ayesjruiz
03-29-2008, 03:44 AM
Please---Advise--This is my final HSL. I appreciate any comments.
Dear Immigration Officer:
I am writing this letter as an addendum to my previous hardship statement dated Nov 15, 2007 that was filed for my wife, XXX. I appreciate the opportunity to add a few other examples of hardship not included in the previous one. The absence of my wife has proved to be an extreme hardship for me as I not only miss and love her; I depend on her in every aspect of my life. As her spouse I hope to prove, not only through this letter but also through documentation that is included that XXX absence is affecting me extremely in the following areas: health issues, financial and career opportunities, safety concern, and personal considerations.
STRONG RISK OF HEREDITARY HEART CONDITION
On June 2007, I was hospitalized due to several bad symptoms (See Exhibit 1). I was feeling very dizzy; I had terrible headaches, nausea, and an awful chest pain – I had symptoms of a classical heart attack (See Exhibit 2). I was frequently feeling suddenly ill. At the hospital, my heart and vital signals were monitored for more than five hours. The doctor said that my heart rate had an abnormal rhythm, it was way below normal. I’ve been a soccer player for more than twenty years, and having a low heart rate could be normal since sports players usually have a low heart rate but due to my dizziness and headaches, my doctor ordered an ECG with a cardiologist to make sure everything was fine. My doctor said that there have been soccer players that die on the field because they don’t go through a complete medical check up (See Exhibit 3). I got really scared because I’ve been in shape and pretty healthy all of my life and I couldn’t imagine something bad happening to me. Plus, I could not even think of leaving my passion of playing soccer for the rest of my life, or not been able to coach my soccer team of nine year-old kids. Although the ECG results showed a positive outcome, my doctor recommended lowering my physical activity because I am at danger of having a hearth attack if these symptoms continue. From playing for three local soccer teams on the weekends, I had to stay with only one. My doctor was so helpful and talk to me straight to the point without making me feel bad. I felt really good to be treated by him. During this unpleasant experience, I also had the support of my wife all the time. If my health gets worse again or if, for God’s decision, I ever suffered a heart attack, I need my wife with me to monitor my condition. Moreover, if I were to move to Mexico, I will not have the quality of treatment and service I had received from the staff and U.S. medical facilities.
Last month, I was diagnosed with high blood cholesterol (See Exhibit 4). This will greatly increase my risk for heart disease (See Exhibit 5). My grandparents are currently being treated for heart problems. They both had a coronary artery bypass surgery (See Exhibit 6). I may be at genetic risk of develop heart problems as well. My doctor even mentioned it to me when I was hospitalized. According to the Department of Health and Human Services, high blood cholesterol and a family history of heart disease increase the risk of developing heart disease (See Exhibit 5). I am definitely at big risk of developing a disease that will result in significant deterioration of health problems for me, which would be life threatening. Therefore, I need the support and love of my wife by my side to face any unforeseen tragedy.
ADDITIONAL HEALTH ISSUES IN U.S. CITIZEN
If I were forced to live in Mexico permanently, stress will have an immeasurable impact on my life because I will live in constant fear for my safety and the safety of my wife and children. Like I stated on my previous letter, my stress has greatly increased since XXX and the kids stayed in Mexico. I worried about providing for my family, worried about making enough money to pay the bills, worried about preparing for our future baby (XXX is pregnant-See Exhibit 7), had to assume responsibility for every aspect of our lives. Stress is related to 4 well-known diseases: depression, cardiovascular disease, the progression of HIV/AIDS, and additional studies are needed before fairly evaluating the role of stress in cancer (See Exhibit 8). Thus said, my stress can increase the risk of developing a fatal disease.
I have been diagnosed with clinical depression (See Exhibit 9). Although it can be expected that the average person enmeshed in an immigration case of this nature would experience emotional difficulties, my psychological hardships have proven themselves to be particularly severe and have the potential of causing medical illness, hospitalization, or even death. When I first found out about the potential ten-year ban, I was devastated. The people in my life were extremely worried about me (See Exhibit 10). Having depression is a major risk factor for suicide; in addition, people with depression suffer from higher mortality from other causes (See Exhibit 11). I sometimes wish I could be dead rather than face the chance of going through my life without my wife, kids or family. I can’t sleep at night nor can’t I eat during the day. I am loosing a lot of weight. I can’t focus at work; my job performance is being affected and my employers had given me written warnings (See Exhibit 12). I have no energy and can’t concentrate. I have experienced more stomach pain and diarrhea. The lonesomeness and the heartache are some days it’s too great to bear. All of these symptoms do not compare to the devastation and isolation I have felt from being separated from my wife and my kids.
If this waiver is denied, I may be at risk for suicide (See Exhibit 13). This terrifies me. If the waiver is denied, I would likely develop chronic depression and yet be unable to afford the medical care I need. Thankfully I have such a loving and supportive family who helps me through each day. My parents, brothers, and in-laws have helped me to be strong, stay hopeful, and keep faith. I pray to God numerous times throughout the day to bring us back together and let our lives be normal again at a healthy stage.
U.S. CHILDREN PSYCHOLOGICAL ISSUES
Being separated my kids from me has caused them a lot of emotional and psychological problems especially to our oldest daughter. We have two children who are U.S. citizens and their names are XXX, age 2 and XXX, age 8 months. We are expecting a new baby towards the end of the month of October of this year (See Exhibit 7). XXX and XXX are currently staying with my wife in XXX. Son., Mexico, a city located at the border with XXX. I have to stay in the U.S. because I have to work to pay our financial obligations and support my family, I have to stay for the sale of our house, and I have to keep coaching and playing soccer. My daughter, XXX, wakes up in the middle of the night crying to go home. Her conversations are only about her toys and the little dog she has in our house in the U.S. During the day, she seems very passive, perpetually sad, and very unsatisfied most of the time. According to the book Caring for Your Baby and Young Children, she suffers child depression (See Exhibit 14). Our daughter is old enough to know who her father is, but she is not old enough to understand why he is gone. On the other hand, XXX hardly knows me. I have share so little moments with him since he was born that he doesn’t recognize me as his dad. Knowing this kills me! When our new baby enters the world, he will not know his father’s tough, voice, and love. I can’t possible describe how this makes me feel. If XXX is not allowed to re-enter the U.S., I will never have the opportunity to bond with our new baby nor will I keep a relation with the other two kids as in any normal family a father will do. My children are growing up without the “father figure” in their life. This could create severe circumstances in the children's emotional, physical, and intellectual well being and also the well being of the family unit (See Exhibit 15). If XXX were not allowed to return to the U.S., XXX and XXX would be deprived of her biological and caring dad. I would miss crucial moments in both the physical and psychological development of my kids, including events that would aid in the formation of a relationship between us. Not having to share in the responsibility of our children torments me every day especially not been there with my wife through the pregnancy process. If XXX were not allowed to return to the U.S., she would be raising our children as a single mother and my kids would suffer tremendously. Like any father, I want my children to have at least all of the choices and possibilities that I had growing up. I also want to be able to provide things that I did not have. XXX and I deeply believe that they will not be able to accomplish this while living in Mexico. XXX and I love each other deeply and want to provide our children with a strong and positive home. We want to give them the best education, the best medical care, the safest surroundings and the love and support of our family. For me, all of this is possible only while living in the U.S.
IMPENDING PREGNANCY & NEED FOR PRENATAL CARE
I want to be a supportive husband to my wife throughout the pregnancy process. I’ve been with my wife through her previous two pregnancies and I had witnessed the birth of our daughter and son. I am terrified thinking I might not be there for the birth of our future baby this time. I also fear that if I am not with my wife, she might experience extreme postpartum depression like she had experienced before. Without my presence, she will not have anyone there to help her through the first weeks after having the baby. It has been documented that not having an adequate support system can result in postpartum depression. Mothers with postpartum depression can unconsciously exhibit fewer positive emotions and more negative emotions toward their children. They are less responsive and less sensitive to infant cues, less emotionally available, have a less successful maternal role attainment, and have infants that are less securely attached; and in more extreme cases, some women may have thoughts of harming their children (See Exhibit 16). If XXX is allowed to re-enter the United States, I am not only confident that she will have excellent prenatal care, she will have access to advanced medical and support facilities that will help her avoid failing into postpartum depression.
On the other hand if I am living in Mexico, my wife would not be able to get the standard of care and that would put her life and the life of our baby at risk. In Mexico the maternal mortality rate is 55 per every 100,000 women (See Exhibit 17). The infant mortality rate is 20.91 babies per every 1,000 live births in Mexico (See Exhibit 18). I do not want to have those odds against my wife and the life of our future child. I’m a United States Citizen and my children deserve to have the advantage of the quality prenatal and health care that the U.S. has to offer.
FINANCIAL HARDSHIP AND LACK OF CAREER OPPORTUNITY
It is so extremely hard to explain the enormous financial impact this separation has caused me. I purchased a new home in April 2007; the payments are $XXX a month (See Exhibit 19). I bought this house for us, as a place to start a new life together, and where we could nurture the loving environment in which to raise our children. I had put this house up for sale because I can’t afford to make the mortgage payments anymore (See Exhibit 20). I do not have any equity in the home at this time. I will be losing money since I am force to sell our home. I worked hard to be able to buy this house so we would not move in the future and live there for the rest of our lives. Having to sell it has been devastating. I also don’t have enough money to make the car payment this month. I had to ask my older brother to loan me money to make the payment the last two months. I was embarrassed because I’ve never had to borrow money from anyone. If I don’t ask someone else to loan me money I’ll be force to return my car. This will be extremely hard for me to transport from and to places, especially to work. With both credit/debt totaled at about $XXX I am unable to maintain the minimum payments (See Exhibit 21). I recently established good credit. Since Amelia departure in October 2007, I am not able to pay my debts on time and this is leading to ruin my credit, sale my house, and return my car, something that I worked so hard to get. I am unable to maintain two households and keep paying every bill every month
If I were to move to Mexico, I would have to leave my job. I have been working for my brother’s pool plastering company for the past three years. I am in charge of the last step of a pool- the acid wash process. I also have experience building a pool from digging a hole to the last step of filling up the pool with water. I am currently making a salary of $XXX (See Exhibit 22). In Arizona, a pool company has a big potential to grow; therefore, its employees have more pools to build and can earn more money. If I were to move to Mexico, I would not be able to keep working on the same field or earn the same salary. There are only a few pool companies in Mexico. Having a pool in your back yard in Mexico is a luxurious cost more than a necessity. Mexico currently has an unemployment rate of 3% which causes 40% of its population to live below the poverty level (See exhibit 23). In Mexico, I’ll be making at least $49.50 pesos a day/ $4.71 dollars a day (minimum wage in Mexico), which will not be enough to make even the minimum monthly payments to fulfill my financial obligations in the U.S (See Exhibit 24). My income as well as my standard of living will drop dramatically in Mexico. Without my current salary to rely upon, not only would we be subjected to the extreme hardship of living in sub-standard conditions, but also we would have nothing to return to the United States except damaged credit and debt.
In September 2007, my wife and I open a small clothing store. We had my youngest brother manage the store and my wife worked at the financial end. I work during the mornings at the pool plastering company with my brothers and in the afternoons I had to do the store’s errands. The business is in my name and all money earned is reported to my name (See Exhibit 25). This way no money will go unreported. We sacrificed a lot to start this business. Without my wife here, it will be useless. Since my wife departure, I had been forced to close the store and all the contracts with our suppliers. I am still keeping the license so when my wife comes back we will re-open it again (See Exhibit 26). If she is not allowed to return to the U.S., everything that we have worked so hard for will be gone and I will not have the promising business to possibly pass on to our children.
If I am force to move to Mexico, I may have to file bankruptcy. However, with XXX in the United States she will be gainfully employed. She has already received several job offers (See Exhibit 27). Our combined income would allow us to quickly pay our debts, continue paying our home and car, and raise our children in a secure and reasonable environment; none of this will be possible if XXX is not here.
CONCERN FOR SAFETY
Mexico, especially cities located at the border with the U.S., have serious problems with drug violence, kidnappings, police corruption and abuse, government corruption, extortion, sexual violence against women and human trafficking (See Exhibit 28). To be specific, current statistics show that Mexico is ranked number two in the world in the number of kidnappings that take place. It is ranked four in the world for assaults and fifth in the world for murders with a firearm (See Exhibit 29). I will definitely face potential life threatening risks to my personal safety if I move to Mexico to be with my wife. In fact, my wife and kids have already experienced a terrible crime incident while living in Mexico.
My wife and kids had been victims of Mexico’s crime. This happened outside the house they are currently staying in XXX. Sonora. My wife and kids came back from the store when my wife got out of the car to open the house’s gate, a man looking like a gang member, approached to my wife and pointed a gun to her head. He asked for the keys of the car and any valuable belongings. My kids were still in the car. XXX started screaming and crying when she saw this man getting closer to my wife with a gun. My wife told him to take our kids out of the car and to take it. At the moment, my father in law came out of the house. When the gang man saw him, he run a few meters away from the house and got into a car and took off. After he left, my wife and daughter could not stop crying. My father in law called the police and a report was taken (See Exhibit 30).
Up to this moment, we have not heard if this man has been caught already or not. The worse point is that my wife was driving a 1990 Honda Accord, not a brand-new or luxurious car. My wife and kids were very close to die. This has been the most horrible experience in my wife’s life and the most traumatic in my daughter’s life so far. To me, it has been so devastating. Being away from my wife and kids and not be able to protect them, has been terrible. I have suffered so deeply for taking my wife and kids to this situation that I feel responsible if anything bad happens to them. I am worry for them because they are in danger of being assaulted again or even killed if they stay any longer in Mexico. During the night, I have nightmares where I can see my daughter crying and asking me to take her home with mommy and her little brother. This has been such as terrible experience that my wife is scared to go outside the house. My wife and kids live in “jail” inside the room they live in. They are afraid this terrible incident will happen again. I could never live with myself or bare the consequences of such an awful incident if it happens while they are staying in Mexico. I am so worry for the life of the new baby coming. Another experience like this will be devastating in the development of the new unborn baby, which could lead to an abortion or birth abnormalities. Mexico is not a safe place for me or for my family to live.
After my wife’s incident, we have realized that crime in Mexico not only targets foreign tourists, it targets the most weak and vulnerable people. Any one driving a car with U.S. plates is at big risk of being assaulted or kidnapped because criminals think any one coming from the U.S. has a lot of money. The Mexican Government reports that under the “Paisano” program, twenty eight cases were reported two years ago by Mexicans coming from the U.S. that traveled through Mexico during the holidays (See Exhibit 31). This number keeps increasing significantly each year. I am terrified knowing that my wife and kids are in danger living in Mexico, even more, that there is a possibility of living in Mexico on a permanent basis.
U.S. CITIZEN´S FAMILY BACKGROUND
My wife and I met during our senior year in high school. We both played for the boy and girl’s soccer teams respectively. We graduated together on May 1999. We had plans to marry right after high school, but we decided to wait so together each of us will pursue their dreams of becoming professionals in our careers. I wanted to play professional soccer and XXX wanted to pursue a degree in business. Soccer is my passion. I’ve been playing amateur and professional soccer since I was five years old. After high school, I played three years for Arizona’s professional soccer team. Meanwhile, XXX finished college and attended XXX University XXX. She got a Bachelor’s Degree in Global Business. On her graduation day in May 2003, I proposed her to marry me. We got legally and religious married a year after. Since then XXX has been my soul mate. She has been my support and the love of my life. She has had such a positive impact on my life and my character; I can honestly say that I would not be the person I am today if it were not for her. I am so happy to be sharing my life with her and to have two beautiful kids. Being separated from her and my kids already over five months has made a terrible impact in my life.
INABILITY TO OBTAIN HEALTHCARE FOR OUR CHILDREN
My wife and I are eager to be good parents and provide a loving home and caring environment in which our children could feel safe. This can only happen if we are together. Our kids are not presently enrolled in school but it is a great concern for me their future education. Likewise, their safety and excellence healthcare becomes a greater concern. Knowing that Mexico has a high crime rate and high rate of kidnappings creates much anxiety for me, especially after the crime incident my wife and kids had experienced. The constant worrying of their well being and fear that they could be kidnapped or killed terrifies me! It scares me to know that I am exposing my children to such an unsafe environment. I will not allow my children’s well being to be violated and therefore could not possibly think to relocate to Mexico on a permanent basis.
The healthcare system in Mexico is not comparable to the standards of healthcare in the United States. Our children currently receive pediatric care by Dr. XXX in XXX. We have established a trusting relationship with Dr. XXX over the years and would be very difficult to replace such a knowledgeable and caring physician. During the emergencies we have had with our children, her assessment skills and treatments have been extraordinary. Dr. XXX is very thorough during my kids’ exams and answers any question and concerns. So far, no pediatrician has been able to replace the qualifications that Dr. XXX demonstrates in the U. S. We have proven this since my wife arrived to Mexico; we have not been able to find a good pediatrician like Dr XXX. My wife just stopped breast-feeding XXX so it was hard for me to take him to his regular checkups with Dr. XXX in XXX. Up today, XXX has not received his regular checkups like any baby will receive the first year because we have not been able to find a good, established pediatrician in Mexico. Immunization shots are very costly with a particular doctor. They average $300.00 dollars per visit. XXX Ximmunization shots are three months behind because we have not been able to pay or registered him in the Seguro Social-the Mexican Medical service (See Exhibit 32). In order for my child to get free immunization shots, I have to be a registered member of the Seguro Social. This is impossible since I don’t have any relatives in Mexico and my wife is not working. Thus being said, it would be impossible to continue excellent health care for our children if they continue living in Mexico.
EDUCATION FOR OUR CHILDREN
We want the best education for our children; therefore, in order for my children to have an education equivalent to the one that they would receive in the United States, I would be forced to send them to private school. This would be impossible if we had to live under the wages I will be earning if we were to live in Mexico on a permanent basis. My children in the U.S. will have more choices and a higher level of education. There are also more opportunities to continue school and get a degree in college since there is so much financial help from the government and other agencies. The school life expectancy total is 11.5 years in Mexico (See Exhibit 33) versus 15.2 years in the United States (See Exhibit 34). Based on these statistics, chances are that my children would have to quit school as teenagers to help our family financially. This is not the life I want for my kids. They are United States Citizens and deserve all the opportunities the U.S. has to offer. I want my kids to speak the language of their native country-English. I also want my kids to graduate from high school and go to college where they can earn a degree and have a world of opportunities available to them.
FAMILY TIES IN THE U.S.
My relationship with my family is like to other. I am the fourth son of five brothers; all born within six years (See Exhibit 35). I love my brothers, sisters in law, nephews, nieces, and parents to death. My parents raised us in a united family with a bond so strong that I suppose distance couldn’t even break. They also taught us the importance of being successful. Like I mentioned before, my two oldest brothers own a pool plastering company, which it is today, a family company. We work together every day to make the company one of the best pool companies of Arizona. I like to work with my brothers because we trust and support each other. Our relationship is very unique and special. In addition of working together, on Sundays we all go to church together and sit in one huge bench. People sitting around can tell we are a family because we look very much alike. I bet, people can even tell whose parents my children, nephews, and nieces are. If XXX were not allowed to return to the United States, I will be forced to move to Mexico. I’ll be separated from my parents and brothers. This will be very harmful to them and to me since we will not see each other or talk every day. We had never been apart more than a couple of months. They have been very supportive throughout my challenges in life and through this immigration process as well. They are the ones that tell me to keep faith and to be strong through this separation. Without my close, loving family or being separated from them, my life will be significantly ruined. Moreover, it will create emotional distress and hardship to me, my wife, and kids.
If I move to Mexico with my wife and kids, my kids will be raised away from my parents. I do not want our kids to grow up without the wisdom and love that my mom and dad will give. On the other hand, my parent’s health issues are presently stable, but as we all know as you age your health may decline. I would like to be a support person for them if their health were to decline.
Likewise if I move to Mexico, I would not be able to afford plane tickets. It would be impossible for me to travel back and forth between the U.S. and Mexico to see my family. Our finances if living in Mexico would not allow it. I’ll be forced to move to Guadalajara, Mexico, where my family is originated. Plane tickets average $500 to $700 per person to visit my family in Phoenix, AZ (See Exhibit 36). Phone calls would be too expensive to make very often. A $50 pesos card, which is about $5 dollars, gives you an average of 10 minutes. If I am forced to move to Mexico, I will never be united with my family the same way I am today.
COMMUNITY TIES IN THE U.S.
I am currently coaching a youth soccer team for a local club named XXX. All of the kids in the team are nine years old (See Exhibit 37). I’ve been coaching this team for the past three years: as a result, the kids know me well and I know and love them very much. The relationship I have with the kids is so strong and faithful that the kids do not feel comfortable with any other coach but me. They get sad and very worry when I don’t make it to practice or to a game (See Exhibit 38). Moreover, their parents get worry for their kid’s progress and enthusiasm to play (See Exhibit 39). The kids feel confident and play better when I am there with them. I understand their feelings and their eagerness to play because I’ve been in their shoes before. Like I mentioned before, I’ve been playing soccer since I was five years old. For me, soccer is more than a passion. I want to make out of these kids better soccer players and some day- better professionals. I look forward every day to teach these kids the best that I know and all my knowledge in the playing field. I am so confident that if I leave the team, they will feel so sad that their soccer level can decline. This might lead the kids to decide to leave the club and not play the sport anymore. Consequently, they might fall into gangs, drugs, or even drop off out of school. If I move to Mexico, the life of all these kids depends on me so they can take the right direction in their life. Having their minds occupied in a sport, will help them don’t fall into anything that will influence their habits or life negatively. Therefore, my presence in the U.S. is so needed as well as I need my wife and kids by my side.
CONCLUSION
I feel deeply compelled each day to be reunited with my wife and kids to share our lives together as we once did and as we have every right to do. However, doing so in Mexico would greatly endanger my safety and the safety of our kids, cause significant psychological stress, strain my relationship with my family, completely deplete our finances and end our dreams of keeping our family together. These factors would make it impossible for me to move to Mexico without severe and unusual hardship. At the same time, my profound attachment to XXX and my belief in the sanctity of marriage prevents my remaining in the U.S. without her.
I cannot make the decision to leave one behind to go with the other. I depend on XXX very much. I would truly be lost without her. She is an exceptional woman. She is very dedicated to our family and very intelligent. It would be impossible for me to live in Mexico. My life and the life of my kids are in jeopardy. This is terrifying. Therefore it is imperative that XXX is allowed to return to the United States with me as soon as possible.
I ask you sincerely to take into consideration all these hardships and unbearable decisions that I face while separated from my wife and kids. I need to have my wife here with me in the United States. I love this country and am proud to be an American citizen. Please allow XXX to come home to me with our kids so that we may once again live together as a loving, united family. Please give us the opportunity to keep living the American Dream – keep our home, keep our business together, keep raising our children - in the safety and security of the great United States of America that so many Americans take for granted every day.
Respectfully,
USC
Dear Immigration Officer:
I am writing this letter as an addendum to my previous hardship statement dated Nov 15, 2007 that was filed for my wife, XXX. I appreciate the opportunity to add a few other examples of hardship not included in the previous one. The absence of my wife has proved to be an extreme hardship for me as I not only miss and love her; I depend on her in every aspect of my life. As her spouse I hope to prove, not only through this letter but also through documentation that is included that XXX absence is affecting me extremely in the following areas: health issues, financial and career opportunities, safety concern, and personal considerations.
STRONG RISK OF HEREDITARY HEART CONDITION
On June 2007, I was hospitalized due to several bad symptoms (See Exhibit 1). I was feeling very dizzy; I had terrible headaches, nausea, and an awful chest pain – I had symptoms of a classical heart attack (See Exhibit 2). I was frequently feeling suddenly ill. At the hospital, my heart and vital signals were monitored for more than five hours. The doctor said that my heart rate had an abnormal rhythm, it was way below normal. I’ve been a soccer player for more than twenty years, and having a low heart rate could be normal since sports players usually have a low heart rate but due to my dizziness and headaches, my doctor ordered an ECG with a cardiologist to make sure everything was fine. My doctor said that there have been soccer players that die on the field because they don’t go through a complete medical check up (See Exhibit 3). I got really scared because I’ve been in shape and pretty healthy all of my life and I couldn’t imagine something bad happening to me. Plus, I could not even think of leaving my passion of playing soccer for the rest of my life, or not been able to coach my soccer team of nine year-old kids. Although the ECG results showed a positive outcome, my doctor recommended lowering my physical activity because I am at danger of having a hearth attack if these symptoms continue. From playing for three local soccer teams on the weekends, I had to stay with only one. My doctor was so helpful and talk to me straight to the point without making me feel bad. I felt really good to be treated by him. During this unpleasant experience, I also had the support of my wife all the time. If my health gets worse again or if, for God’s decision, I ever suffered a heart attack, I need my wife with me to monitor my condition. Moreover, if I were to move to Mexico, I will not have the quality of treatment and service I had received from the staff and U.S. medical facilities.
Last month, I was diagnosed with high blood cholesterol (See Exhibit 4). This will greatly increase my risk for heart disease (See Exhibit 5). My grandparents are currently being treated for heart problems. They both had a coronary artery bypass surgery (See Exhibit 6). I may be at genetic risk of develop heart problems as well. My doctor even mentioned it to me when I was hospitalized. According to the Department of Health and Human Services, high blood cholesterol and a family history of heart disease increase the risk of developing heart disease (See Exhibit 5). I am definitely at big risk of developing a disease that will result in significant deterioration of health problems for me, which would be life threatening. Therefore, I need the support and love of my wife by my side to face any unforeseen tragedy.
ADDITIONAL HEALTH ISSUES IN U.S. CITIZEN
If I were forced to live in Mexico permanently, stress will have an immeasurable impact on my life because I will live in constant fear for my safety and the safety of my wife and children. Like I stated on my previous letter, my stress has greatly increased since XXX and the kids stayed in Mexico. I worried about providing for my family, worried about making enough money to pay the bills, worried about preparing for our future baby (XXX is pregnant-See Exhibit 7), had to assume responsibility for every aspect of our lives. Stress is related to 4 well-known diseases: depression, cardiovascular disease, the progression of HIV/AIDS, and additional studies are needed before fairly evaluating the role of stress in cancer (See Exhibit 8). Thus said, my stress can increase the risk of developing a fatal disease.
I have been diagnosed with clinical depression (See Exhibit 9). Although it can be expected that the average person enmeshed in an immigration case of this nature would experience emotional difficulties, my psychological hardships have proven themselves to be particularly severe and have the potential of causing medical illness, hospitalization, or even death. When I first found out about the potential ten-year ban, I was devastated. The people in my life were extremely worried about me (See Exhibit 10). Having depression is a major risk factor for suicide; in addition, people with depression suffer from higher mortality from other causes (See Exhibit 11). I sometimes wish I could be dead rather than face the chance of going through my life without my wife, kids or family. I can’t sleep at night nor can’t I eat during the day. I am loosing a lot of weight. I can’t focus at work; my job performance is being affected and my employers had given me written warnings (See Exhibit 12). I have no energy and can’t concentrate. I have experienced more stomach pain and diarrhea. The lonesomeness and the heartache are some days it’s too great to bear. All of these symptoms do not compare to the devastation and isolation I have felt from being separated from my wife and my kids.
If this waiver is denied, I may be at risk for suicide (See Exhibit 13). This terrifies me. If the waiver is denied, I would likely develop chronic depression and yet be unable to afford the medical care I need. Thankfully I have such a loving and supportive family who helps me through each day. My parents, brothers, and in-laws have helped me to be strong, stay hopeful, and keep faith. I pray to God numerous times throughout the day to bring us back together and let our lives be normal again at a healthy stage.
U.S. CHILDREN PSYCHOLOGICAL ISSUES
Being separated my kids from me has caused them a lot of emotional and psychological problems especially to our oldest daughter. We have two children who are U.S. citizens and their names are XXX, age 2 and XXX, age 8 months. We are expecting a new baby towards the end of the month of October of this year (See Exhibit 7). XXX and XXX are currently staying with my wife in XXX. Son., Mexico, a city located at the border with XXX. I have to stay in the U.S. because I have to work to pay our financial obligations and support my family, I have to stay for the sale of our house, and I have to keep coaching and playing soccer. My daughter, XXX, wakes up in the middle of the night crying to go home. Her conversations are only about her toys and the little dog she has in our house in the U.S. During the day, she seems very passive, perpetually sad, and very unsatisfied most of the time. According to the book Caring for Your Baby and Young Children, she suffers child depression (See Exhibit 14). Our daughter is old enough to know who her father is, but she is not old enough to understand why he is gone. On the other hand, XXX hardly knows me. I have share so little moments with him since he was born that he doesn’t recognize me as his dad. Knowing this kills me! When our new baby enters the world, he will not know his father’s tough, voice, and love. I can’t possible describe how this makes me feel. If XXX is not allowed to re-enter the U.S., I will never have the opportunity to bond with our new baby nor will I keep a relation with the other two kids as in any normal family a father will do. My children are growing up without the “father figure” in their life. This could create severe circumstances in the children's emotional, physical, and intellectual well being and also the well being of the family unit (See Exhibit 15). If XXX were not allowed to return to the U.S., XXX and XXX would be deprived of her biological and caring dad. I would miss crucial moments in both the physical and psychological development of my kids, including events that would aid in the formation of a relationship between us. Not having to share in the responsibility of our children torments me every day especially not been there with my wife through the pregnancy process. If XXX were not allowed to return to the U.S., she would be raising our children as a single mother and my kids would suffer tremendously. Like any father, I want my children to have at least all of the choices and possibilities that I had growing up. I also want to be able to provide things that I did not have. XXX and I deeply believe that they will not be able to accomplish this while living in Mexico. XXX and I love each other deeply and want to provide our children with a strong and positive home. We want to give them the best education, the best medical care, the safest surroundings and the love and support of our family. For me, all of this is possible only while living in the U.S.
IMPENDING PREGNANCY & NEED FOR PRENATAL CARE
I want to be a supportive husband to my wife throughout the pregnancy process. I’ve been with my wife through her previous two pregnancies and I had witnessed the birth of our daughter and son. I am terrified thinking I might not be there for the birth of our future baby this time. I also fear that if I am not with my wife, she might experience extreme postpartum depression like she had experienced before. Without my presence, she will not have anyone there to help her through the first weeks after having the baby. It has been documented that not having an adequate support system can result in postpartum depression. Mothers with postpartum depression can unconsciously exhibit fewer positive emotions and more negative emotions toward their children. They are less responsive and less sensitive to infant cues, less emotionally available, have a less successful maternal role attainment, and have infants that are less securely attached; and in more extreme cases, some women may have thoughts of harming their children (See Exhibit 16). If XXX is allowed to re-enter the United States, I am not only confident that she will have excellent prenatal care, she will have access to advanced medical and support facilities that will help her avoid failing into postpartum depression.
On the other hand if I am living in Mexico, my wife would not be able to get the standard of care and that would put her life and the life of our baby at risk. In Mexico the maternal mortality rate is 55 per every 100,000 women (See Exhibit 17). The infant mortality rate is 20.91 babies per every 1,000 live births in Mexico (See Exhibit 18). I do not want to have those odds against my wife and the life of our future child. I’m a United States Citizen and my children deserve to have the advantage of the quality prenatal and health care that the U.S. has to offer.
FINANCIAL HARDSHIP AND LACK OF CAREER OPPORTUNITY
It is so extremely hard to explain the enormous financial impact this separation has caused me. I purchased a new home in April 2007; the payments are $XXX a month (See Exhibit 19). I bought this house for us, as a place to start a new life together, and where we could nurture the loving environment in which to raise our children. I had put this house up for sale because I can’t afford to make the mortgage payments anymore (See Exhibit 20). I do not have any equity in the home at this time. I will be losing money since I am force to sell our home. I worked hard to be able to buy this house so we would not move in the future and live there for the rest of our lives. Having to sell it has been devastating. I also don’t have enough money to make the car payment this month. I had to ask my older brother to loan me money to make the payment the last two months. I was embarrassed because I’ve never had to borrow money from anyone. If I don’t ask someone else to loan me money I’ll be force to return my car. This will be extremely hard for me to transport from and to places, especially to work. With both credit/debt totaled at about $XXX I am unable to maintain the minimum payments (See Exhibit 21). I recently established good credit. Since Amelia departure in October 2007, I am not able to pay my debts on time and this is leading to ruin my credit, sale my house, and return my car, something that I worked so hard to get. I am unable to maintain two households and keep paying every bill every month
If I were to move to Mexico, I would have to leave my job. I have been working for my brother’s pool plastering company for the past three years. I am in charge of the last step of a pool- the acid wash process. I also have experience building a pool from digging a hole to the last step of filling up the pool with water. I am currently making a salary of $XXX (See Exhibit 22). In Arizona, a pool company has a big potential to grow; therefore, its employees have more pools to build and can earn more money. If I were to move to Mexico, I would not be able to keep working on the same field or earn the same salary. There are only a few pool companies in Mexico. Having a pool in your back yard in Mexico is a luxurious cost more than a necessity. Mexico currently has an unemployment rate of 3% which causes 40% of its population to live below the poverty level (See exhibit 23). In Mexico, I’ll be making at least $49.50 pesos a day/ $4.71 dollars a day (minimum wage in Mexico), which will not be enough to make even the minimum monthly payments to fulfill my financial obligations in the U.S (See Exhibit 24). My income as well as my standard of living will drop dramatically in Mexico. Without my current salary to rely upon, not only would we be subjected to the extreme hardship of living in sub-standard conditions, but also we would have nothing to return to the United States except damaged credit and debt.
In September 2007, my wife and I open a small clothing store. We had my youngest brother manage the store and my wife worked at the financial end. I work during the mornings at the pool plastering company with my brothers and in the afternoons I had to do the store’s errands. The business is in my name and all money earned is reported to my name (See Exhibit 25). This way no money will go unreported. We sacrificed a lot to start this business. Without my wife here, it will be useless. Since my wife departure, I had been forced to close the store and all the contracts with our suppliers. I am still keeping the license so when my wife comes back we will re-open it again (See Exhibit 26). If she is not allowed to return to the U.S., everything that we have worked so hard for will be gone and I will not have the promising business to possibly pass on to our children.
If I am force to move to Mexico, I may have to file bankruptcy. However, with XXX in the United States she will be gainfully employed. She has already received several job offers (See Exhibit 27). Our combined income would allow us to quickly pay our debts, continue paying our home and car, and raise our children in a secure and reasonable environment; none of this will be possible if XXX is not here.
CONCERN FOR SAFETY
Mexico, especially cities located at the border with the U.S., have serious problems with drug violence, kidnappings, police corruption and abuse, government corruption, extortion, sexual violence against women and human trafficking (See Exhibit 28). To be specific, current statistics show that Mexico is ranked number two in the world in the number of kidnappings that take place. It is ranked four in the world for assaults and fifth in the world for murders with a firearm (See Exhibit 29). I will definitely face potential life threatening risks to my personal safety if I move to Mexico to be with my wife. In fact, my wife and kids have already experienced a terrible crime incident while living in Mexico.
My wife and kids had been victims of Mexico’s crime. This happened outside the house they are currently staying in XXX. Sonora. My wife and kids came back from the store when my wife got out of the car to open the house’s gate, a man looking like a gang member, approached to my wife and pointed a gun to her head. He asked for the keys of the car and any valuable belongings. My kids were still in the car. XXX started screaming and crying when she saw this man getting closer to my wife with a gun. My wife told him to take our kids out of the car and to take it. At the moment, my father in law came out of the house. When the gang man saw him, he run a few meters away from the house and got into a car and took off. After he left, my wife and daughter could not stop crying. My father in law called the police and a report was taken (See Exhibit 30).
Up to this moment, we have not heard if this man has been caught already or not. The worse point is that my wife was driving a 1990 Honda Accord, not a brand-new or luxurious car. My wife and kids were very close to die. This has been the most horrible experience in my wife’s life and the most traumatic in my daughter’s life so far. To me, it has been so devastating. Being away from my wife and kids and not be able to protect them, has been terrible. I have suffered so deeply for taking my wife and kids to this situation that I feel responsible if anything bad happens to them. I am worry for them because they are in danger of being assaulted again or even killed if they stay any longer in Mexico. During the night, I have nightmares where I can see my daughter crying and asking me to take her home with mommy and her little brother. This has been such as terrible experience that my wife is scared to go outside the house. My wife and kids live in “jail” inside the room they live in. They are afraid this terrible incident will happen again. I could never live with myself or bare the consequences of such an awful incident if it happens while they are staying in Mexico. I am so worry for the life of the new baby coming. Another experience like this will be devastating in the development of the new unborn baby, which could lead to an abortion or birth abnormalities. Mexico is not a safe place for me or for my family to live.
After my wife’s incident, we have realized that crime in Mexico not only targets foreign tourists, it targets the most weak and vulnerable people. Any one driving a car with U.S. plates is at big risk of being assaulted or kidnapped because criminals think any one coming from the U.S. has a lot of money. The Mexican Government reports that under the “Paisano” program, twenty eight cases were reported two years ago by Mexicans coming from the U.S. that traveled through Mexico during the holidays (See Exhibit 31). This number keeps increasing significantly each year. I am terrified knowing that my wife and kids are in danger living in Mexico, even more, that there is a possibility of living in Mexico on a permanent basis.
U.S. CITIZEN´S FAMILY BACKGROUND
My wife and I met during our senior year in high school. We both played for the boy and girl’s soccer teams respectively. We graduated together on May 1999. We had plans to marry right after high school, but we decided to wait so together each of us will pursue their dreams of becoming professionals in our careers. I wanted to play professional soccer and XXX wanted to pursue a degree in business. Soccer is my passion. I’ve been playing amateur and professional soccer since I was five years old. After high school, I played three years for Arizona’s professional soccer team. Meanwhile, XXX finished college and attended XXX University XXX. She got a Bachelor’s Degree in Global Business. On her graduation day in May 2003, I proposed her to marry me. We got legally and religious married a year after. Since then XXX has been my soul mate. She has been my support and the love of my life. She has had such a positive impact on my life and my character; I can honestly say that I would not be the person I am today if it were not for her. I am so happy to be sharing my life with her and to have two beautiful kids. Being separated from her and my kids already over five months has made a terrible impact in my life.
INABILITY TO OBTAIN HEALTHCARE FOR OUR CHILDREN
My wife and I are eager to be good parents and provide a loving home and caring environment in which our children could feel safe. This can only happen if we are together. Our kids are not presently enrolled in school but it is a great concern for me their future education. Likewise, their safety and excellence healthcare becomes a greater concern. Knowing that Mexico has a high crime rate and high rate of kidnappings creates much anxiety for me, especially after the crime incident my wife and kids had experienced. The constant worrying of their well being and fear that they could be kidnapped or killed terrifies me! It scares me to know that I am exposing my children to such an unsafe environment. I will not allow my children’s well being to be violated and therefore could not possibly think to relocate to Mexico on a permanent basis.
The healthcare system in Mexico is not comparable to the standards of healthcare in the United States. Our children currently receive pediatric care by Dr. XXX in XXX. We have established a trusting relationship with Dr. XXX over the years and would be very difficult to replace such a knowledgeable and caring physician. During the emergencies we have had with our children, her assessment skills and treatments have been extraordinary. Dr. XXX is very thorough during my kids’ exams and answers any question and concerns. So far, no pediatrician has been able to replace the qualifications that Dr. XXX demonstrates in the U. S. We have proven this since my wife arrived to Mexico; we have not been able to find a good pediatrician like Dr XXX. My wife just stopped breast-feeding XXX so it was hard for me to take him to his regular checkups with Dr. XXX in XXX. Up today, XXX has not received his regular checkups like any baby will receive the first year because we have not been able to find a good, established pediatrician in Mexico. Immunization shots are very costly with a particular doctor. They average $300.00 dollars per visit. XXX Ximmunization shots are three months behind because we have not been able to pay or registered him in the Seguro Social-the Mexican Medical service (See Exhibit 32). In order for my child to get free immunization shots, I have to be a registered member of the Seguro Social. This is impossible since I don’t have any relatives in Mexico and my wife is not working. Thus being said, it would be impossible to continue excellent health care for our children if they continue living in Mexico.
EDUCATION FOR OUR CHILDREN
We want the best education for our children; therefore, in order for my children to have an education equivalent to the one that they would receive in the United States, I would be forced to send them to private school. This would be impossible if we had to live under the wages I will be earning if we were to live in Mexico on a permanent basis. My children in the U.S. will have more choices and a higher level of education. There are also more opportunities to continue school and get a degree in college since there is so much financial help from the government and other agencies. The school life expectancy total is 11.5 years in Mexico (See Exhibit 33) versus 15.2 years in the United States (See Exhibit 34). Based on these statistics, chances are that my children would have to quit school as teenagers to help our family financially. This is not the life I want for my kids. They are United States Citizens and deserve all the opportunities the U.S. has to offer. I want my kids to speak the language of their native country-English. I also want my kids to graduate from high school and go to college where they can earn a degree and have a world of opportunities available to them.
FAMILY TIES IN THE U.S.
My relationship with my family is like to other. I am the fourth son of five brothers; all born within six years (See Exhibit 35). I love my brothers, sisters in law, nephews, nieces, and parents to death. My parents raised us in a united family with a bond so strong that I suppose distance couldn’t even break. They also taught us the importance of being successful. Like I mentioned before, my two oldest brothers own a pool plastering company, which it is today, a family company. We work together every day to make the company one of the best pool companies of Arizona. I like to work with my brothers because we trust and support each other. Our relationship is very unique and special. In addition of working together, on Sundays we all go to church together and sit in one huge bench. People sitting around can tell we are a family because we look very much alike. I bet, people can even tell whose parents my children, nephews, and nieces are. If XXX were not allowed to return to the United States, I will be forced to move to Mexico. I’ll be separated from my parents and brothers. This will be very harmful to them and to me since we will not see each other or talk every day. We had never been apart more than a couple of months. They have been very supportive throughout my challenges in life and through this immigration process as well. They are the ones that tell me to keep faith and to be strong through this separation. Without my close, loving family or being separated from them, my life will be significantly ruined. Moreover, it will create emotional distress and hardship to me, my wife, and kids.
If I move to Mexico with my wife and kids, my kids will be raised away from my parents. I do not want our kids to grow up without the wisdom and love that my mom and dad will give. On the other hand, my parent’s health issues are presently stable, but as we all know as you age your health may decline. I would like to be a support person for them if their health were to decline.
Likewise if I move to Mexico, I would not be able to afford plane tickets. It would be impossible for me to travel back and forth between the U.S. and Mexico to see my family. Our finances if living in Mexico would not allow it. I’ll be forced to move to Guadalajara, Mexico, where my family is originated. Plane tickets average $500 to $700 per person to visit my family in Phoenix, AZ (See Exhibit 36). Phone calls would be too expensive to make very often. A $50 pesos card, which is about $5 dollars, gives you an average of 10 minutes. If I am forced to move to Mexico, I will never be united with my family the same way I am today.
COMMUNITY TIES IN THE U.S.
I am currently coaching a youth soccer team for a local club named XXX. All of the kids in the team are nine years old (See Exhibit 37). I’ve been coaching this team for the past three years: as a result, the kids know me well and I know and love them very much. The relationship I have with the kids is so strong and faithful that the kids do not feel comfortable with any other coach but me. They get sad and very worry when I don’t make it to practice or to a game (See Exhibit 38). Moreover, their parents get worry for their kid’s progress and enthusiasm to play (See Exhibit 39). The kids feel confident and play better when I am there with them. I understand their feelings and their eagerness to play because I’ve been in their shoes before. Like I mentioned before, I’ve been playing soccer since I was five years old. For me, soccer is more than a passion. I want to make out of these kids better soccer players and some day- better professionals. I look forward every day to teach these kids the best that I know and all my knowledge in the playing field. I am so confident that if I leave the team, they will feel so sad that their soccer level can decline. This might lead the kids to decide to leave the club and not play the sport anymore. Consequently, they might fall into gangs, drugs, or even drop off out of school. If I move to Mexico, the life of all these kids depends on me so they can take the right direction in their life. Having their minds occupied in a sport, will help them don’t fall into anything that will influence their habits or life negatively. Therefore, my presence in the U.S. is so needed as well as I need my wife and kids by my side.
CONCLUSION
I feel deeply compelled each day to be reunited with my wife and kids to share our lives together as we once did and as we have every right to do. However, doing so in Mexico would greatly endanger my safety and the safety of our kids, cause significant psychological stress, strain my relationship with my family, completely deplete our finances and end our dreams of keeping our family together. These factors would make it impossible for me to move to Mexico without severe and unusual hardship. At the same time, my profound attachment to XXX and my belief in the sanctity of marriage prevents my remaining in the U.S. without her.
I cannot make the decision to leave one behind to go with the other. I depend on XXX very much. I would truly be lost without her. She is an exceptional woman. She is very dedicated to our family and very intelligent. It would be impossible for me to live in Mexico. My life and the life of my kids are in jeopardy. This is terrifying. Therefore it is imperative that XXX is allowed to return to the United States with me as soon as possible.
I ask you sincerely to take into consideration all these hardships and unbearable decisions that I face while separated from my wife and kids. I need to have my wife here with me in the United States. I love this country and am proud to be an American citizen. Please allow XXX to come home to me with our kids so that we may once again live together as a loving, united family. Please give us the opportunity to keep living the American Dream – keep our home, keep our business together, keep raising our children - in the safety and security of the great United States of America that so many Americans take for granted every day.
Respectfully,
USC