MiSantito
04-29-2008, 04:25 PM
Here is my final (hopefully) draft of my HSL for our appt. on June 23rd. I would appreciate any suggestions/comments/corrections. The letter is
10 1/2 pages long. The spacing and format looks a whole lot better on my original copy. I am at work and didn't have time to fix it in my post on here. Thanks in advance!!!!
MiSantito
************************************************** *******************
Re: JSTA
Case number: CDJ********
United States Consulate General
Av. Lopez Mateos 924 Nte.
Ciudad Juarez, Mexico
To Whom It May Concern:
I, DJM, a US citizen by birth and the petitioner on behalf of my fiancé, Mr. JSTA, will suffer extreme and unusual hardships if I am forced to relocate to Mexico to maintain the unity of our relationship or if I remain in the US alone without my fiancé. I will be subjected to professional, financial, emotional and extreme medical hardships. With this in mind, I ask you to please approve the
I-601 waiver of inadmissibility for my fiancé. I met XXXXXX two and one-half years ago; we dated six months before we decided to move in together as a couple. XXXXXX and I have shared responsibilities since September 2006. Now we are sure that we are made for each other. This past December we decided to commit our lives to each other and live as husband and wife. We need to make the final steps of legalizing his status before we take our next step of marriage. If he were denied to come back it would cause an extreme hardship on the following aspects:
I. PERSONAL HEALTH CONDITIONS:
I experience several serious health problems that will definitely worsen if I were forced to move to Mexico to reside with XXXXXX. For many years I have been treated for hypertension (hospitalized at one time due to it being elevated for several days and having heart palpitations), high triglycerides, depression, sleep apnea, asthma/allergies and herniated disk in my neck and lower back. I am on numerous medications for these medical conditions (Exhibit #__ – Letter from Physician). At this time I have been turned down from obtaining long-term disability insurance through my employer due to my poor health conditions (Exhibit #__ – Letter from LTD Co.). If forced to move to Mexico to be with my fiancé, I would not receive the proper medical care due to the lack of well-equipped hospitals and it would be very difficult to obtain medical insurance. I would not be able to afford health insurance to continue necessary treatment.
A. Herniated Disks
I have two herniated disk in my lower back (L-4/L-5 and L-5/S-1) and one herniated disk in my neck (C-6/C-7). “When a disk herniates, a tear or weakness in the annulus allows the jelly-like nucleus to push out into the spinal canal. If it puts pressure on the nerve, the herniated disk can cause pain, numbness or weakness in the back, legs or arms, depending on where the disk is located.” (Exhibit #__ – Mayoclinic.com – Herniated Disk). The disks are at a location in my back and neck that highly affects the nerves running down my arms and legs causing me to suffer from nerve root damage. I suffer excruciating pain and at times and am in bed for several days barely able to walk or even sit. (Exhibit #__ - Medical Records)
I depend almost 100% on my fiancé to make it through a day. My fiancé and I share the same home as a couple; therefore, he supports me by completing most household chores - simple tasks that it would be almost impossible for me to achieve. A typical day is as follows: In the morning he makes the bed, picks up the dirty clothes, straightens up the house, and makes us breakfast. He accompanies me to the grocery store to assist me. He carries the groceries to the truck and on into the house. He assists me with putting things where they belong. This keeps me from straining my back by lifting, twisting, stooping, and bending. In the afternoon, after we eat, Santos cleans the table and takes all dirty dishes to the kitchen. To keep me from climbing steps, he takes all garbage outside. Most days he has to cook dinner due to my back hurting so bad after work that I cannot stand long enough to cook. He does this to keep my condition from worsening and requiring a dangerous surgery with the risk of never walking again (Exhibit #__ - Letter from Neighbor).
I have been told not only from my medical doctor but also from my neurologist, the only cure for this is to have major back and neck surgery. When I have the surgery, I will be off work and not able to strain my back in anyway. XXXXXX has proven to me that he is the best person to assist me during a painful recovery. His love and dedication gives me the will to get out of bed. If forced to stay in Mexico, I will not have anyone that is capable of assisting me with household and personal needs. I do not have any capable family members readily available for assistance within 500 miles of our home.
B. Weight Loss Surgery
In December 2004, I underwent Lap-Band weight loss surgery and am required to have frequent follow-up visits to my surgeon and support groups (Exhibit #___ - Medical Records). The Lap-Band is a small, inflatable band that is placed around the upper stomach to create a small gastric pouch that limits food consumption and creates an earlier feeling of fullness that helps severely obese people resolve serious health problems, such as hypertension, and diabetes. Even though the band helps some health problems, it can also cause others. The Lap-Band is a device that has to be closely monitored by doctors who are certified in this procedure. The American Journal of Surgery reports close patient follow-up with frequent band adjustments is necessary for the band to be successful in the treatment of morbid obesity (Exhibit #__ - US experience with Lap-Band System). If I do not continue my follow up visits, there are many problems I will develop. Long-term complications of the band include “gastric prolapse, stomal obstruction, esophageal and gastric pouch dilation, gastric erosion and necrosis, and access port problems (Exhibit #__ - Surgery for Obesity and Related Diseases). After the placement of the LapBand, I have experienced difficulties eating. Many times my food “hangs up” in the opening between the small pouch and my regular stomach, which is called the stoma. I experience severe discomfort in my chest and need assistance getting to the bathroom to try to vomit to dislodge the food. If I cannot get the food loose by vomiting, I have to receive immediate medical attention, with the possibility of minor surgery to remove the food from the stoma. I am not able to eat until the food is dislodged and experience severe pain in my upper stomach. Being in a location where I cannot receive this medical care or being left alone while eating, I could possible die. The Summary of Safety and Effectiveness Data on the Lap-Band Adjustable Gastric Banding System report that stoma obstruction is one of the most causes of Lap-Band re-operation (Exhibit #__). I have also had to have my adjustment port replaced due to a leak coming in the tubing going from the Lap-Band to the port itself. This caused me to undergo another operation (Exhibit #__ - Doctor Records).
Eighty-nine percent of patients experience at least one of the following side effects: nausea and vomiting (51%), heartburn (34%), abdominal pain (27%), and band slippage or pouch enlargement (24%). Twenty-five percent even have to have their Lap-Band Systems removed due to adverse side affects (Exhibit #__ - FDA Article on Severe Obesity).
If forced to move to Mexico to be with XXXXXX, I would not be able to afford the follow-up visits that I need or have access to the specialists I need to be successful with my weight loss surgery (Exhibit #__ - FDA Adverse Event Report). Research performed by the Surgery for Obesity and Related Diseases report that there are over 2.5 million deaths annually attributed to obesity and that there is a direct relationship between BMI (body mass index) and relative risk of dying prematurely (Exhibit #__ - 2004 ASBS Consensus Conference). My risks from family history in combination with my current medical conditions indicate that if I do not continue to receive the care of a weight loss surgeon to monitor my Lap-Band, I will be part of the above.
C. Asthma and Allergies
Asthma is a condition where the inside walls of your airways is inflamed which causes your airways to become very sensitive and react easily to things you are allergic to or finds irritating. These reactions cause the airways to become narrower and less air flows to your lung tissue causing wheezing, chest tightness, coughing, and trouble breathing (Exhibit #__ - NHLBI – What is Asthma?).
Being diagnosed with bronchial asthma at the young age of two weeks old has caused me to be very restrictive in the activities I can perform. I cannot perform outside activities, especially in the summer, due to pollen and high temperatures and humidity levels. I am required to stay inside while running an air conditioner. I also cannot use any type of cleaners that have strong odors, such as, Clorox, bathroom cleaners, stove cleaners, etc. A pulmonary function test at the age of 32 years old showed that I had the lungs of a 52 year old. At this time, I am on daily medication, Singulair, for my asthma and am prescribed a rescue inhaler (Exhibit #__ - Doctor Records).
XXXXXX completes all the household chores that require cleaners with strong odors, such as, cleaning the bathroom, cleaning the stove, etc. and all outside chores, such as, cutting the grass and trimming the yard. I am not able to complete these tasks, and without his assistance, I do not know what I would do.
If forced to move to Mexico to be with XXXXXX, I would not be able to receive the needed treatment and medication that my asthmatic condition requires. It would also worsen due to the high temperatures and poor air quality (Exhibit #___).
D. Polycystic Ovary Syndrome and Risk for Diabetes
I was diagnosed with Polycystic Ovaries Syndrome (PCOS) in 2000 and continue to receive medical treatment (Exhibit #__ - Letter from Gynecologist). PCOS is a condition that causes disruption in the monthly reproductive cycle. The name comes from the large and studded cysts that cover the ovaries. It puts you at an increased risk for diabetes, high blood pressure, increased triglycerides, decreased HDL or good cholesterol, cardiovascular disease, abnormal uterine bleeding, and endometrial cancer (Exhibit #__ - MayoClinic.com – Polycystic Ovary Syndrome).
At this time, I suffer from hypertension, increased triglycerides, abnormal uterine bleeding, and elevated blood sugar levels. Due to the increased risk of developing diabetes in combination to my family history of diabetes (mother, father, sister, brother, aunts and uncles), I am required to attend routine doctor appointments to monitor my glucose levels. My blood work has come back with elevated glucose levels and I have recently had to undergo a Glucose Tolerance Test (Exhibit #__ - Lab Results). With the family history and the PCOS, I am now in the pre-diabetic stage where the bodies ability to use insulin is impaired and can result in high blood sugar levels and diabetes. I am currently on Glucophage (1000mg daily) to control this disease. If I do not continue to take the medication and continue my follow up visits, I will become diabetic. With limited income and no health insurance, I would not be able to receive the medical care and medication (Exhibit #__ - MayoClinic.com – Polycystic Ovary Syndrome).
Both sides of my family also have a history of cancer. My mother and maternal grandmother both suffered from uterine cancer and underwent many treatments of radiation. I have been diagnosed with endometrial hyperplasia, which is defined by the National Cancer Institute as an increase in the number of cells in the lining of the uterus that can turn into uterine cancer if not treated (Exhibit #__ - NCI – Understanding Cancer). In April 2008, my mother was diagnosed with recurrent uterine cancer. At this time she is undergoing further treatment (Exhibit #___). The hyperplasia and PCOS is a great danger when I become pregnant, especially at my age. MayoClinic.com reports that fertility medications are often required for women who have PCOS. During pregnancy, they are at an increased risk for gestational diabetes and pregnancy-induced high blood pressure (Exhibit #__). I would require doctor’s who specialize in high-risk pregnancies. Gynecologic care in Mexico is often administered through local health clinics rather than specialized facilities. Furthermore, access to quality care of any kind in Mexico is limited, especially for the uninsured. CNN.com reports that most women in Mexico have their children at home and never have pre-natal or post-natal care. They also report “every six hours a woman in Mexico dies in labor from other complications related to pregnancy” (Exhibit #__ - CNN.com – Poor Access to health care endangers pregnant Mexican women). Here in the United States, I have access to high-risk pregnancy specialist and hospitals within 10 minutes, which could be a difference between life and death.
E. Hypertension and Elevated Lipid Levels
I was diagnosed with hypertension in March 2001 and with high lipid levels in July 2003. I was hospitalized for three days in 2001 due to dangerously high blood pressure and chest pain. At one time, my blood pressure was 180/120, which put me at high risk for a heart attack or stroke. From this time on, I have been on numerous medications for hypertension and elevated lipid levels. The combination of these two and my family history puts me at great risk for heart disease. (Exhibit #__ - Medical Records). To keep my risk of coronary heart disease as low as possible, I am required to attend routine visits to my physician to monitor my hypertension and lipid levels. At this time, I am prescribed two different medications for my hypertension. I am required to follow a low fat, low salt diet to help improve my health. I had gained control over my hypertension until the past few months due to the stress that I am undergoing during this immigration process. I am in constant worry that my fiancé will not be approved and I will be alone without the assistance he gives me (Exhibit #__ - Medical Records).
At this time I have great medical insurance that covers all doctor visits, blood work, and medications. In Mexico, I would not have the financial resources to purchase the medication, much less pay for the medical treatment necessary to control a disease as severe as heart disease.
F. Depression/Separation Anxiety
Since the loss of my husband in March 2004(See Exhibit #__ – Death Certificate), I have suffered severe depression and anxiety. Since my fiancé and I have shared the same household for the past two years and have decided to get married, I constantly have nightmares of looking for my fiancé and not being able to find him. My medications have been tripled in strength and I have also medication help me sleep and to control the nightmares (Exhibit #__ – Medical Records/Letter from Physician).
In Mexico I would not be able to obtain the medical assistance or medication I need for my depression/separation anxiety. According to the Pan American Health Organization, no more than 25% of those with mental illnesses received adequate treatment in Mexico (Exhibit #___ - US Dept. of State). Due to my inability to speak fluent Spanish, there would be a major miscommunication between the doctor and me; therefore I would receive some type of medication that would harm me rather than help me. An article in the American Journal of Psychiatry those with mental illness in Mexico face enormous challenges (Exhibit #__ - Article from American Journal of Psychiatry).
II. PRIMARY CAREGIVER OF LEGALLY BLIND MOTHER
At this time, I am caregiver of my 64-year-old mother who has been legally blind for almost 20 years. She is not only legally blind, but has the following conditions: diabetes (insulin dependent), hypertension, congestive heart failure, kidney failure that is ready to require dialysis, and heart disease which has required her to have open heart surgery (five bypasses) and recurring uterine cancer. In April 2008, she was diagnosed with uterine cancer for the second time which required a total hysterectomy and additional treatment (Exhibit #___ - Medical Record). Since her doctor has recommended that she not be left alone for extended periods of time, my fiancé and I are required to assist her in the following ways (Exhibit #___ - Letter from Mother’s Physician):
a. I am the designated power of attorney for health care for my mother, meaning if any major medical decisions need to be made in regard to her health when she cannot make them on her own, it is my role. It is therefore imperative that I am physically close by and available to assist in her medical care and decisions. If XXXXXX is not permitted to come to the United States and if I am forced to relocate to Mexico, I will not be available to stay involved in the ongoing decisions regarding my mother and particularly in her medical care (Exhibit #__).
b. My name is added to her checking account so I can write checks to pay her bills, pay for groceries, etc. (Exhibit #___ - Copy of Bank Card).
c. My name is on her bank safety deposit box that contains all her important papers and valuables. Other than her, I am the only person who can access this box. Since she is not able to go to the bank, I have to access the safety deposit box when she needs something from it. If I were in Mexico, no one else would be able to access the safety deposit box. (Exhibit #___ - Copy of Contract).
d. Because she is legally blind and therefore unable to drive, I am responsible for driving her to any and all necessary locations including her doctor appointments, the pharmacy to fill her prescriptions, the bank, the grocery store, etc. (Exhibit #___ - Letter from Family Friend)
e. I make sure her medications are refilled each month and that her doctor appointments are scheduled. I keep in close contact with her pharmacist and doctor’s to make sure she is getting the medicines she needs and to take care of what her insurance does not cover. If I were in Mexico, I could not even call the pharmacy or doctor due to the cost of phone calls from there to the United States.
f. XXXXXX and I help her with daily chores, such as cleaning, repairing household items, cutting grass, and hygiene needs.
My siblings are unable to assist with caring for my mother because of their own ongoing health issues. My older sister is disabled from emphysema, ruptured discs, and severe anxiety/depression (Exhibit #___ - Disability Award). My brother is a disabled, recovering drug addict who lives 10 hours away. My sister is a single mother, is unemployed and has a learning disability. I am the only one who can supply the support she needs. Without my fiancé and me helping her, she will have to move to an assisted living home or nursing home to be able to receive the assistance she requires. Her health insurance would pay for part of the cost of the nursing home while it would take all her monthly income and more for her to stay there. If forced to move to Mexico, I would not be able to help her with the cost due to not being able to practice my profession and my fiancé only making enough money to keep us food and shelter (Exhibit #__ - Letter from Mother). There is no way I would be able to afford the air fare or bus fare to travel from Mexico to Kentucky in the United States to give her the assistance I supply at this time. According to Mexicana Airlines, it would cost an average of $900.00 for airfare, but if it is an emergency they consider it priority and the ticket would cost up to $1,500.00 (Exhibit #__ – Mexicana Rates). Greyhound.com rates show that it would cost approximately $360.00 without taxes to travel from Mexico to Kentucky (Exhibit #___ - Greyhound Ticket Center).
Driving directions from the Internet indicate it is roughly a 3,000 mile round trip from Rayon, San Luis Potosi, Mexico, to Kentucky to visit and/or assist my mother (Exhibit #__ – Google Maps). I would never be able to drive or ride the bus that far due to my herniated disks in my back and neck. Sitting or driving for an extended period of time causes me excruciating pain and I have been restricted from this by my physician (Exhibit #__ - Letter from Physician).
With the close ties I share with my family, this would put me in extreme hardship. We share every holiday together at my mother’s home, including birthdays, anniversaries, etc. My mother and I have a very close relationship. I call my mother everyday whether it is for a few minutes or to talk for hours. With phone rates being so high from Mexico to the United States, I would only be able to call her once a month if that often. TelCel.com reports that calls made from Mexico to the United States on their pre-paid cellular calling system are around $1.40 a minute (Exhibit #__ – TelCel.com). My not being able to call on a regular basis would cause my conditions to worsen due to worrying if she is ok and if she is getting the assistance she needs.
III. EMPLOYMENT/EDUCATION FACTORS
A. Inability to Obtain Employment in Mexico
For the past 14 years I have been a special education teacher and earn $55,138.00 per year. I teach students with learning and behavior disorders. I have a Master’s degree in Special Education and a Rank I (30 graduate hours beyond a master’s) in teaching students with moderate and severe disabilities (Exhibit #__ – College Degrees/Diplomas). I take great pride in my job, but since starting the immigration process, my performance has declined dramatically. (Exhibit #__ - Letter from Co-Workers). In Mexico I am definitely unemployable. My teaching certification is not valid in Mexico. It is valid only in the state of Georgia (Exhibit #__ - Teaching Certificate). Also, my inability to speak fluent Spanish and not being to read or write any Spanish would hinder my chances of employment in the education system. Many schools require their teachers to be single or married with no children (Exhibit #__), pass a medical exam (which I would not be able to do), and to obtain a Mexican Work Visa for which you need a sponsor or job offer to obtain (Exhibit #__).
Yu v. Marshall, 312 F. Supp. 229 (S.D. Tex. 1970), found that the lack of ability to practice a profession amounts to extreme or “exceptional hardship.” Perhaps the most applicable instance of precedent, this case again underscores the degree of “extreme hardship” I will face if not allowed to continue to pursue my profession as a special education teacher in the United States (Exhibit #__).
B. Inability to Maintain my Teaching Certification
In the state of Georgia, I am required to take three graduate college courses or take 10 Professional Learning Units (PLU’s) within a five-year period to be able to keep my certification (Exhibit #__ – Special Georgia Requirements). Graduate courses range from $500-$600 per class, according to which college you attend (Exhibit #__ – UGA Tuition Schedule). The PLU’s can range from $40 up to $300 each. The school does not pay for these classes/PLU’s; therefore, it is my responsibility to pay so I can keep my teacher certification. If I am forced to move to Mexico, there would be no way that I would be able to take these classes forcing me to forfeit my teacher certification wasting many years of college and hard work. If forced to serve the 10-year ban, when we returned to the United States, I would no longer have certification and be unable to resume my teaching career.
In addition, a study by Wharton University shows that Mexico’s unemployment rate has grown by almost 1% in the last five years and the better-educated professionals have the highest unemployment rate (Exhibit #__ – Recursos Humanos).
C. Unavailability and Loss of Benefits:
I have great benefits from my job, which include, health insurance that takes care of all my medical needs, contributions to the teacher retirement system and the paying in of social security which would allow me to have a stable income after my retirement, and life insurance.
1.) Retirement Benefits
With being able to transfer my 12 years of teaching from Kentucky to the Georgia Retirement System, I only have approximately 15 more years before I can retire. But the problem exists where I am required to have ten years in the Georgia school system to be “vested” and to be able to receive monthly retirement payments. Me moving to Mexico before my ten years would cause me to lose everything I have invested in my educational career. (Exhibit #__ – TRS Annual Membership Statement).
2.) Health Insurance & Life Insurance
I have great health insurance that pays for all doctor’s visits, medications, major test, etc. that only costs me $28.98 per month (Exhibit #__ - Check Stub w/Deductions and Exhibit #__ - Description/Summary of Medical Claims). I take many medications for hypertension, depression, pain, Polycystic Ovaries Syndrome, daily vitamin, and also visit the doctor on a regular basis. Even with XXXXXX working in Mexico, I would not be able to afford doctor visits and medications. In addition, the FDA has issued warnings regarding the quality of prescription drugs in foreign countries, particularly Mexico, and has advised Americans not to take drugs that are not FDA-approved (Exhibit #__ - FDA “Imported Drugs Raise Safety Concerns” and “Think Twice Before Buying Prescription Drugs in Mexico”).
NationMaster.com indicates that the United States spends $4,271.00 per person on healthcare while Mexico spends only $236.00 (Exhibit #__ - Healthcare Spending per Person). A study addressing Mexico’s healthcare system indicates that half of the population are uninsured and pay for what healthcare they receive out-of-pocket due to only the higher socioeconomic status who receive excellent healthcare and the lower socioeconomic status receive very little (Exhibit #___ - Addressing Inequity…Mexico).
I have life insurance in excess of $100,000 including accidental death insurance (Exhibit #__ – Flexible Benefits Conformation Sheet).
3. Social Security Benefits
In the state of Georgia, unlike other states, the board of education pays in social security to assist in making our retirement more comfortable. This is in addition to our regular retirement benefits (Exhibit #___).
D. Desire to Continue Education
At this time I owe over $1,500 in student loan payments to the United States Department of Education (Exhibit #__ – Student Loan Bill). If I moved to Mexico, I would not be able to make the payments on the loan and would go into default. This would cause me to never be able to get an educational loan again. At this time I am planning to take more graduate classes to be able to expand my degree and develop my career options. I wish to obtain an Educational Specialist degree in Special Education. This would result in almost $7,000 per year in pay raise at my current job (Exhibit #__ – Hall Co BOE Pay Schedule). Due to my inability to speak Spanish fluently and not being able to read or write Spanish at all, my chances of obtaining a higher degree in Mexico is zero. In an article by the Planning and Evaluation Service, most students in Mexico prefer to further their education outside of Mexico (Exhibit #__ - Education around the World – www.ed.gov)
V. FINANCIAL CONSIDERATIONS
At this time, I have a truck payment of $428.90 per month. If I were forced to move to Mexico, I would not be able to afford to pay for this truck, which would cause me to go into default on my loan. Due to laws governing vehicles staying in Mexico, I would not be able to take my only vehicle due to it being a newer model (2005). When I purchased the truck, I paid $30,880.80 for it. (Exhibit #___ - Installment Contract). When researching if I would be able to sell the truck and obtain enough money to pay the remaining balance of the loan, I found that I would still owe from $4,000.00 to $9,000.00 on the loan which would have to go into default and destroy my rebuilt credit (Exhibit #__ - AutoTrader.com). XXXXXX and I support my parents financially since my mother is on a fixed income through disabled social security (Exhibit #___) and my father is disabled due to coronary artery disease and rheumatoid arthritis (See Exhibit#___). Santos and I recently gave my father $300.00 to repair his truck. To keep from having his truck repossessed, we paid the remaining balance on the loan (Exhibit #___ - Receipt/Check and Exhibit #__ - Letter from Father). My mother’s air conditioners stopped working in 100 degree weather so we purchased a small air conditioner for her bedroom and gave her $150.00 to have the larger one for the living room/kitchen repaired (Exhibit #__ - Cancelled Check). We give my father $400.00 per month to assist him with utilities, doctor bills, medication, and food (Exhibit #__ - Father’s Disability Award).
If living in Mexico, I would never be able to help my parents with any type of finances like my fiancé and I do at this time. We would barely have enough money to purchase food and obtain housing for ourselves. Moving to Mexico would also destroy my credit that I have just rebuilt after the death of my husband, which left me with thousands of dollars in medical bills and credit card payments. This would destroy our dream of ever purchasing a home together and starting our own family.
VI. PERSONAL CONSIDERATIONS
I fear for my safety and my life if I were forced to reside in Mexico with my fiancé. Research shows that Americans are not accepted very easily in Mexico. Crimes reported included a significant amount of sexual assaults against women, taxi robberies, armed robberies, pick pocketing, and purse snatching. They also advise US Citizens not to use ATM cards and machines in Mexico. Kidnappings of non-Mexicans are also on the rise (Exhibit #__ – Mexico – Consular Information Sheet and Exhibit #__ - Nationmaster.com – Crime in Mexico).
The Country Reports on Human Rights Practices report that “societal violence against women [is] a serious problem” and there are a lot of criminal violence, including killings, against women (Exhibit #__ - US Dept. of State: Mexico). An article entitled “Mexican Violence Spreading,” dated February 17, 2005; report many Americans fail to return home with 31 Americans reported as kidnapped just across the Mexican border (Exhibit #__ - www.amw.com/features/).
To secure my safety and my life, we would be required to live within a short distance from his family. I have never visited Mexico and he does not have any other family in Mexico other than those in Rayon, San Luis Potosi. Not being fluent in Spanish would also cause me to need his family to assist me to go to the grocery store, pay bills, go to the post office, and other day-to-day activities. With the dangers that Americans who are not fluent Spanish speakers encounter in Mexico, it is imperative I have someone familiar with the area accompanying me at all times.
Taken from the decision of Cervantes-Gonzalez, 22 I&N Dec. 560 (BIA 1999),
“The factors deemed relevant in determining extreme hardship to a qualifying relative include, but are not limited to, the following: the presence of lawful permanent resident or United States citizen family ties to this country; the qualifying relative’s family ties outside the United States; the conditions in the country or countries to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to such countries; the financial impact of departure from this country; and, finally, significant conditions of health, particularly when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate.” I feel Santos is eligible for a waiver under these grounds. I exhibit hardships in all areas mentioned in this case and have included evidence to support my claims.
XXXXXX came to the United States with no intentions of hurting anyone. He deeply regrets breaking the law and has respected the laws to the best of his ability during his stay. He has fulfilled my life, lifted my spirits, and made me a much happier person since we have been together. After the death of my late husband and being a widow at age 33, life seemed very dull and pointless. XXXXXX has made me feel loved and worthwhile again. He is an outstanding person who does not smoke, drink, take drugs, and works everyday. He is the love of my life and I cannot picture my life without him. Once again, I humble ask you to approve this I-601 waiver of admissibility for my fiancé. XXXXXX’ presence in the United States would alleviate not only my hardships but those of my aging parents.
Respectfully,
DJM
10 1/2 pages long. The spacing and format looks a whole lot better on my original copy. I am at work and didn't have time to fix it in my post on here. Thanks in advance!!!!
MiSantito
************************************************** *******************
Re: JSTA
Case number: CDJ********
United States Consulate General
Av. Lopez Mateos 924 Nte.
Ciudad Juarez, Mexico
To Whom It May Concern:
I, DJM, a US citizen by birth and the petitioner on behalf of my fiancé, Mr. JSTA, will suffer extreme and unusual hardships if I am forced to relocate to Mexico to maintain the unity of our relationship or if I remain in the US alone without my fiancé. I will be subjected to professional, financial, emotional and extreme medical hardships. With this in mind, I ask you to please approve the
I-601 waiver of inadmissibility for my fiancé. I met XXXXXX two and one-half years ago; we dated six months before we decided to move in together as a couple. XXXXXX and I have shared responsibilities since September 2006. Now we are sure that we are made for each other. This past December we decided to commit our lives to each other and live as husband and wife. We need to make the final steps of legalizing his status before we take our next step of marriage. If he were denied to come back it would cause an extreme hardship on the following aspects:
I. PERSONAL HEALTH CONDITIONS:
I experience several serious health problems that will definitely worsen if I were forced to move to Mexico to reside with XXXXXX. For many years I have been treated for hypertension (hospitalized at one time due to it being elevated for several days and having heart palpitations), high triglycerides, depression, sleep apnea, asthma/allergies and herniated disk in my neck and lower back. I am on numerous medications for these medical conditions (Exhibit #__ – Letter from Physician). At this time I have been turned down from obtaining long-term disability insurance through my employer due to my poor health conditions (Exhibit #__ – Letter from LTD Co.). If forced to move to Mexico to be with my fiancé, I would not receive the proper medical care due to the lack of well-equipped hospitals and it would be very difficult to obtain medical insurance. I would not be able to afford health insurance to continue necessary treatment.
A. Herniated Disks
I have two herniated disk in my lower back (L-4/L-5 and L-5/S-1) and one herniated disk in my neck (C-6/C-7). “When a disk herniates, a tear or weakness in the annulus allows the jelly-like nucleus to push out into the spinal canal. If it puts pressure on the nerve, the herniated disk can cause pain, numbness or weakness in the back, legs or arms, depending on where the disk is located.” (Exhibit #__ – Mayoclinic.com – Herniated Disk). The disks are at a location in my back and neck that highly affects the nerves running down my arms and legs causing me to suffer from nerve root damage. I suffer excruciating pain and at times and am in bed for several days barely able to walk or even sit. (Exhibit #__ - Medical Records)
I depend almost 100% on my fiancé to make it through a day. My fiancé and I share the same home as a couple; therefore, he supports me by completing most household chores - simple tasks that it would be almost impossible for me to achieve. A typical day is as follows: In the morning he makes the bed, picks up the dirty clothes, straightens up the house, and makes us breakfast. He accompanies me to the grocery store to assist me. He carries the groceries to the truck and on into the house. He assists me with putting things where they belong. This keeps me from straining my back by lifting, twisting, stooping, and bending. In the afternoon, after we eat, Santos cleans the table and takes all dirty dishes to the kitchen. To keep me from climbing steps, he takes all garbage outside. Most days he has to cook dinner due to my back hurting so bad after work that I cannot stand long enough to cook. He does this to keep my condition from worsening and requiring a dangerous surgery with the risk of never walking again (Exhibit #__ - Letter from Neighbor).
I have been told not only from my medical doctor but also from my neurologist, the only cure for this is to have major back and neck surgery. When I have the surgery, I will be off work and not able to strain my back in anyway. XXXXXX has proven to me that he is the best person to assist me during a painful recovery. His love and dedication gives me the will to get out of bed. If forced to stay in Mexico, I will not have anyone that is capable of assisting me with household and personal needs. I do not have any capable family members readily available for assistance within 500 miles of our home.
B. Weight Loss Surgery
In December 2004, I underwent Lap-Band weight loss surgery and am required to have frequent follow-up visits to my surgeon and support groups (Exhibit #___ - Medical Records). The Lap-Band is a small, inflatable band that is placed around the upper stomach to create a small gastric pouch that limits food consumption and creates an earlier feeling of fullness that helps severely obese people resolve serious health problems, such as hypertension, and diabetes. Even though the band helps some health problems, it can also cause others. The Lap-Band is a device that has to be closely monitored by doctors who are certified in this procedure. The American Journal of Surgery reports close patient follow-up with frequent band adjustments is necessary for the band to be successful in the treatment of morbid obesity (Exhibit #__ - US experience with Lap-Band System). If I do not continue my follow up visits, there are many problems I will develop. Long-term complications of the band include “gastric prolapse, stomal obstruction, esophageal and gastric pouch dilation, gastric erosion and necrosis, and access port problems (Exhibit #__ - Surgery for Obesity and Related Diseases). After the placement of the LapBand, I have experienced difficulties eating. Many times my food “hangs up” in the opening between the small pouch and my regular stomach, which is called the stoma. I experience severe discomfort in my chest and need assistance getting to the bathroom to try to vomit to dislodge the food. If I cannot get the food loose by vomiting, I have to receive immediate medical attention, with the possibility of minor surgery to remove the food from the stoma. I am not able to eat until the food is dislodged and experience severe pain in my upper stomach. Being in a location where I cannot receive this medical care or being left alone while eating, I could possible die. The Summary of Safety and Effectiveness Data on the Lap-Band Adjustable Gastric Banding System report that stoma obstruction is one of the most causes of Lap-Band re-operation (Exhibit #__). I have also had to have my adjustment port replaced due to a leak coming in the tubing going from the Lap-Band to the port itself. This caused me to undergo another operation (Exhibit #__ - Doctor Records).
Eighty-nine percent of patients experience at least one of the following side effects: nausea and vomiting (51%), heartburn (34%), abdominal pain (27%), and band slippage or pouch enlargement (24%). Twenty-five percent even have to have their Lap-Band Systems removed due to adverse side affects (Exhibit #__ - FDA Article on Severe Obesity).
If forced to move to Mexico to be with XXXXXX, I would not be able to afford the follow-up visits that I need or have access to the specialists I need to be successful with my weight loss surgery (Exhibit #__ - FDA Adverse Event Report). Research performed by the Surgery for Obesity and Related Diseases report that there are over 2.5 million deaths annually attributed to obesity and that there is a direct relationship between BMI (body mass index) and relative risk of dying prematurely (Exhibit #__ - 2004 ASBS Consensus Conference). My risks from family history in combination with my current medical conditions indicate that if I do not continue to receive the care of a weight loss surgeon to monitor my Lap-Band, I will be part of the above.
C. Asthma and Allergies
Asthma is a condition where the inside walls of your airways is inflamed which causes your airways to become very sensitive and react easily to things you are allergic to or finds irritating. These reactions cause the airways to become narrower and less air flows to your lung tissue causing wheezing, chest tightness, coughing, and trouble breathing (Exhibit #__ - NHLBI – What is Asthma?).
Being diagnosed with bronchial asthma at the young age of two weeks old has caused me to be very restrictive in the activities I can perform. I cannot perform outside activities, especially in the summer, due to pollen and high temperatures and humidity levels. I am required to stay inside while running an air conditioner. I also cannot use any type of cleaners that have strong odors, such as, Clorox, bathroom cleaners, stove cleaners, etc. A pulmonary function test at the age of 32 years old showed that I had the lungs of a 52 year old. At this time, I am on daily medication, Singulair, for my asthma and am prescribed a rescue inhaler (Exhibit #__ - Doctor Records).
XXXXXX completes all the household chores that require cleaners with strong odors, such as, cleaning the bathroom, cleaning the stove, etc. and all outside chores, such as, cutting the grass and trimming the yard. I am not able to complete these tasks, and without his assistance, I do not know what I would do.
If forced to move to Mexico to be with XXXXXX, I would not be able to receive the needed treatment and medication that my asthmatic condition requires. It would also worsen due to the high temperatures and poor air quality (Exhibit #___).
D. Polycystic Ovary Syndrome and Risk for Diabetes
I was diagnosed with Polycystic Ovaries Syndrome (PCOS) in 2000 and continue to receive medical treatment (Exhibit #__ - Letter from Gynecologist). PCOS is a condition that causes disruption in the monthly reproductive cycle. The name comes from the large and studded cysts that cover the ovaries. It puts you at an increased risk for diabetes, high blood pressure, increased triglycerides, decreased HDL or good cholesterol, cardiovascular disease, abnormal uterine bleeding, and endometrial cancer (Exhibit #__ - MayoClinic.com – Polycystic Ovary Syndrome).
At this time, I suffer from hypertension, increased triglycerides, abnormal uterine bleeding, and elevated blood sugar levels. Due to the increased risk of developing diabetes in combination to my family history of diabetes (mother, father, sister, brother, aunts and uncles), I am required to attend routine doctor appointments to monitor my glucose levels. My blood work has come back with elevated glucose levels and I have recently had to undergo a Glucose Tolerance Test (Exhibit #__ - Lab Results). With the family history and the PCOS, I am now in the pre-diabetic stage where the bodies ability to use insulin is impaired and can result in high blood sugar levels and diabetes. I am currently on Glucophage (1000mg daily) to control this disease. If I do not continue to take the medication and continue my follow up visits, I will become diabetic. With limited income and no health insurance, I would not be able to receive the medical care and medication (Exhibit #__ - MayoClinic.com – Polycystic Ovary Syndrome).
Both sides of my family also have a history of cancer. My mother and maternal grandmother both suffered from uterine cancer and underwent many treatments of radiation. I have been diagnosed with endometrial hyperplasia, which is defined by the National Cancer Institute as an increase in the number of cells in the lining of the uterus that can turn into uterine cancer if not treated (Exhibit #__ - NCI – Understanding Cancer). In April 2008, my mother was diagnosed with recurrent uterine cancer. At this time she is undergoing further treatment (Exhibit #___). The hyperplasia and PCOS is a great danger when I become pregnant, especially at my age. MayoClinic.com reports that fertility medications are often required for women who have PCOS. During pregnancy, they are at an increased risk for gestational diabetes and pregnancy-induced high blood pressure (Exhibit #__). I would require doctor’s who specialize in high-risk pregnancies. Gynecologic care in Mexico is often administered through local health clinics rather than specialized facilities. Furthermore, access to quality care of any kind in Mexico is limited, especially for the uninsured. CNN.com reports that most women in Mexico have their children at home and never have pre-natal or post-natal care. They also report “every six hours a woman in Mexico dies in labor from other complications related to pregnancy” (Exhibit #__ - CNN.com – Poor Access to health care endangers pregnant Mexican women). Here in the United States, I have access to high-risk pregnancy specialist and hospitals within 10 minutes, which could be a difference between life and death.
E. Hypertension and Elevated Lipid Levels
I was diagnosed with hypertension in March 2001 and with high lipid levels in July 2003. I was hospitalized for three days in 2001 due to dangerously high blood pressure and chest pain. At one time, my blood pressure was 180/120, which put me at high risk for a heart attack or stroke. From this time on, I have been on numerous medications for hypertension and elevated lipid levels. The combination of these two and my family history puts me at great risk for heart disease. (Exhibit #__ - Medical Records). To keep my risk of coronary heart disease as low as possible, I am required to attend routine visits to my physician to monitor my hypertension and lipid levels. At this time, I am prescribed two different medications for my hypertension. I am required to follow a low fat, low salt diet to help improve my health. I had gained control over my hypertension until the past few months due to the stress that I am undergoing during this immigration process. I am in constant worry that my fiancé will not be approved and I will be alone without the assistance he gives me (Exhibit #__ - Medical Records).
At this time I have great medical insurance that covers all doctor visits, blood work, and medications. In Mexico, I would not have the financial resources to purchase the medication, much less pay for the medical treatment necessary to control a disease as severe as heart disease.
F. Depression/Separation Anxiety
Since the loss of my husband in March 2004(See Exhibit #__ – Death Certificate), I have suffered severe depression and anxiety. Since my fiancé and I have shared the same household for the past two years and have decided to get married, I constantly have nightmares of looking for my fiancé and not being able to find him. My medications have been tripled in strength and I have also medication help me sleep and to control the nightmares (Exhibit #__ – Medical Records/Letter from Physician).
In Mexico I would not be able to obtain the medical assistance or medication I need for my depression/separation anxiety. According to the Pan American Health Organization, no more than 25% of those with mental illnesses received adequate treatment in Mexico (Exhibit #___ - US Dept. of State). Due to my inability to speak fluent Spanish, there would be a major miscommunication between the doctor and me; therefore I would receive some type of medication that would harm me rather than help me. An article in the American Journal of Psychiatry those with mental illness in Mexico face enormous challenges (Exhibit #__ - Article from American Journal of Psychiatry).
II. PRIMARY CAREGIVER OF LEGALLY BLIND MOTHER
At this time, I am caregiver of my 64-year-old mother who has been legally blind for almost 20 years. She is not only legally blind, but has the following conditions: diabetes (insulin dependent), hypertension, congestive heart failure, kidney failure that is ready to require dialysis, and heart disease which has required her to have open heart surgery (five bypasses) and recurring uterine cancer. In April 2008, she was diagnosed with uterine cancer for the second time which required a total hysterectomy and additional treatment (Exhibit #___ - Medical Record). Since her doctor has recommended that she not be left alone for extended periods of time, my fiancé and I are required to assist her in the following ways (Exhibit #___ - Letter from Mother’s Physician):
a. I am the designated power of attorney for health care for my mother, meaning if any major medical decisions need to be made in regard to her health when she cannot make them on her own, it is my role. It is therefore imperative that I am physically close by and available to assist in her medical care and decisions. If XXXXXX is not permitted to come to the United States and if I am forced to relocate to Mexico, I will not be available to stay involved in the ongoing decisions regarding my mother and particularly in her medical care (Exhibit #__).
b. My name is added to her checking account so I can write checks to pay her bills, pay for groceries, etc. (Exhibit #___ - Copy of Bank Card).
c. My name is on her bank safety deposit box that contains all her important papers and valuables. Other than her, I am the only person who can access this box. Since she is not able to go to the bank, I have to access the safety deposit box when she needs something from it. If I were in Mexico, no one else would be able to access the safety deposit box. (Exhibit #___ - Copy of Contract).
d. Because she is legally blind and therefore unable to drive, I am responsible for driving her to any and all necessary locations including her doctor appointments, the pharmacy to fill her prescriptions, the bank, the grocery store, etc. (Exhibit #___ - Letter from Family Friend)
e. I make sure her medications are refilled each month and that her doctor appointments are scheduled. I keep in close contact with her pharmacist and doctor’s to make sure she is getting the medicines she needs and to take care of what her insurance does not cover. If I were in Mexico, I could not even call the pharmacy or doctor due to the cost of phone calls from there to the United States.
f. XXXXXX and I help her with daily chores, such as cleaning, repairing household items, cutting grass, and hygiene needs.
My siblings are unable to assist with caring for my mother because of their own ongoing health issues. My older sister is disabled from emphysema, ruptured discs, and severe anxiety/depression (Exhibit #___ - Disability Award). My brother is a disabled, recovering drug addict who lives 10 hours away. My sister is a single mother, is unemployed and has a learning disability. I am the only one who can supply the support she needs. Without my fiancé and me helping her, she will have to move to an assisted living home or nursing home to be able to receive the assistance she requires. Her health insurance would pay for part of the cost of the nursing home while it would take all her monthly income and more for her to stay there. If forced to move to Mexico, I would not be able to help her with the cost due to not being able to practice my profession and my fiancé only making enough money to keep us food and shelter (Exhibit #__ - Letter from Mother). There is no way I would be able to afford the air fare or bus fare to travel from Mexico to Kentucky in the United States to give her the assistance I supply at this time. According to Mexicana Airlines, it would cost an average of $900.00 for airfare, but if it is an emergency they consider it priority and the ticket would cost up to $1,500.00 (Exhibit #__ – Mexicana Rates). Greyhound.com rates show that it would cost approximately $360.00 without taxes to travel from Mexico to Kentucky (Exhibit #___ - Greyhound Ticket Center).
Driving directions from the Internet indicate it is roughly a 3,000 mile round trip from Rayon, San Luis Potosi, Mexico, to Kentucky to visit and/or assist my mother (Exhibit #__ – Google Maps). I would never be able to drive or ride the bus that far due to my herniated disks in my back and neck. Sitting or driving for an extended period of time causes me excruciating pain and I have been restricted from this by my physician (Exhibit #__ - Letter from Physician).
With the close ties I share with my family, this would put me in extreme hardship. We share every holiday together at my mother’s home, including birthdays, anniversaries, etc. My mother and I have a very close relationship. I call my mother everyday whether it is for a few minutes or to talk for hours. With phone rates being so high from Mexico to the United States, I would only be able to call her once a month if that often. TelCel.com reports that calls made from Mexico to the United States on their pre-paid cellular calling system are around $1.40 a minute (Exhibit #__ – TelCel.com). My not being able to call on a regular basis would cause my conditions to worsen due to worrying if she is ok and if she is getting the assistance she needs.
III. EMPLOYMENT/EDUCATION FACTORS
A. Inability to Obtain Employment in Mexico
For the past 14 years I have been a special education teacher and earn $55,138.00 per year. I teach students with learning and behavior disorders. I have a Master’s degree in Special Education and a Rank I (30 graduate hours beyond a master’s) in teaching students with moderate and severe disabilities (Exhibit #__ – College Degrees/Diplomas). I take great pride in my job, but since starting the immigration process, my performance has declined dramatically. (Exhibit #__ - Letter from Co-Workers). In Mexico I am definitely unemployable. My teaching certification is not valid in Mexico. It is valid only in the state of Georgia (Exhibit #__ - Teaching Certificate). Also, my inability to speak fluent Spanish and not being to read or write any Spanish would hinder my chances of employment in the education system. Many schools require their teachers to be single or married with no children (Exhibit #__), pass a medical exam (which I would not be able to do), and to obtain a Mexican Work Visa for which you need a sponsor or job offer to obtain (Exhibit #__).
Yu v. Marshall, 312 F. Supp. 229 (S.D. Tex. 1970), found that the lack of ability to practice a profession amounts to extreme or “exceptional hardship.” Perhaps the most applicable instance of precedent, this case again underscores the degree of “extreme hardship” I will face if not allowed to continue to pursue my profession as a special education teacher in the United States (Exhibit #__).
B. Inability to Maintain my Teaching Certification
In the state of Georgia, I am required to take three graduate college courses or take 10 Professional Learning Units (PLU’s) within a five-year period to be able to keep my certification (Exhibit #__ – Special Georgia Requirements). Graduate courses range from $500-$600 per class, according to which college you attend (Exhibit #__ – UGA Tuition Schedule). The PLU’s can range from $40 up to $300 each. The school does not pay for these classes/PLU’s; therefore, it is my responsibility to pay so I can keep my teacher certification. If I am forced to move to Mexico, there would be no way that I would be able to take these classes forcing me to forfeit my teacher certification wasting many years of college and hard work. If forced to serve the 10-year ban, when we returned to the United States, I would no longer have certification and be unable to resume my teaching career.
In addition, a study by Wharton University shows that Mexico’s unemployment rate has grown by almost 1% in the last five years and the better-educated professionals have the highest unemployment rate (Exhibit #__ – Recursos Humanos).
C. Unavailability and Loss of Benefits:
I have great benefits from my job, which include, health insurance that takes care of all my medical needs, contributions to the teacher retirement system and the paying in of social security which would allow me to have a stable income after my retirement, and life insurance.
1.) Retirement Benefits
With being able to transfer my 12 years of teaching from Kentucky to the Georgia Retirement System, I only have approximately 15 more years before I can retire. But the problem exists where I am required to have ten years in the Georgia school system to be “vested” and to be able to receive monthly retirement payments. Me moving to Mexico before my ten years would cause me to lose everything I have invested in my educational career. (Exhibit #__ – TRS Annual Membership Statement).
2.) Health Insurance & Life Insurance
I have great health insurance that pays for all doctor’s visits, medications, major test, etc. that only costs me $28.98 per month (Exhibit #__ - Check Stub w/Deductions and Exhibit #__ - Description/Summary of Medical Claims). I take many medications for hypertension, depression, pain, Polycystic Ovaries Syndrome, daily vitamin, and also visit the doctor on a regular basis. Even with XXXXXX working in Mexico, I would not be able to afford doctor visits and medications. In addition, the FDA has issued warnings regarding the quality of prescription drugs in foreign countries, particularly Mexico, and has advised Americans not to take drugs that are not FDA-approved (Exhibit #__ - FDA “Imported Drugs Raise Safety Concerns” and “Think Twice Before Buying Prescription Drugs in Mexico”).
NationMaster.com indicates that the United States spends $4,271.00 per person on healthcare while Mexico spends only $236.00 (Exhibit #__ - Healthcare Spending per Person). A study addressing Mexico’s healthcare system indicates that half of the population are uninsured and pay for what healthcare they receive out-of-pocket due to only the higher socioeconomic status who receive excellent healthcare and the lower socioeconomic status receive very little (Exhibit #___ - Addressing Inequity…Mexico).
I have life insurance in excess of $100,000 including accidental death insurance (Exhibit #__ – Flexible Benefits Conformation Sheet).
3. Social Security Benefits
In the state of Georgia, unlike other states, the board of education pays in social security to assist in making our retirement more comfortable. This is in addition to our regular retirement benefits (Exhibit #___).
D. Desire to Continue Education
At this time I owe over $1,500 in student loan payments to the United States Department of Education (Exhibit #__ – Student Loan Bill). If I moved to Mexico, I would not be able to make the payments on the loan and would go into default. This would cause me to never be able to get an educational loan again. At this time I am planning to take more graduate classes to be able to expand my degree and develop my career options. I wish to obtain an Educational Specialist degree in Special Education. This would result in almost $7,000 per year in pay raise at my current job (Exhibit #__ – Hall Co BOE Pay Schedule). Due to my inability to speak Spanish fluently and not being able to read or write Spanish at all, my chances of obtaining a higher degree in Mexico is zero. In an article by the Planning and Evaluation Service, most students in Mexico prefer to further their education outside of Mexico (Exhibit #__ - Education around the World – www.ed.gov)
V. FINANCIAL CONSIDERATIONS
At this time, I have a truck payment of $428.90 per month. If I were forced to move to Mexico, I would not be able to afford to pay for this truck, which would cause me to go into default on my loan. Due to laws governing vehicles staying in Mexico, I would not be able to take my only vehicle due to it being a newer model (2005). When I purchased the truck, I paid $30,880.80 for it. (Exhibit #___ - Installment Contract). When researching if I would be able to sell the truck and obtain enough money to pay the remaining balance of the loan, I found that I would still owe from $4,000.00 to $9,000.00 on the loan which would have to go into default and destroy my rebuilt credit (Exhibit #__ - AutoTrader.com). XXXXXX and I support my parents financially since my mother is on a fixed income through disabled social security (Exhibit #___) and my father is disabled due to coronary artery disease and rheumatoid arthritis (See Exhibit#___). Santos and I recently gave my father $300.00 to repair his truck. To keep from having his truck repossessed, we paid the remaining balance on the loan (Exhibit #___ - Receipt/Check and Exhibit #__ - Letter from Father). My mother’s air conditioners stopped working in 100 degree weather so we purchased a small air conditioner for her bedroom and gave her $150.00 to have the larger one for the living room/kitchen repaired (Exhibit #__ - Cancelled Check). We give my father $400.00 per month to assist him with utilities, doctor bills, medication, and food (Exhibit #__ - Father’s Disability Award).
If living in Mexico, I would never be able to help my parents with any type of finances like my fiancé and I do at this time. We would barely have enough money to purchase food and obtain housing for ourselves. Moving to Mexico would also destroy my credit that I have just rebuilt after the death of my husband, which left me with thousands of dollars in medical bills and credit card payments. This would destroy our dream of ever purchasing a home together and starting our own family.
VI. PERSONAL CONSIDERATIONS
I fear for my safety and my life if I were forced to reside in Mexico with my fiancé. Research shows that Americans are not accepted very easily in Mexico. Crimes reported included a significant amount of sexual assaults against women, taxi robberies, armed robberies, pick pocketing, and purse snatching. They also advise US Citizens not to use ATM cards and machines in Mexico. Kidnappings of non-Mexicans are also on the rise (Exhibit #__ – Mexico – Consular Information Sheet and Exhibit #__ - Nationmaster.com – Crime in Mexico).
The Country Reports on Human Rights Practices report that “societal violence against women [is] a serious problem” and there are a lot of criminal violence, including killings, against women (Exhibit #__ - US Dept. of State: Mexico). An article entitled “Mexican Violence Spreading,” dated February 17, 2005; report many Americans fail to return home with 31 Americans reported as kidnapped just across the Mexican border (Exhibit #__ - www.amw.com/features/).
To secure my safety and my life, we would be required to live within a short distance from his family. I have never visited Mexico and he does not have any other family in Mexico other than those in Rayon, San Luis Potosi. Not being fluent in Spanish would also cause me to need his family to assist me to go to the grocery store, pay bills, go to the post office, and other day-to-day activities. With the dangers that Americans who are not fluent Spanish speakers encounter in Mexico, it is imperative I have someone familiar with the area accompanying me at all times.
Taken from the decision of Cervantes-Gonzalez, 22 I&N Dec. 560 (BIA 1999),
“The factors deemed relevant in determining extreme hardship to a qualifying relative include, but are not limited to, the following: the presence of lawful permanent resident or United States citizen family ties to this country; the qualifying relative’s family ties outside the United States; the conditions in the country or countries to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to such countries; the financial impact of departure from this country; and, finally, significant conditions of health, particularly when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate.” I feel Santos is eligible for a waiver under these grounds. I exhibit hardships in all areas mentioned in this case and have included evidence to support my claims.
XXXXXX came to the United States with no intentions of hurting anyone. He deeply regrets breaking the law and has respected the laws to the best of his ability during his stay. He has fulfilled my life, lifted my spirits, and made me a much happier person since we have been together. After the death of my late husband and being a widow at age 33, life seemed very dull and pointless. XXXXXX has made me feel loved and worthwhile again. He is an outstanding person who does not smoke, drink, take drugs, and works everyday. He is the love of my life and I cannot picture my life without him. Once again, I humble ask you to approve this I-601 waiver of admissibility for my fiancé. XXXXXX’ presence in the United States would alleviate not only my hardships but those of my aging parents.
Respectfully,
DJM