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Thread: APPROVED: sample letters illustrating "extreme hardship" under I-601

  1. #11
    APPROVED, UNLAWFUL PRESENCE
    Australia/Bangkok

    This letter was written by Lillyfire25. It was approved in Bangkok, Thailand.

    1. My husband recently went for his interview for a K-3 visa and was told that because he had spent about 2 years in the U.S. after his visitor visa expired, he was inadmissable and needed a waiver.

    2. My husband and I have been apart now for over a year and a half waiting for his visa to be approved. We have been told that it can take up to another year. This has been devastating news for me.

    3. ***XX and I met in June of 2000 in ***XX. We quickly fell in love and I became pregnantthat August. I had our son, ***, in May 2001. ***XX remained in the U.S. beyond the expiration date of the I-94 card because he wanted to be with me through the pregnancy. We annted to start our family, and we were married in September 2001.

    4. ***XX wanted to return to NZ, so we never filed his AOS. We went to NZ in August 2002 and then moved to Australia in Sept. 2002. While there, ***XX (son) and I were unable to get any sort of medical coverage. We could not afford to keep paying for doctors visits ourselves without any sort of insurance. We applied for a visa under the NZ Citizen Family Relationship section, but the wait was extremely long, and it still did not make us elgible for medical coverage.

    5. When I became pregnant with our daughter in Dec. 2002, I knew I needed to come home. Not only could we not afford the medical bills of my pregnancy, I also wanted the support of my family and to be cared for by my doctors. I left Australia in June 2003. We assumed ***XX would be able to get his visa in a few months time and then join us; but we quickly learned how long the process was going to take. It was never brought to our attention that his K-3 would be denied based on his overstay. If we had, we would have filed for the waiver at the same time.

    6. ***XX and I now have 2 small children together: ***XX is 3 and ***XX is one year old. It has been extremely difficult for me to provide for the children. I currently work 2 jobs and go to school.

    7. Not only are we struggling financially, but our son ***XX has been recently diagnosed with Global Developmental Delays, as well as Ehler Danlos Syndrome. His speech therapist and special education teacher are concerned that he may be autistic, and now I have to take him to ****** for yet another evaluation. His special education teacher is also recommending that a Sensory Integration Specialist evaluate him as well. He requires speech and language therapy, as well as phisiotherapy for the Ehler Danlos. (see enclosed letter from ***XX CPNP) Medicaid covers the majority of the costs of ****** treatment here, and we can't afford to lose that coverage if we were to go to Australia to be with ******X, where we have already learned that we are not elgible for state-sponsored insurance.

    8. It is very difficult to express the enormous amount of stress this causes me. I have been optomistic for a very long time, but how long can you keep a happy face when you haven't seen your husband in a year and a half? My daughter does not even know her father. My son only sees pictures of his daddy.

    9. I can't begin to explain how difficult it is for me to do all of this alone. My Mother is my nearest family member and she lives in ****** which is over 2 hours away. The rest of my family lives on the west coast in ******X. ***XX condition not only worries me and causes me financial stress, but it also means that he requires so much more attention than I have time to give him, which breaks my heart. I am completely overwhelmed with the thought of not having my husbands support for another year. I have had to hire countless babysitters to care for my children, and besides their costs, the quality of their care has concerned me and caused me incredible stress. The children are so young, and need so much mre attention then they are getting now.

    10. I am struggling both financially and emotionally without my husband. I work 2 jobs and attend school. Although I am trying my best, it is extremely difficult to raise my children alone, to see them growing up and not know who their father is, to work all night and to be too tired to spend time with them, to go to bed each night without my husband at my side, and to live without knowing when this will all get better, when we will be a family again. It is hard to hear the sadness in my husbands voice when I tell him that ***XX had an adverse reaction to the sedation for his MRI, and just as hard to tell him that his daughter is almost walking now. I am trying to be the strong one in reassuring him that he can hold us all very soon and to not give up hope that we will be together again. But to be quite honest. I feel as though I am about to have a nervous breakdown. It is an enormous job to raise an infant, a child with a disability, work 2 jobs and go to school without any support or help.

    11. I can't begin to tell you how much I miss my husband and the family we are just beginning. The children and I just want ****** here with us. I love and miss him tremendously. If there is any other information you need, please do not hesitate to contact me.

  2. #12
    APPROVED, CIMT
    London


    This letter is from Kevins_Bunny04. It was approved in the UK.

    Re: UKC
    Case Number: ************x

    HARDSHIP TO THE U.S. CITIZEN
    If UKC is not admitted to the United States, USC would suffer severe emotional hardship which would have an adverse impact on the health of the USC as well as other interacting hardships as follows:

    MEDICAL
    USC suffers from hypertension. This has been aggravated by the denial of visa for the UKC and has caused additional headaches and stress. If this situation continues the consequence will result in a significant deterioration of health for the USC which would be life threatening. Blood pressure is known to vary with emotional and psychological states. The stress hormone cortisol, which is made and released by the adrenal glands, rises in states of sudden or long-term stress and causes a rise in blood pressure. The World Health Organization defines hypertension as a systolic blood pressure over 160, a diastolic pressure over 90, or both. The USC current has a systolic pressure of around 159 and a diastolic pressure of around 117. The USC takes daily medication of Lotrel
    5/20. This dosage has doubled since October'04. Additionally the USC has been prescribed Florinal Tablets and Hydrochlorot 25mg Tablets. This medication was prescribed in October'04 at the same time as the UKC's "packet four"ť was received.

    CHILDREN
    USC has 3 sons, 18, 13 and 7 years of age all living in the USA. She is divorced from their fathers since June 2004. The relationship between mother and sons is very close providing support and guidance and a loving home for them. The two younger sons have a very close relationship with their father.

    All of the boys have a very good and close relationship with the UKC, which currently can only consist of Yahoo instant messaging and web-cam conversations on a daily basis.

    Living in the UK would not be a feasible option for the USC and her children. This would not only deprive a father of access to his children, but also three sets of grandparent's access to their grandchildren and access to their only grandchildren for one set of grandparents. The children are also settled in their home and local schools and through Park Commission are involved in various sports throughout the year. The disruption to the family unit if there were to all move to the UK would cause an unacceptable burden on the whole family and a dangerous increase in stress to the USC.

    PARENTS
    USC is their only daughter and the youngest member of a very close family. The parents currently enjoy regular contact with their grandchildren and play an important role in their life. If the USC and her children were to move to the UK to be with the UKC, contact with the USC's parents would be very limited as visits by them to the UK and vice versa would be rare or non-existent due to the financial costs involved with such travel.

    FAMILY
    USC is the younger of 2 siblings. She has an older brother aged 42. He is very close to the USC and has taken on a father figure role for her children, especially her eldest son.

    USC has no family in the UK.

    FINANCIAL AND EMPLOYMENT
    USC's fiancé has not been able to gain suitable employment in the UK since March 2002 although he has over 13 years experience as an Electronics Inspector. He has been receiving job seekers allowance, a form of unemployment, on and off for the past 3 years. Employment in the UK for a person over the age of 40 has become an increasing problem. Employers feel someone over the age of 40 is more likely to suffer health problems and miss work. In the UK, employers also believe that a person over 40 cannot easily do the same amount of work as a person aged 16 to 30 could do. At job interviews his age has become an issue. Subsequently, many people in the UK are forced to rely on job seekers allowance until they reach the age of retirement and seek government pensions. Because of US laws on age discrimination UKC could become gainfully employed in the United States. Thus, UKC and USC's financial situation would improve drastically if he were allowed to enter and live in the USA.

    CITIZENSHIP
    USC is a proud patriotic American citizen of the United States, as are her children. To imagine having to leave would potentially destroy the pride and faith that she has in the United States and would only expoentiate in the pain and suffering of the other hardships.

    SUMMARY
    The USC has full plans to marry and spend the rest of her life with her soulmate, the UKC. This includes, if allowed, residency in the United States, supportive relationships between the two families, mutual support and other life goals, etc.

    In short, if UKC is not admitted to the United States of America, USC will be placed in the midst of an impossible dilemma. If she goes to the UK, she will place herself in an impossible situation due to the fact that the UK has inadequate health care (by U.S. standards) and cannot provide USC with speedy and readily available health care. Her family ties would be severed and she would not be with her sons and family.

    CONCLUSION
    USC respectfully requests that consideration be given to the extreme hardships noted above and grants approval for the waiver. This will then allow both the USC and the UKC to become a fully functional family unit.

    UKC's criminal offence was 5 years ago and since such time he has shown he is deeply repentant and has shown that he is an honest and upstanding citizen of the UK.

    USC will have unusual extreme hardship going on with her life if I, UKC am denied entry into the United States. We respectfully request the waiver be approved.

  3. #13
    APPROVED, unlawful presence
    London

    Affidavit from USC
    I, Mrs.USC, hereafter referred to as USC, declare under penalty of perjury, under the laws of the United States, that the following is true and correct.
    I met my husband, a Canadian born citizen, on the internet in March 1998.
    After our initial face to face meeting on March 26, 1998 in Toronto I began making regular visits to Canada. We got engaged on Easter 1999, and married August 21, 1999, in Mississauga, Ontario Canada.

    In the beginning we had discussed waiting to decide where we wanted to live. I stayed in Canada as a visitor for the first year of marriage. During this time, my mother was legally disabled as per Social Security (EXHIBIT A), and I began to spend more and more time in the USA assisting in her care. In November 2001, my alien husband and I flew to the USA, point of entry Pearson Airport Toronto, so he could assess if he would be happy possibly living there. During the next year, my alien husband and I decided to make another trip to the USA together so we could look at possible jobs for him in my hometown of Athens, Georgia. On December 24, 2002, while attempting to enter the USA at Pearson airport my husband was denied entry due to a prior arrest. As he had successfully crossed the border before, we never dreamed that this would be as issue, since the conviction was not a violent offense, and was many years old. {EXHIBIT B}
    The officer at the POE informed us that he was inadmissible and he would need to file a waiver for entry. I flew to the USA alone, and we spent Christmas apart.

    We decided that due to my mother's disability we would look into what needed to be done for alien to immigrate to the USA.
    USC has been spending her time divided between her alien husband and her family duties in Athens Georgia. This situation has become untenable, and is taking its toll emotionally and financially.USC has not worked since March 1998, and alien husband is only source of financial support. USA finds it impossible to hold a job, and assist in mothers and grandmothers care.

    In 2004 USCs maternal widowed grandmother, age 75, was hospitalized, and fitted with a pacemaker, as well as having several other varied health problems that require assistance in her daily living activities. {EXHIBIT C}
    Because of USCs mother having a severe mental disability, and USC being the only child and grandchild it is imperative that USC be able to spend ALL her time in the United States assisting in a care giving role to both her mother and grandmother. USCs mother's doctor has written that presence of USC would be beneficial for her condition. USCs mother has also requested the full time presence of USC daughter to assist in a care giving role. It is possible that is waiver was not approved that USCs mother could see her illness get worse, thereby causing extreme stress to USC, were she not able to be with her mother.(EXHIBIT D)

    USCs stepfather works full time, and has limited time off to assist in the care of USCs mother and grandmother.

    If USCs alien husband is not allowed in the USA and USC has to move to Canada full time there will be no one to assist in the care of mother and grandmother. USC has no other family outside of mother, stepfather and grandmother.

    Alien spouse admits to his previous criminal conviction (EXHIBIT E) and feels that he has proven his rehabilitation. The conviction he has was the result of a time in alien's life when he had no direction and began hanging around other young people who also had no direction in life. Alien committed his crime while under the influence of alcohol. Alien does not make excuses for his criminal conviction, but realizes the error of his ways, and it truly sorry for those his actions hurt in the past. Alien never served any jail time for his offense.

    Alien has held the same job for 5 years, and is held in high regard by his supervisor. Alien is also held in high regard by members of the local business community. (EXHIBIT F)

    Alien has several employment prospects awaiting him in the USA, and is eager to be a valuable contributing member of the United States.
    USC and alien husband would be living with USCs mother and stepfather to assume some of the burden in caring for USCs mother. USCs grandmother lives in same neighborhood, so alien and USC will be able to care for her as well.

    USC has no prospects for employment in Canada, and has no wish to live in that country full time. USC is very close to her small family and would need to presence of alien husband in USA to provide financial and emotional support with the illnesses faced by her mother and grandmother. USC loves the United States and can't imagine living elsewhere and respectfully asks that alien husband be allowed in USA.

    As USCs mothers is disabled due to extreme bipolar disorder, there is a good chance that USC could also become afflicted with this disorder someday, as it is largely hereditary.(EXHIBIT G) A forced separation from alien spouse could possibly cause this condition to manifest itself quickly.

    It is well documented that "family unity"ť is an important value of the United States of America and that actions to "assure family unity' are part of the intent of U.S. immigration law [for example see Title 8, Chapter 12, Subchapter II, Part II, section I, pp. 64 and 65]. Although it is a function of law to provide legal definition and recognition to this marriage between Alien and USC, it is clearly the intent of law to support the complex nature of marriage. In other words, in this and other genuine marriages there are multiple social psychological, familial, economic, cultural, spiritual, etc bonds that are presumed by the law to exist conjointly with the legal presence of marriage. Support for these complex interacting marital bonds is a fundamental value of the larger society and a function of the law. Keeping families together is a prime goal of the United States, since strong, united families make for a stronger country. With that guideline from the US Government, a married couple being forced to live apart would alone be enough to constitute extreme hardship.

    USC feels it would be cruel and unusual hardship to be forced to choose between her marriage and a family that is in dire need of her, or forced to live in a foreign country that would cause her to essentially abandon the United States, mother and grandmother.

    USC respectfully asks that you look favorably upon this application for the I-601 waiver and allow alien spouse to join USC wife in the United States as soon as possible.Thank you for you prompt attention to this matter.

    Mrs. *********
    United States Citizen

  4. #14
    APPROVED, CIMT
    Monreal/Vermont--TOOK ONLY 8 WEEKS TO APPROVE

    Affidavit from USC
    I, Mrs.USC, hereafter referred to as USC, declare under penalty of perjury, under the laws of the United States, that the following is true and correct.
    I met my husband, a Canadian born citizen, on the internet in March 1998.
    After our initial face to face meeting on March 26, 1998 in Toronto I began making regular visits to Canada. We got engaged on Easter 1999, and married August 21, 1999, in Mississauga, Ontario Canada.

    In the beginning we had discussed waiting to decide where we wanted to live. I stayed in Canada as a visitor for the first year of marriage. During this time, my mother was legally disabled as per Social Security (EXHIBIT A), and I began to spend more and more time in the USA assisting in her care. In November 2001, my alien husband and I flew to the USA, point of entry Pearson Airport Toronto, so he could assess if he would be happy possibly living there. During the next year, my alien husband and I decided to make another trip to the USA together so we could look at possible jobs for him in my hometown of Athens, Georgia. On December 24, 2002, while attempting to enter the USA at Pearson airport my husband was denied entry due to a prior arrest. As he had successfully crossed the border before, we never dreamed that this would be as issue, since the conviction was not a violent offense, and was many years old. {EXHIBIT B}
    The officer at the POE informed us that he was inadmissible and he would need to file a waiver for entry. I flew to the USA alone, and we spent Christmas apart.

    We decided that due to my mother's disability we would look into what needed to be done for alien to immigrate to the USA.
    USC has been spending her time divided between her alien husband and her family duties in Athens Georgia. This situation has become untenable, and is taking its toll emotionally and financially.USC has not worked since March 1998, and alien husband is only source of financial support. USA finds it impossible to hold a job, and assist in mothers and grandmothers care.

    In 2004 USCs maternal widowed grandmother, age 75, was hospitalized, and fitted with a pacemaker, as well as having several other varied health problems that require assistance in her daily living activities. {EXHIBIT C}
    Because of USCs mother having a severe mental disability, and USC being the only child and grandchild it is imperative that USC be able to spend ALL her time in the United States assisting in a care giving role to both her mother and grandmother. USCs mother's doctor has written that presence of USC would be beneficial for her condition. USCs mother has also requested the full time presence of USC daughter to assist in a care giving role. It is possible that is waiver was not approved that USCs mother could see her illness get worse, thereby causing extreme stress to USC, were she not able to be with her mother.(EXHIBIT D)

    USCs stepfather works full time, and has limited time off to assist in the care of USCs mother and grandmother.

    If USCs alien husband is not allowed in the USA and USC has to move to Canada full time there will be no one to assist in the care of mother and grandmother. USC has no other family outside of mother, stepfather and grandmother.

    Alien spouse admits to his previous criminal conviction (EXHIBIT E) and feels that he has proven his rehabilitation. The conviction he has was the result of a time in alien's life when he had no direction and began hanging around other young people who also had no direction in life. Alien committed his crime while under the influence of alcohol. Alien does not make excuses for his criminal conviction, but realizes the error of his ways, and it truly sorry for those his actions hurt in the past. Alien never served any jail time for his offense.

    Alien has held the same job for 5 years, and is held in high regard by his supervisor. Alien is also held in high regard by members of the local business community. (EXHIBIT F)

    Alien has several employment prospects awaiting him in the USA, and is eager to be a valuable contributing member of the United States.
    USC and alien husband would be living with USCs mother and stepfather to assume some of the burden in caring for USCs mother. USCs grandmother lives in same neighborhood, so alien and USC will be able to care for her as well.

    USC has no prospects for employment in Canada, and has no wish to live in that country full time. USC is very close to her small family and would need to presence of alien husband in USA to provide financial and emotional support with the illnesses faced by her mother and grandmother. USC loves the United States and can't imagine living elsewhere and respectfully asks that alien husband be allowed in USA.

    As USCs mothers is disabled due to extreme bipolar disorder, there is a good chance that USC could also become afflicted with this disorder someday, as it is largely hereditary.(EXHIBIT G) A forced separation from alien spouse could possibly cause this condition to manifest itself quickly.

    It is well documented that "family unity"ť is an important value of the United States of America and that actions to "assure family unity' are part of the intent of U.S. immigration law [for example see Title 8, Chapter 12, Subchapter II, Part II, section I, pp. 64 and 65]. Although it is a function of law to provide legal definition and recognition to this marriage between Alien and USC, it is clearly the intent of law to support the complex nature of marriage. In other words, in this and other genuine marriages there are multiple social psychological, familial, economic, cultural, spiritual, etc bonds that are presumed by the law to exist conjointly with the legal presence of marriage. Support for these complex interacting marital bonds is a fundamental value of the larger society and a function of the law. Keeping families together is a prime goal of the United States, since strong, united families make for a stronger country. With that guideline from the US Government, a married couple being forced to live apart would alone be enough to constitute extreme hardship.

    USC feels it would be cruel and unusual hardship to be forced to choose between her marriage and a family that is in dire need of her, or forced to live in a foreign country that would cause her to essentially abandon the United States, mother and grandmother.

    USC respectfully asks that you look favorably upon this application for the I-601 waiver and allow alien spouse to join USC wife in the United States as soon as possible.Thank you for you prompt attention to this matter.

    Mrs. *********
    United States Citizen

  5. #15
    APPROVED, CIMT & unlawful presence + I-212
    Ahowell-Trinidad/Sto Domingo

    This is a letter from Ahowell

    Here it is : I wrote the letter from my USC husband point of view. He signed it and notarized it.

    I highlighted certain KEY information that I wanted the Officer to notice, just incase they might have been SKIMING thru the letter and not actually sitting there and reading it. ( LOL )

    Where you see the word USC, I had my husbands full name in place.For the word, Alien, I had my full name in place.



    USC
    12345 St.
    Nowhere,State, Zip


    RE: Letter Of Hardship For ALIEN NAME
    Case #

    US Embassy Address in ALIEN COUNTRY

    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 (Alien Country). I met my wife, ALIEN , while attending High School together in YEAR, after continuing our friendship; we united in marriage on DATE.

    Extreme Hardships to USC

    I. USC Daughter

    I have a 3-year-old daughter, USC daughter name given, whom I had from a previous relationship. Her mother will not permit me to take my daughter to (Alien Country) if I am forced to move. I fear that the distance from my daughter would cause irrevocable damages in our Father/Daughter relationship. I also support my daughter and if I am forced to move away I will be unable to continue / provide that support, financially and emotionally. If my wife (ALIEN NAME) were not allowed to return to the USA, I would be forced to choose between my daughter and my wife, which is impossible because both of them make me what I am today.

    II. USC Family Support in USA

    I have very strong ties and full support from my parents and siblings along with my In Laws; I frequently see them for family events such as birthdays, holidays and daily gatherings. If I am forced to relocate I would have 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 daughter at the same time.

    III. USC Has no family in Alien COUNTRY

    I will be homeless if forced to move to Alien Country because of hidden racial barriers that would not allow me to stay at my wife's relatives' residence. I am of Black/African American ethnicity and I am not accepted by her few relatives that she has in Alien Country, her relatives are of Indian ethnicity and they do not approved of her marriage especially to someone from a Black/African ethnic background, therefore her relatives has made it known to my wife, Alien Name, that if I was to come to Alien Country I will not be permitted to stay (not even on a temporary basis) at my wife's relatives home where she currently resides. I have no one else to turn to for support in the event of being forced to move to Alien Country. This is an "extreme hardship"ť and biggest burden to me and I have a well founded fear for my life and will be faced with the reality that I would be homeless because of the racial discrimination against me, if forced to move to Alien Country.

    IV. Medical

    Recently I visited The US Department of State website via Internet for information about Alien Country Health care system. It stated that the Medical Facilities in Alien Country are significantly below US standards for treatment of serious injuries and illness, with limited access to supplies and medications. I am currently provided with Health Insurance through my employment but if I am forced to move to Alien Country I will loose all coverage upon termination of employment. Therefore I will not have access to, or the ability to pay for the necessary healthcare in Alien Country.

    * Pregnancy
    My wife (Alien Name) and I want to start a family in the immediate future. However, given the facts, I fear that we will be unable to begin a family because of the low standards of health care and possible health risks to the baby and I will also would be bound by financial dilemmas while living in Alien Country since medical insurance is very expensive, thus lack of income will certainly obstruct me from starting a family which I desperately want to begin with my wife, Alien Name.

    V. Financial

    I am employed full time; this allows me to comfortably support my wife, my daughter and myself. If I move to Alien Country, I would not be able to get a job because Alien Country job market is lacking employment in all areas. Unlike my current job in the USA, I will not be able to support my daughter in the US because of the lack of financial earnings neither will I be able to support myself without any income, relating in damaging my self esteem as well as contributing to serious physical dangers such as not being able to afford health care, live in a safe and good neighborhood, and providing basic support as Head of Household. Thus, a move to Alien Country 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 US.

    Citizenship

    I, USC , a born American and very proud of my country, feels that as an American, family unity is the cornerstone of the America. I fully support the United States of America with all that I am and all that I will be and to imagine having to leave my country would destroy my pride I have in the United States and to even consider being forced to depart from America would only increase the devastating pain and suffering of having to move to a place where "Freedom"ť is not compared to the freedom that Americans hold dearly. A United State's Citizen has the right to "Life, Liberty and the Pursuit of Happiness". How could I be 'Happy' without the one I love?

    Summary

    My wife, Alien Name, have no intentions of repeating or offending the law in any way possible to the United States of America therefore she poses no threat. She received GOD into her life and has attended Hope Of Glory Ministries in Alien Country since returning and she seeks support emotionally and spiritually from that church, she has paid the price for her wrongdoings, whilst learning valuable lessons in life and how it affects not only her but also people whom love her dearly. She would like to have the opportunity to begin a New Life in America, where we can start our own family.

    There is no hope in Alien Country for me (USC). My wife, Alien name, constantly feels guilty because, I would be forced to make an emotionally depressing decision to choose between her and my daughter, should I have to move to Alien Country and live in conditions that are oppressive to me compared to the life I have in the USA.

    Conclusion

    If my wife, Alien name, is not admitted entry to the United States of America I will be placed in the midst of an impossible dilemma causing great hardships stated above. I have seen for myself what Alien Country looks like from visiting my wife for three weeks and spending that short period of time, I was not at all pleased neither nor impressed with so many negative things seen and heard on the local news concerning the increase of crime and kidnappings that go unresolved. I fear for my life because it is commonly perceived that Americans have money and are most times easy targets of robbery and crime (also stated in US Embassy website for Alien Country).

    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 myself can pursue our goals together.

    Best Regards,

  6. #16
    APPROVED, UNLAWFUL PRESENCE
    Mexico


    This letter is from Sandy. Her husband is located in Brazil. The waiver was processed in Peru. For more information please see http://www.immigrate2us.net/forum/vi...347&highlight=

    Dear Immigration Officer,

    I am writing this letter in support of the I-601 petition that I have filed for the waiver of excludability of my husband, Mr. ***. I have already filed a I-130 petition, which has been approved. The sole reason my husband cannot obtain an immigrant visa and be united with me and my son in the US is that he is subject to the 10-year bar for unlawful presence in the US. This separation will cause me extreme emotional hardship and eventually financial hardship if *** is not granted the K-3 visa.

    Relationship History

    *** and I have been in constant communication since we met and especially since his return to Brazil. I have visited Brazil no less than three times thus far in the past year alone [1/18/2003 - 2/4/2003; 6/28/2003 - 7/28/2003; 10/18/2003 - 10/24/2003]. It will be impossible, both financially and emotionally, for me to continue this long distance relationship. Additionally *** has bonded with my son, ***, who is nine years old. My son, ***, continually asks when he is going to be able to see *** once again. *** looks forward to participating in the simple pleasures in life in which *** has unconditionally offered. These can include attending baseball games, amusement parks, school related events, and many more events that most people take for granted because they have always been easily accessible to them as a family. I have also enclosed personal e-mails between *** and I along with our photographs.

    *** and I share a deep bond and dedication within our marriage. If his I-601 waiver is denied our separation will only continue or I will at some unknown point be forced to emigrate to Brazil. This will cause me both extreme emotional hardship and financial hardship and my quality of life will be severely altered. I currently am employed and have always resided in the United States. Moving to Brazil will create several unfavorable consequences.

    Psychological Hardships Due to Personal Considerations

    I would be forced to leave my nine year old son behind. My son has been in my custody and has resided with me since birth. ***'s father currently has legal partial custody while I maintain legal primary custody. ***'s father is not willing to sign for a passport for our son. This leaves no chance for him to emigrate to Brazil. English is also my sons only spoken language. Being separated from my son will cause an extreme unusual hardship since the two of us have always been in constant contact from the time of his birth. I bought my home in June of 1998 where *** and I both reside. My home is approximately 34 years old. We are completely settled here as a family. Moving to Brazil to be with my husband would entail selling my home and forcing my son to change neighborhoods, the only home he remembers, and schools. He would also be forced to grow up without a mothers consistent guidance. *** would be restricted to a part time mother who he would only be able to see perhaps only once or twice per year as opposed to the current situation now, which is nearly everyday. The emotional psychological hardship my son will face being apart from his mother will effect his school work and disrupt him from the settled normal life I currently have provided. I have also opened up a savings account for my son in which I have contributed money to for his future college education. I will no longer be able to contribute to my sons financial educational future while living in Brazil. The psychological hardship that I will face being apart from my son will most definitely put me into a deep depression. I will not be able to seek treatment for this in Brazil since my only language is English and all therapy there would be in Portuguese. Even when I have left my son in the US to visit my husband in Brazil I have felt a sadness inside that keeps me from completely enjoying my limited time with my husband. I also look forward to watching my son grow up and live a normal life with two loving parents by his side. I have enclosed our current custody agreement along with a notarized copy of ***'s birth certificate.

    Financial Hardships

    By leaving the USA I would be forced to terminate my employment. This termination would result in the loss of future and current investments in my 401-K. Currently if I were to terminate my employment my investments would cease to grow. Vesting ends whenever an employee leaves the company and the employee is then as a result forfeiting unvested options. This in itself would cause instability to my future retirement. I have enclosed my most recent statement pertaining to my 401-K investments.

    By leaving the USA I would not be contributing into my social security taxes. My social security benefits would be dramatically reduced by an amount at least but not limited to 67%, respectively. As the current period states, staying employed in the US I would receive $534.00 by age 62, $763.00 by age 67, and $947 by age 70 in social security benefits. If I were to leave the US and cease to work, my benefits would be reduced to these monthly sums as follows. At age 62 I would only receive $182.00, at age 67 I would receive $259.00, and at age 70 I would receive $321.00 respectively. I have enclosed a printout directly from the Social Security Administration website.

    Upon moving to Brazil it would become necessary to sell my home. It is currently unlikely that I would be able to obtain the amount of money that I have put into fixing my home. Therefore, it would be likely that I would be facing a lose due to the sale of my home. The standard of living I currently have would be drastically decreased and I would be forced to lower my standards of living while residing in Brazil. It would also become necessary to sell all of the contents in my home since international shipping fees would supercede what the contents are currently worth. I would also be required to rent a storage unit for whatever I could not sell, which would add an additional monthly expense that in a short period of time I would be unable to continue to pay.

    Financial Hardships Including Special Factors

    Emigrating to Brazil would force me into immediate unemployment considering the fact that I do not speak Portuguese. Once I would become fluent enough to speak Portuguese I would most likely suffer from the current unemployment rates in Sao Paulo. The current unemployment rates in Sao Paulo are at a rate of 23.6% for women and 16.5% for men. This study is current as of August 2003 according to data of Dieese (Departamento Intersindical de Estatistica e Estudos Economicos). Another study done by a London-based Economist Intelligence Unit accessed the level of hardship for expatriates living in 130 major cities around the world. This study ranked Sao Paulo 85th out of 130 major cities as one of the worst cities for expatriates, stating that many aspects of day to day living will likely entail hardship for the expatriate living in them. Including factors in the study were split into three categories which includes the health and safety section rating the threat of violent crime, culture and environment, and infrastructure.

    Educational Hardships Including Special Factors

    My educational opportunities would cease to exist in Brazil. I would consider continuing my education in Accounting and Business Administration in Brazil but all schooling is done in Portuguese so therefore it would be impossible for me to participate in their education system. I have also a Bachelor of Arts degree in Accounting and Business Administration in the US and I currently owe $8344.00 in college loans that I would no longer be able to pay back upon moving to Brazil. I have enclosed my current student loan statement.

    Other Related Hardship Factors

    I currently own a pedigree Shih-tzu dog. Her formal name is ***. We call her ***. I purchased her when she was approximately eight weeks old and she has resided with me since that time. She is now approximately five years old. I would consider taking her to Brazil with me but my husband lives in an apartment and they do not permit dogs. This would force me to sell her, or if unable to sell her due to her age, I would then be forced to take her to the pound. I am extremely attached to *** (I consider her a family member also) and I would be completely heartbroken and I could not forgive myself if I had to leave her to another family. I have enclosed a notarized copy of her pedigree certificate along with a copy of her registration certificate. Also enclosed are pictures of ***.

    Currently I have put my life on hold due to this situation. I would like to obtain employment in my fields of interest, which include Business and Accounting, but unfortunately I have not been able to pursue those avenues because upon obtaining new employment I would most definitely not be able to get time off to see my husband in Brazil. Although I make decent money now, I know that if I pursued a career in Business or Accounting I would be making a considerable amount more and I would be raising my standard of living here in the US. Also with *** by my side here, we would have two incomes instead of one which would help in paying back my school loans and pursuing a better life. We would also only need to support one household instead of two which would increase the amount of money we together would be able to save for our future together and my sons education. *** and I also plan to have a child together in the near future. I am 30 years old and my husband is 33 years old. We will not be able to fulfill our dream of creating a life if we are apart. If I were to move to Brazil and have a child with *** we would not be able to obtain the proper health care in Brazil as opposed to the care I would receive here in the US. My mother had complications with the birth of my sister and my sister was born two months premature. My sister was confined to a hospital for approximately two months with a full recovery. I would be afraid that if I were to have complications then I would not be able to receive the proper treatments. According to recent statistics the mortality rate for a child under five years of age in Brazil is between 20 and 49 deaths per 1000 live births. In the US the mortality rate is less than 10 deaths per 1000 live births. This information is all current according to "The World Bank Group".


    Closing Statement

    I have lived an honest life as a US citizen, having been born in the USA. I have worked hard to meet all my obligations and raise my son as a single parent. 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 *** as an immigrant so that our family can be made whole. *** and I are prepared to spend the rest of our lives together supporting each other. I am employed, make a decent living, own my own home, and have the ability to support him. So I am asking you to please grant him the I-601 waiver.

    Sincerely,

  7. #17
    APPROVED, CIMT
    Korea

    Here's Maekju's approved HSL for CIMT. It was approved in 6 weeks 4 days in Seoul, Korea.

    From: USC on behalf of SKC
    Case# *********XX
    Ref: *********


    To: U.S. Department of Homeland Security
    C/O American Embassy
    Unit# 15550
    APO, AP 96205-5550

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


    Subject: Hardship Letter

    SKC has been denied a visa under section 212(a)(2)A(ii)(I) of the Immigration and Nationality Act for having been convicted of a crime involving moral turpitude. She is seeking relief under the discretionary waiver I-601.
    USC is SKC's husband and a citizen of the United States. They met in December 1997 while USC was working as a contractor for the U.S. Army in South Korea. They dated for four years and were married in October 2003. USC's employer's contract in South Korea ends July 31, 2005. His company offered him a position in Colorado Springs, CO. USC and SKC planned to move to Colorado Springs, CO. with SKC's two children and his father buy a home and harmoniously raise their family.
    USC writes this letter in support of the waiver.
    Because of his commitment to their marital bond, USC would be compelled to move to his wife's country and in doing so will suffer extreme and unusual hardship.

    There are several interacting hardships:

    MEDICAL

    From: http://www.nlm.nih.gov/medlineplus/t...no_50_no_0.htm
    USC has hypertension. Hypertension is also called the "Silent Killer"ť because it often has no symptoms and can cause serious diseases or death if left untreated.
    Hypertension can cause a stroke which can lead to paralysis, speech problems, and even death. Blockage of blood vessels in the kidney can lead to kidney failure. This will lead to death unless dialysis is performed three to five times a week to clean the blood. Blockage of blood vessels in the eye can lead to impaired vision and even blindness. Blockage of an artery of the heart leads to a heart attack, where the part of the heart that was supplied by the blocked artery dies. This weakens the heart and can even lead to death.

    USC monitors his blood pressure several times a day and takes medication daily (Exhibit A). If he moved to his wife's country, he would have to quit his job and therefore wouldn't have health insurance to cover medical expenses in South Korea. He would have to pay cash for medication to control his hypertension and, if need be, other medical services. He would not have the financial resources to get proper medical care. His hypertension would go untreated and could cause serious diseases mentioned above putting him in a life threatening situation.

    FAMILY TIES

    USC has no family ties in South Korea except for his wife and her two children. He is an only child and has one surviving parent, his father who suffers from multiple medical problems that are progressively worsening. His father suffered a massive stroke which paralyzed his complete right side and confined him to a wheel chair. His father is now seventy eight years old, diagnosed with chronic kidney failure and needs dialysis treatments three times a week to survive. His father also has problems with a vascular disease in his legs and non healing ulcers on his feet and ankles. These require frequent dressing changes and regular appointments at the wound care center for debridement (Exhibit B).

    While USC was working in South Korea, his uncle helped care for his father. His uncle is also elderly, has his own health issues and works full time. USC's' uncle must sometimes miss hours from work to take USC's father for his doctors' appointments and run daily errands. His uncle is finding it harder to be a dependable source of transportation for USC's father's doctors' appointments and run daily errands (Exhibit C).

    When USC returns to the U.S., his father will be living with him and will depend on him to take him to the doctor for his dialysis treatments and appointments at the wound care center. When his employer needs him to travel in performance of his job duties, his wife would be there to care for his father. If USC moved to his wife's country, his father would not have dependable transportation for his dialysis treatments and non healing wounds. If his father misses one of his dialysis treatments, he would suffer kidney failure which would result in death.
    USC's father greatly depends on him and they both enjoy a strong father son relationship.
    By moving to South Korea, USC would suffer enormous psychological and emotional stress. His hypertension could exacerbate increasing his chance of suffering a stroke, heart failure, or possibly death.

    LOSS OF EMPLOYMENT

    USC is employed by Company Inc. in Palm Bay FL. He's a Field Service Engineer specializing in Strategic Aerial Reconnaissance Systems for the U.S. military. His profession is extremely specialized. There are not many companies worldwide that manufacture these systems and the employment resources that possess the necessary skills to operate and maintain these systems are extremely small. Special security clearances granted by the U.S. government are required to perform his duties. Additionally, he is called on to travel to U.S. military bases world wide in performance of his duties. These skills, by their very nature, are not transferable to other countries.

    At age 54 and with his profession being such a narrow field, finding employment even remotely related to his career in South Korea would be impossible. By not being a Korean citizen, he would not be granted the necessary security clearances. He doesn't speak or write Korean. If he found any work at all, he would only be eligible for entry level or minimum wage type work.

    If USC moved to South Korea he would suffer extreme and unusual hardships. The loss of his career that took him over twenty years to build would be devastating for him (Exhibit D). Not only would he lose his tenure and security clearances but also the excellent benefits such as health insurance, retirement plan, education assistance, vacation, etc and it would be impossible for him to ever recover his standing in his current profession.

    FINANCIAL

    As a result form USC's previous marriage; he pays a total of $1553.00 per month in alimony and child support payments (Exhibit E). If he moved to South Korea, he would be unemployed and could not meet his lawful financial obligation to his ex spouse and pay child support. Therefore, he would be subject to criminal charges in his own country.

    He could not pay his credit debt which would ruin his credit rating and his credit cards would be revoked. Paying with cash isn't always possible. Cash on hand may not be readily available in case of medical emergencies or serious accidents. If USC returned to the States, he would not be able to buy a home, rent or buy a car, etc. His ability to find a job to support his family would be severely limited.

    USC has one child in college and another one starting this year (Exhibit F). At present he gives the one in college an allowance of $900.00 per month (Exhibit G). His children depend on this allowance to continue their studies, pay rent, utilities, and other living expenses. If he moved to his wife's country, his children would be denied this allowance and could not attend the college of their choice. Lose credits transferring to another college that may not be as good as the one their now attending. His children would have to work instead of focusing on their studies. His children's college education would be greatly compromised.

    The expenses involved in traveling between the U.S. and South Korea would be beyond his financial capabilities. He could not travel to the U.S. to spend time with his natural children or visit his ailing father.

    USC would have no choice but to use his retirement savings if he moved to his wife's country. In doing so, he would be subject to a 20% mandatory federal income tax withholding and pay a 10% early withdrawal penalty (Exhibit H). After the depletion of his retirement funds, the future of USC and his family are left with a serious dilemma of uncertainty and at worst, left with nothing to live off of and totally destitute.

    EDUCATION

    Due to constantly changing technical advances in his field of work and to advance in his career, it is necessary for USC to continue taking education courses on a regular basis. In the U.S., he takes advantage of his company's education assistance program that pays for tuition and books. Engineering and lab classes desperately needed are closed to him in South Korea because of the language barrier. Without taking classes of higher learning his career now as well as any future career opportunities would be completely ruined.

    PSYCHOLOGICAL / EMOTIONAL

    If USC were to move to his wife's country in fulfillment of his solemn marital vow, His natural children will not only miss his physical presence but they will lose his support as a loving and supportive father. Permanent isolation from his children and ailing father would result in tremendous stress, anxiety, and depression. The psychological / emotional impact on USC would be devastating. His hypertension could exacerbate reaching dangerous levels increasing his chance of suffering a stroke, heart failure, or possibly death.

    USC has developed a strong parental bond with his stepchildren. Their father doesn't phone, visit or provide any financial support. He has totally abandoned them. For the sake of his stepchildren's upbringing, he provides the fatherly guidance, support, and love a child needs while growing up. They look up to him as the only father they ever had. He does not want to separate the bond between his stepchildren and their natural mother. USC wants to keep his family together. He already knows the tremendous amounts of tension, depression and despair associated with family separation due to his previous divorce. The psychological and emotional stresses are overwhelming.

    KOREAN CULTURE

    For a foreigner, especially an American, Korean culture can be intolerable. The society is basically closed to outsiders. Anti-American Semitism is steadily increasing. Many times movement for Americans is restricted for personal safety due to Anti-American demonstrations.

    Since USC can't speak or read the language, it would be very difficult to accomplish anything on the Korean economy. Simple task such as shopping, dinning, entertainment, or just asking for directions becomes monumental.

    USC is an African American. He knows first hand the hardships of living in a homogenous, conservative, and highly discriminative country like South Korea. He would not integrate into Korean Society and would be virtually exiled.

    From: http://www.state.gov/g/drl/rls/hrrpt/2003/27776.htm
    Country Reports on Human Rights Practices - 2003
    Released by the Bureau of Democracy, Human Rights, and Labor
    February 25, 2004
    National/Racial/Ethnic Minorities

    The country is racially homogeneous, with no sizable populations of ethnic minorities. Except in cases of naturalization, citizenship is based on parentage, not place of birth, and persons must show their family genealogy as proof of citizenship. Naturalization is a difficult process requiring detailed applications, a long waiting period, and a series of investigations and examinations. Because of the difficulty of establishing Korean citizenship, those not ethnically Korean remained "foreign," thus disqualifying them legally from entering the civil service and, in practice, being hired by some major corporations. According to a Human Rights Commission survey, 50.7 percent of foreign workers reported that they experienced mockery and verbal attacks in the workplace. Amerasians faced no legal discrimination, but informal discrimination was prevalent.

    From: http://www.seoulsearching.com/magazi...iamerican.html
    South Korea is perhaps one of the most dangerous places an American can travel to at present. Why? Because on face value everything seems fine to someone who is not trained to spot trouble. Unlike the Middle East where danger is a factor of daily life that also gets huge media attention, South Korea can fool many people, and it often has. South Koreans have assaulted, kicked, slapped, punched, lit on fire, spit on, and even kidnapped Americans, to include American soldiers serving in South Korea. Places of business have refused to serve Americans or let them into bars, restaurants, and other public establishments.

    GOOD CHARACTER AND ADMISSIBILITY OF SKC
    The incident that happened five years ago was an isolated and unusual circumstance for SKC. This was totally out of her character. She is deeply repentant and remorseful, a changed woman. She has paid dearly for her mistake. She came close to losing her children, job, self esteem, and respect from her peers. The memories still come back to haunt her to his day. She is goal directed, focused, thoroughly ethical, has good character, and law-abiding. She presents no danger whatsoever to the interests of the United States of America (Character Refs. Attach).

    SUMMARY

    This marriage of two years has come full circle and needs to be recognized for it's family unity which is one of the foundations our nation was built on. Because the marriage has occurred in its full sense, profound forces will move USC to leave his homeland. Yet, if he goes to his wife's country, he would be unemployed and couldn't afford medical insurance therefore; he couldn't buy the medication necessary to control his hypertension putting him in a life threatening situation. There would be no income to support his family, provide for them a good standard of living, and ensure their good health. The opportunities to continue his education and advance in his career are no longer available to him. He would be unavailable to family, especially in regard to his ailing father and natural children. Furthermore, he would not integrate into Korean society because he's African American and would be virtually exiled.
    If SKC is not admitted to the United States of America, USC will be placed in the midst of an impossible dilemma. If he moves to South Korea, which he would do bound by the marital bond he shares with his wife, powerful forces would set into motion emotional, social, and medical forces that would prove life threatening to him.

    USC and SKC respectfully ask that this waiver be approved.


    This is the "I'M sorry letter" my wife wrote. I was agaisnt it at first but glad I included it with my letter.

    To whom it may concern.

    I do not want nicely explain excuse about my case. I was totally wrong I made big mistake but I'm only human. I am so miserable about my pitiful act. It hurts me even now and I will not forgive myself forever of my mistake. I was so foolish, so silly, and totally out of my character of conduct. I almost lose my kids, my job and big damage to my finances.
    But most shock to me is what I did. How come I made that kind mistake I can not believe myself. I am still scared to driving car. I think about accident every time I use car. It so hard to drive because my legs shake when I think about accident I have. If another person forgives me still I can not forgive myself. I never want to hurt somebody. I love peace and want to be honest and show kindness and than I'm happy. I did my best for everything but I made one big mistake. It will never happen again to me because the shame as mother and disgrace to my children and mother. I don't want to hurt my husband he loves me so much he can't live without me. My heart has so much pain and sorrow and I'm very remorseful for what I did. I ask you to let our family stay together. This is all I want in my life.

    I met my husband USC three years after I started working for the Morale Welfare and Recreation (MWR) system at Camp Red Cloud Army Garrison in Uijongbu, South Korea.
    We were together four years before we got married. My two children and mother lives with us. I love my husband and sure he will not hurt me and take good care of my children.
    While we were dating, I found out that he is good man and very prudent and very strong sense of duty and considerate person. And our love grew stronger and we trust each other and cannot live without each other. So I want to be with my husband until I die. We have been married two years.
    I never had this much happiness in my life. I did not know a couple could be this happy. And my two kids never had good time with their father and they do not know what daddy is supposed to be. They did not know what feels like with father to do some things because they never do anything with their natural father. But my husband he is being a father to my kids. He cooks, play with my kids, go out dinner, and watch T.V. and movie together. He makes them laugh, travel, teach bowling, and gives them presents for birthday and Christmas.
    Sometime he gives a scolding when they not behave, no homework, no shower, comeback home late and too much computer game. Now we are a real family living together. I didn't marry him just because he is American. I didn't marry him because he is rich. Me and my husband have to work for living then we can take care of family. We work hard for living but we are happy because we can take care of family and we are together. I am in heaven now because I'm with my husband and my kids. This is my only happiness. What am I going to do if I go to the states? I will live like now as mother and wife and work for living and help take care of our family happily together. We just love each other so much and we just want to be together for the rest of our lives.


    Sincerely,


    SKC

  8. #18
    CASE APPROVED, SUPPORTING LETTER

    These are letters from Aidita and her husband. They were adjudicated in New York.

    My Husbands Letter:

    In regards to the misrepresentation of my paperwork in 1990, I can only state that I have been a victim like so many others of people who prey on people like myself. I was not aware that any misrepresentation had occurred. I was naive and never willfully or with intent attempted to do something wrong. I am truly sorry because I am a thoroughly ethical and law abiding man. I present no danger to the US as I love the US and would love nothing more than to live here with my wife all of my life. My family and I would suffer immensely if I were not granted permission to reside in the US. I humbly ask that I be forgiven in regard to this matter. Sincerely

    My Letter

    Name
    Case #***x
    Re: Hardship Letter
    I 601

    To Whom It May Concern:

    The reason I am filing the I601 is for material misrepresentation that occurred in 1990. I would like to state for the record that my husband and I have been married for xx years and we have established a family and family unity is important to us. My husband is the sole means of support for myself, my children and my grandchildren. I have significant health problems such as diabetes, coronary artery disease and depression. I have had a stent placed in my coronary artery to keep it open and am currently being evaluated for renarrowing of the artery to see if another procedure is necessary. This can be verified by Dr. ***, the cardiologist at *** medical clinic (phone). I would suffer extreme hardship if my husband were deported because these are life threatening illnesses that require regular expert medical care that would be unavailable to me in ***x. The emotional duress that I would suffer from separation would cause further health problems. If my husband were deported it would impact my life greatly. I would be placed in an impossible dilemma. I would have no place to live, no means of support, no health insurance, possible debt and my health would suffer a great deal from the stress of separation. I kindly ask that you consider my request and allow my husband to adjust his status. Thank you.

  9. #19
    APPROVED

    Here's the final draft of Amofernando815's letter. Her waiver was filed in Brasil on June 3, 2005 and approved in Lima on Oct. 24, for her fiance who had previous illegal presence. There is also a note at the bottom about additional evidence she later submitted:

    Extreme Hardship Letter

    I, USC, am writing this letter in support of the I-601 waiver for Alien. The sole reason my fiancé cannot receive his visa is because of the ten year bar because of his overstay on a visitors visa. The separation and/or having to move to Brazil will cause me extreme emotional and financial hardship and even fear for our lives.

    Educational Hardship-
    I have lost a semester of my college which has greatly put me behind in my educational degree. I fear that if and when I return to school that my grades will not be sufficient enough because of the lapse of time in studying. Also, this loss of a semester because of my emotional stress has caused me to lose my car and health insurance. The student loans and parental loans that were deferred on my college are now being called in and have to be paid because I missed a semester of college. If Alien was barred from entering the United States and I had to move to Brazil I would have to terminate my education because it is not possible to earn a degree in teaching that would be valid in the United States. I would also not be able to attend college in Brazil because it is a requirement to speak Portuguese in order to study at the universities there and I do not speak Portuguese.

    Financial Hardship-
    Since the beginning of the visa process I have been a student and have had to rely on loans from my parents to pay for the visa and waiver process. The money strain has caused my parents to sell their retirement home which was the house my father grew up in in order to give loans to me to pay for the costs of the visa and waiver processes. My student and my parents´ parental loans for my college have been called in and must be paid since I had to miss a semester of college. The unemployment rate in the city where my fiancé lives, Uberlândia, is 39% for those under the age of thirty and for those over thirty it is 37%. If I had to move to Brazil to be with my fiancé, it would force me into unemployment and with unemployment rates so high , not speaking the language, and no education in a specific field I fear I will never find a job there. Since my fiancé does not have a job in Brazil, I must pay for all of his expenses also and will continue to have to rely on loans from my parents to survive.

    Family and Community Ties-
    I am very close to my family. My sister is my best friend and my parents are my mentors. This visa and waiver process has not only caused my family and me extreme financial hardship but also extreme emotional hardship. My mother has been diagnosed with depression and my having to move to Brazil to be with my fiancé would cause her to spiral deeper into depression and could cause her to take her own life since she has never been separated from her daughter. My relatives all live within a 50 mile radius of where we live and have many family get together and functions. I have very strong ties to my community. I have lived in the same town, Arnold, Missouri, all my life. My mother is the secretary at the school district and my grandmother was the school nurse at the school district I attended my entire school career. I have also worked at the school district since I was sixteen years old at the schools auditorium, as an assistant secretary, and as a substitute teacher. My uncle and my father both work for the city police department and my family and I are very much involved in community services. I am very much involved with my church. I attend church every Sunday and volunteer for the church picnics and other activities. I am involved in the town political aspects such as campaigning for the mayor and councilmen. I have many close friends and all my relatives live in the St. Louis area and I would be devastated and isolated if I had to move to Brazil to be with my husband because he was barred from entering the United States.

    Language Barrier-
    I do not speak Portuguese which is the official language of Brazil. This would cause me to not be able to study at federal universities since it is a requirement to speak Portuguese to attend. It would make it almost impossible for me to find a job or even function in everyday activities.

    Children issues-
    I am in my prime for starting a family and my fiancé and I would love to have children now. I fear having children in Brazil because the infant mortality rate in Brazil is 29.61 per 1,000 births. The United States infant mortality rates are much better with only 6.5 deaths per 1,000 births. Also, I think it would be devastating for a child to have to be born in Brazil and live there for the first half of their life then move to the United States once the bar was removed. The crime rates in Uberlândia and in the rest of Brazil are very bad and are continuing to get worse. I would fear for my life and my fiancé's life not to mention be terribly afraid to have a child in a dangerous city.

    Final Statement-
    I am a proud United States citizen. I have done my civic duties and have voted in every single election. I have a clean criminal record and obey all laws. My family and I are all employees of the government and hold our government in high standards. I would never want to leave the United States and live in another country but would be strongly led to live with my fiancé in Brazil if this waiver is not approved. Now I ask my government to please forgive my fiancé for his wrongdoing and approve our waiver.

    Also: sent by fax letter from Dr. stating I was pregnant and had my due date on it then wrote an additional letter that simply stated that with the baby there was added stress and financial hardship. Also, there was additional medical hardships such as the effects of stress and emotional hardship can have a life long lasting affect on the unborn baby and can cause preterm birth. (I got this from a book called Tomorrows Baby).

  10. #20
    APPROVED

    Here is a copy of Avila's letter. It was adjudicated in Ciudad Juarez, Mexico.

    Here is our final hardship letter. When we had our interview in June, we knew nothing about the waiver so I just wrote a little one page letter on the spot. Then, I found this website and used other examples to help me write this letter. I mailed the letter in October and our case was approved on Nov. 1st. I assume that they received this letter and that they based the approval on this letter. I hope this helps!!



    Rebekah Avila, Gabriel Avila and Maya Avila would suffer extreme and severe hardship, if Gustavo Avila is not admitted to the United States. Mrs. Avila's family responsibilities, financial responsibilities, health and community ties would prevent her from living in Mexico with her husband. At the same time, she would feel compelled by the powerful forces of her complete marital bond and two young children to do so.

    There are several interacting hardships:

    I. Personal Considerations

    Mrs. Avila and her two children are exceptionally close and emotionally dependent on their United States family. Mrs. Avila is one of eight children to her mother and father and has a 94 year old grandmother for whom she is currently caring. She has lived in close proximity to her family throughout her life.

    a. Grandmother

    Mrs. Avila is currently caring for her 94 year old grandmother, Ms. Niven. Ms. Niven lives in her home and relies on Mrs. Avila for her medication, daily meals, hygiene, doctor's appointments and companionship. (See Attachment A) Ms. Niven does not want to go to a nursing home and Mrs. Avila is making it possible for her to stay in her home. Ms. Niven's remaining family live in other areas and are not able to provide her the care she needs.

    Mrs. Avila feels strongly about taking care of Ms. Niven. If Mr. Avila is not permitted in the United States, Mrs. Avila will be forced to re-locate to Mexico, leaving Ms. Niven to be admitted to a nursing home, therefore reducing her quality of life. This situation would be a tragedy for not only Ms. Niven but for her entire family as well.

    b. Children

    Mr. and Mrs. Avila have two children, Gabriel and Maya. Gabriel, almost two years old, was born on November 8, 2003. Maya, an infant, was born on April 22, 2005. Mrs. Avila has tremendous grief over having to raise two children by herself.

    Both Mr. and Mrs. Avila feel strongly that children should not be separated from their parents, especially during the formative stages of their lives. If Mr. Avila is not allowed to return to the United States, Gabriel and Maya would be deprived of their father. Mr. Avila would miss crucial moments in both the physical and psychological development of Gabriel and Maya, including events that would aid in the formation of a relationship between them. The possibility of not having Mr. Avila share in the responsibility of their children torments Mrs. Avila every day. Thus, if Mr. Avila is not allowed to return to the United States, Mrs. Avila would be raising their children as a single mother and would suffer tremendously, while Gabriel and Maya would lose irreplaceable moments of their life with their father.
    Like any mother, Mrs. Avila wants her children to have at least all of the choices and possibilities that she had while growing up. She also wants to be able to provide those things which she did not have. She and Mr. Avila deeply believe that they will not be able to accomplish this feat while living in Mexico. Mr. and Mrs. Avila love each other deeply and want to provide their children with a strong and positive home. They want to give them the best education, the best medical care, the safest surroundings and the love and support of Mrs. Avila's family. For Mrs. Avila, all of this is possible only while living in the United States of America. Mexico is known to be lacking in educational opportunities, medical care, and many other important aspects. According to research done by Tulane University, "Education in Mexico is greatly segregated by social class."ť(See Attachment B ) This statement means that only wealthy families are able to send their children to schools that have funding for books and materials. Mr. and Mrs. Avila would not have the financial means to provide this education for their children in Mexico. They would also be faced with a glaring disparity in their children's access to health care. According to Minnesota Advocates for Human Rights, ¨Each year an estimated 158,000 Mexican children die from avoidable childhood diseases before reaching age five¨ This would be a great tragedy for the Avila family and a huge injustice to Gabriel and Maya Avila. However in the United States where quality public education and health care is readily available regardless of monetary and social standing, Mr. and Mrs. Avila would be able to ensure that their children have the opportunity to receive a sound education and quality health care. (See Attachment B)
    In addition to a two-parent household and education, Mr. and Mrs. Avila feel that extended family is extremely important to the healthy development of their children. If Mr. and Mrs. Avila lived in the United States, their children would be active members of Mrs. Avila's extended family. As such, they would have the support and guidance of this family unit. If Mrs. Avila is forced to re-locate to Mexico, her children will be deprived of knowing her family in the United States. This would be particularly difficult for Mrs. Avila because her family is an integral part of her life, and she could not imagine them not being closely connected to her children and herself. Gabriel and Maya, United States Citizens, would not only be denied the privilege of living and growing up in the country that their mother loves so much but also the advantage of being surrounded by an extended support group, Mrs. Avila's family.

    c. Other Family Ties

    Mrs. Avila was born and raised in the United States of America. She has lived there her entire life. She is very close to her large family. Her family is her main support group as well as one of the most important aspects of her life. Mrs. Avila cannot move to Mexico because her family, as she knows it, would be lost. Her family's constant support and guidance is one of her main coping mechanisms. Without their presence in her life, Mrs. Avila would surely suffer.

    Mrs. Avila does not have family or friends outside of the United States. Although she has interacted with Mr. Avila's family, she has always been alienated because she does not speak their language. Being alienated is extremely difficult for her, as she is friendly and used to being constantly surrounded by family and friends. Mr. Avila knows that if Mrs. Avila were forced to re-locate to Mexico, she would suffer from extreme isolation. The lack of her support group would add even more stress to her already stressful life. The separation from her family combined with feelings of isolation would put her at grave risk for the development of psychological disorders.

    II. Financial Considerations

    a. Education

    Mrs. Avila is the primary financial support of the family. She has a Bachelor's degree in Rehabilitation Science and is the Director of the Yell County Literacy Council, a volunteer program that teaches adults who read below a 6.0 reading level to read better. (See Attachment C) Mr. Avila was caring for the children, allowing Mrs. Avila to work. Due to the high price of childcare for two young children, Mrs. Avila cannot afford childcare on her salary, approximately $20,000.00 a year, and Mr. Avila caring for the children made it possible for her to buy a house and provide a decent standard of living for her family. Placing the children in daycare would be extremely hard, as they were never been placed in one. Mr. Avila has taken care of the children since they were born due to high cost of daycare (See Attachments D & E) If Mr. Avila is not permitted to reside in the United States, Mrs. Avila will be forced to become a charge on society, relying on government aid and services to provide for her family.

    Mrs. Avila has a Bachelor's degree in Rehabilitation Science. She worked hard attending four years of University studies. (See Attachment F)) She is trained to work in the area of social services. If she is forced to re-locate to Mexico, it will be virtually impossible for her to find a job at all, much less a job in the area of studies that she dedicated her life to. Mexico has very few social programs and the programs they do have would require Mrs. Avila to be a fluent speaker of Spanish, which she is not.

    b. Employment

    If Mrs. Avila quits her career to move to Mexico and be with her husband, it is unlikely that she will be able to find a job (due to lack of training, language barriers, and the overall economic situation in Mexico.) This would make her predicament even graver and would impact aspects of her life: psychological, family and physical. Not only would this provoke serious depression due to loss of ability to provide income, but financial difficulties would block Gabriel and Maya from the possibility of a decent life. This would be an extreme hardship to Mrs. Avila because she desperately wants to be able to provide for her children.

    Unemployment results in many different factors that greatly concern Mrs. Avila, not the least of which is the ability to provide high levels of medical care for herself, her husband, and their children. It also raises questions of whether or not she would be able to provide adequate educational opportunities or afford anything other than substandard housing. Moreover, she would become even more isolated from her own family as she would be unable to purchase plane tickets to go home to visit (tickets cost between US$450-US$700 round trip), or even pay for the international calls that would be necessary to stay in touch. Thus, the almost certain unemployment that she would face in Mexico would cause her extreme hardship. Mrs. Avila would be unable to provide for her family, as she currently does, thereby affecting her self-esteem and feelings of self-worth. She would be unable to afford tickets home or even long distance calls to her family. She would jeopardize her ability to pay for adequate medical care or educational opportunities and would significantly lower her standard of living. Thus, a move to Mexico would cause immense damage to both her current and future standard of living compared to the social level that she currently has had and will obtain in the future in the United States.

    c. Debt

    The financial status of Mrs. Avila is encumber some, with an outstanding mortgage of $75,000 and outstanding car loan of $22,000 and credit card debts of $7,000. It would be impossible for her to re-locate to Mexico and cover her debt. This would have adverse affects on her credit history, and her reputation as an accountable, responsible citizen. (See Attachments G, H & I)

    Additionally, due to these financial issues, Mr. and Mrs. Avila and their two children would be forced to live with Mr. Avila's family, who reside in a small house. Currently, including Mr. Avila, there are ten people living in this small residence. This would be a very severe change in living standards for Mrs. Avila, and would further increase her levels of hardship

    III. Health

    Mrs. Avila has previously existing health issues which will be impacted negatively if she does not have access to regular, expert medical care. Significant stress will contribute to the likelihood of reoccurrence and considerable pain associated with these maladies.

    a. Medical Condition

    In June of 2005, Mrs. Avila was diagnosed with Pre Cancerous cells on her cervix. A biopsy was performed in which the removed cells were determined to be pre cancerous. This condition could rapidly progress into cervical cancer, which has a 30% mortality rate. In the case of Mrs. Avila, several factors further increase this risk. Her current economic situation (due to the distance between herself and her husband) is strained, and further strain, or the necessity to leave the United States to be with her husband, could affect her ability to receive regular screening. (See Attachment J)

    After the biopsy was performed, Mrs. Avila's physician assigned the best course of follow-up measures for her, which included having pap smears every three months for one year and every six months for two years in order to assure that she will not develop a recurrence of the pre cancerous cells. It is imperative that these follow-up appointments are utilized to be sure that the pre-cancerous tissue was completely removed and that the abnormal cells do not return. (See Attachment K)

    The Mexican healthcare system does not have adequate facilities to provide proper detection nor prevention of the progression of cervical cancer. In the United States, where pap test screening quality and coverage is high, the efforts have reduced invasive cervical incidence by as much as 80 percent. However, in Mexico the low quality of pap test services has been a major barrier. According to the attached study of Mexico's pap tests, 13 cytology centers found a range of problems from poor-quality of services to inadequately trained technicians, the false-negative rate for pap tests in these centers was as high as 54 percent. (See Attachment L) This would put Mrs. Avila at a greater risk of developing cervical cancer due to the poor quality of medical care that is available in Mexico. Mrs. Avila would have to remain in the United States in order to receive adequate medical care and prevent her pre cancerous cells to develop into full blown cancer.

    b. Vulnerability to Medical Illness

    It can be expected that the average person enmeshed in an immigration case of this nature would experience profound psychological difficulties.
    In 1967, Thomas H. Holmes, M.D. and Richard H. Rahe, M.D. published in the prestigious Journal of Psychosomatic Research, ¨The Social Readjustment Rating Scale¨(SRRS). This scale is now famous. Its efficacy is well established. For instance, in December 2000 in Educational and Psychological Measurement, Judith A. Scully, Henry Tosi and Kevin Banning re-evaluated the use of this instrument. The abstract of their article states: ¨The authors conclude that, in sum, life changing events remain useful predictors of stress related symptom scores and that the SRRS is a robust instrument for identifying the potential for the occurrence of stress-related outcomes and is, therefore, a useful tool...¨

    The scale uses the weighing of Life Changes Units (LCU's) as a means of being able to predict vulnerability to medical illness. Significant life changes, positive and negative, which occur with frequency and intensity, are significant variables in the development of medical illness. It is not possible to predict exactly which illness might occur. However, degree of vulnerability can be predicted.

    The following are the predictive ranges of the Holmes-Rahe Social Readjustment Scale:

    LCU<150: No significant risk of Illness
    LCU 150-199: 35% chance of illness or injury in two year period
    LCU 200-299: 51% chance of illness or injury in two year period
    LCU>300: 80% chance of illness or injury in two year period

    This scale was applied to Mrs. Avila (on the assumed basis that she was
    forced to move to Mexico). Mrs. Avila's score on this instrument was 476. On the other hand, if Mr. Avila were admitted to the United States her score would drop dramatically to 64. (See Attachment M)

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

    The Holmes-Rahe SRRS also demonstrates a very important fact widely recognized in the health sciences. Stress and other risk factors not only exist as independent influences, they interact dynamically. In other words, the whole is greater than its parts. Mrs. Avila is being subjected to, or may be subjected to, factors whose interactions contribute exponentially to her experience of hardship. The factors herein delineated are more than additive. Each interacts with the other in a dynamic manner that potentates and heightens their mutual impact on Mrs. Avila. Therefore, the totality of hardship factors exceeds measurement.

    Thus, it is this totality of factors that must be considered when reading this document. Additionally, it must also be remembered that Mrs. Avila is currently experiencing high levels of psychological stress. Thus, each of these areas of actual or potential hardship must be added to the already significant psychological hardship that Mrs. Avila deals with every day.

    IV. Special Factors

    Mrs. Avila does not speak or understand Spanish. Therefore, she would be severely limited in any interaction with the Mexicans, from making friends to being employed. She does not have one single family member or friend in Mexico who would be able to ease the transition or help her out.

    a. Good Character and Admissibility of Mr. Avila

    Mr. Avila is a family-oriented man with high moral standards. He is extremely sorry for the pain and suffering that his unlawful presence in the United States has caused his wife, children and wife's family. Although he makes no excuses for his behavior, he would like to mention that it was out of character for him and he has never engaged in any other illegal activities. If given a second chance, Mr. Avila would respect all laws of the United States; not only in fear of reprisal, but also from a genuine love for the country and for his family.

    Activities related to residing illegally in the United States of America express an isolated and unusual circumstance for Mr. Avila. He is deeply repentant, a changed man. He is goal directed, focused and thoroughly ethical and law-abiding. He presents no danger whatsoever to the interests of the United States of America. (See Attachments N & O)

    b. Violence in Mexico

    According to the Department of States travel warnings, Mexico City is not entirely safe for United States Citizens. (See Attachment P) United States Citizens are often victims of robberies, kidnappings and many other criminal activities. Mexico City is number one in the world of the number of kidnappings that take place. This would be a dangerous place for Mrs. Avila and her two children to live.

    c. Air Pollution in Mexico

    According to a Human Development Study, Mexico City has the most polluted air in the country and is one of the most polluted cities in the world. Its ozone levels exceed the World Health Organization standards 300 days a year. The air pollution results in more than a third of Mexico's disease burden. Government figures suggest that tens of thousands of people die prematurely because of health problems related to the smog that envelops the city for much of the winter period from November to May. Also, respiratory ailments related to air pollution were the cause of death for at least half of the more than 2,800 minors who died in a controlled study. (See Attachment Q) Mexico City's air pollution would put Mrs. Avila and her children at a huge risk of developing serious health conditions. If Mr. Avila is admitted into the United State, Mrs. Avila and her children will not be put at risk due to air pollution.

    V. Summary

    It needs to be emphasized that by issuing an approval of an I-130, the United States government has formally and legally recognized the validity of the marriage between Mr. and Mrs. Avila. It is well documented that family unity is an important value unpinning the raison d´etre of the United States of America and that actions to assure family unity are part of the intent of the United States immigration law (for example, see Title 8, Chapter 12, Subchapter II, Part II, Section I, pp. 64 and 65). Although it is a function of the law to provide legal definition and recognition to this marriage between Mr. and Mrs. Avila, it is clearly the intent of law to support the complex nature of marriage. In other words, in this and other genuine marriages there are multiple social, psychological, familial, economic, cultural, spiritual, etc. bonds, which are presumed by the law to exist conjointly with the legal presence of marriage. Support for these complex interacting marital bonds is a fundamental value of the larger society and a function of the law.

    Because this is a full and complete marriage with intense emotional, social, familial, economic and spiritual ties, the reciprocal bond between Mr. and Mrs. Avila must be granted great weight while accessing what would happen to Mrs. Avila if Mr. Avila were not admitted to the United States. All extra hardships are built upon the base of significant, although unusual, hardships. In other words, it is of note that Mrs. Avila, Gabriel and Maya miss their husband and father painfully. Mrs. Avila is anxious about their future because it depends upon Mr. Avila's status. However, these are considered herein to be simply the backdrop of those other previously listed hardships that, individually and when combined and interacting, are severe. The enormous strain of being separated from her husband constitutes a powerful hardship on Mrs. Avila. The other hardships on top of this one culminate in her being potentially and actually subjected to extreme and unusual hardship.

    These additional hardships include, but are not limited to, Mrs. Avila's elderly grandmother's fragile health conditions and reliance on her help that would prevent her and her children from living in Mexico with their husband and father. In addition, she would lose her career and her income if she were to leave the United States to be with her husband. Mrs. Avila would also be faced with imminent unemployment and without the possibility of providing for her children. These factors combined with her strong emotional bonds to her family in the United States would make it impossible for her to move to Mexico without severe and unusual hardship.

    If Mrs. Avila, Gabriel and Maya were unable to live with their husband and father, greater hardship would be expected to arise. They would be unable to receive the support and love inherent in a true marital and father-child relationship. This creates an impossible situation, which is currently wearing on Mrs. Avila's state of being, desire to live and ability to function. It is tearing her into two very distinct halves and can only be resolved by the reuniting of these two parts in the United State of America.
    In short, if Mr. Avila is not admitted to the United States of America, Mrs. Avila 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 homeland. Yet, if she moves to Mexico, it would put her, her grandmother's health and her children's well-being at risk. Mexico is economically depressed, has poor health care (by United States standards), is extremely dangerous, has deadly levels of air pollution, has limited educational opportunities and cannot provide her with the employment opportunities necessary for her to fulfill her dreams and maintain her standard of living.

    Sincerely,
    Rebekah Avila

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