouse's country is in a state of war or major political upheaval (e.g. Liberia).

    Level 2 arguments include:

    (a) you are the primary caregiver for your child(ren) from a prior relationship and the child(ren)'s other parent will not allow you to take the children out of the country AND the child(ren) have formed an emotional attachment to your new spouse or fiance(e),
    ( you have a serious medical condition that makes it very difficult for you to move abroad and you need your spouse to come help you (e.g. you need to have major surgery sometime in the next year, with an expected recovery time of several months),
    © you are caring for a moderately disabled relative who normally can care for him/herself but occasionaly has episodes in which he/she needs a lot of help from you and during those time you, in turn, need help from your spouse,
    (d) a relative is unusually financially dependent on you (e.g. your mother has just gone through a nasty divorce with your father in which she got nothing and because she has never worked, she doesn't qualify for social security, so you are supporting her in the entirety for the rest of her life),
    (e) you have a child that you are putting through college or are about to put through college, or
    your spouse's country is on the verge of major political unrest (e.g. Boliva) or negative political change (e.g. Iran) or the country is known for oppression of one sort or another (e.g. you are a Christian woman and your husband is from Saudi Arabia), or it is in the infant stages of post-war recovery (e.g. Afghanistan).

    Level 3 arguments include:

    (a) you are the non-custodial parent of a child from a prior relationship and you have an actual relationship with that child and the child's other parent will not allow you to take the child out of the country but your spouse or fiance(e) does not have a relationship with the child at this time,
    ( you have a significant condition that makes it inconvenient for you to move out of the country (e.g. severe asthma and your spouse lives in Mexico City),
    © you have been diagnosed by a licensed psychologist/psychiatrist with clinical depression due to your spouse's immigration problems (I've argued to the Administrative Appeals Unit that this condition should be taken more seriously by adjudications officers, but at this time I am listing it as a 'moderate' argument),
    (d) you and your spouse have young children together or you have full custody of your child and can bring him/her abroad and your spouse's home country has bad public health conditions and bad public education,
    (e) your job requires a license in both the US and abroad and it will be very difficult to get licensed abroad (e.g. attorney),
    you have job skills that are very specific to the US (e.g. a tax accountant with extensive familiarity with US tax law),
    (g) your spouse's country has a very bad economy (e.g. Chad),
    (h) you have a close relative who is partially dependent on you financially (e.g. your mom gets social security but needs your extra $500 per month to stay in her present apartment) or physically (e.g. your mom pretty much gets around ok, but her health has been declining and you expect her to need more of your help in the near future).

    Level 4 arguments include:

    (a) you have debts you wouldn't be able to pay if you moved abroad,
    ( your spouse's country has a high unemployment rate,
    © your spouse's country has a high crime rate,
    (d) you've been depondent since your spouse left the country, but haven't sought professional help,
    (e) your parents are getting old.

    Level 5 arguments include:

    (a) you got a high score on the Holmes-Rahe scale,
    ( you and your spouse want to have children in the future (but are not currently pregnant) and either the wife is getting older or the foreign country has a high infant mortality rate.


    Don't get discouraged if all you have is two Level 3 arguments and a couple of Level 4 arguments. While one Level 3 argument by itself might not make a strong case, a few put together can be very strong in the aggregate. Just present your case in the strongest possible light. If all you can think of is a couple of Level 4 and Level 5 arguments, I recommend that you pay for a consultation with an attorney to at least see if you can brainstorm some stronger arguments.

    Note: whenever you claim that a relative is dependent on you either for direct care or for money, you must explain why no other relative such as one of your siblings can provide the same care or support.



    Hope this helps to clarify!

  7. #17
    NeedHelpFast,

    That was very informative.

    I just don't understand why adjucators are so difficult with approving waivers here in the U.S, when the USC can turn to aaa, an imi judge who are more willing to grant waivers or eventually turn to the attorney general with the "family union" act.
    Its like they just make ur life difficult when they know that they are going to grant u to stay at the end.

  8. #18
    NeedHelpFast,

    I was reading ur frequently asked questions under the "approved" letters section and I noticed that you said it may take around 6months to process waivers. Would that be the same for people filing for waiver here in the U.S.

    What is the process after you file an i601 along with i485 here in the U.S? Is it normally lenghty?

    I have been to an interview for my AOS and its been 8 months no word.

    Can I write another letter to enhance my case now that I know what is being looked for?

    Thanks.

  9. #19
    Hi Oneluv,

    Unfortunately, I do not have timeframes for processing waivers in the US. You can PM me and give me specifics on location, etc. and I will look into it for you if you want.

    As far as writing another letter goes, that would depend upon what stage your 601 is in....do you know if it has been initially reviewed yet, or you are not sure?

    Normally, overseas you CAN submit an addendum or further evidence to take into consideration up until the point that it is under final review.

  10. #20
    Neddhelpfast,

    I sent u a PM with some specifics. I hope I did it the right way. please let me know if you received it and if u send a reply bcos i'm quite new to the forum.

    Thanks.

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