MBLA
05-08-2008, 03:24 AM
PERSONAL CONSIDERATIONS
I was very fortunate to grow up in a two parent home. In addition, I learned that family is the most important part of our lives. Family unification is so important for children to grow up with because it emotionally and mentally affects a child’s welfare. We as a family share a deep bond and dedication to one another. HUSBAND and I both completely rely on one another for guidance in raising our children and mutually respect one another with our parenting skills. We both have worked very hard to be able to provide a stable environment for our son. It would be very hard to raise our son and future children if our family were to be separated for a great length of time. When we decided to submit the I-130, I tried to started planning for all the “what if” and I began depressed and stressed. I continue to stress about where everybody would live. I believe that is important to keep our family together. However, I doubt that this be possible.
Stay in the US
If we are denied and I am not able to find a job in Mexico, I would be forced to stay in the US to support our family. This brings on a very difficult decision to separate our family and an even more difficult decision is with whom SON would stay. To this day, this still has not been decided. Financially, it would make more scenes to send SON to stay with HUSBAND in Mexico. I can make more money by staying here in USA and in addition, I could work more hours to bring in more income. In addition, I would not have to pay 4400 a month in preschool. However, I know if SON and I are separated, this will cause me severe depression. SON is 3 years old, and since the day he was born, I have never spent more than 12 hours away from my son. He has not even spent a weekend away at his grandparents’ house, because I could not stand to be separated from him.
One of the reasons why I wanted to marry HUSBAND was because I knew he would be a good father. I wanted to have a son to grow up to be just like him. My heart aches at the thought of SON being separated from his father. There is so much in life that I cannot give SON. So much that only his father can give him. There is such a special bond between father and son. If his father is required to be separated from him, I fear the psychological hardship it will cause him, especially at such a crucial age of his life. Suddenly taking a father away from a young child can cause serious issues with the child. If SON was to stay here in the US with me, we all would suffer. HUSBAND would suffer because he cannot be with his father. I would suffer because when my family suffers, I suffer along with them. SON is at an age where it is incapable for him to understand this situation. I do not want SON to feel as if his father purposely abandoned him. Numerous studies prove the hardships or suffering family encounter by being separated. The Institute for the Study of Civil Society published a report titled “Experiments in Living: The Fatherless Family”. In this report, it states the affect of a fatherless family. Below are just a few: (Exhibit).
Are more likely to:
• Live in poverty and deprivation
• Have more trouble in school
• Tend to have more trouble getting along with others
• Have higher risk of health problems
• Are at greater risk of suffering physical, emotional, or sexual abuse.
• Run away from home
• Experience problems with sexual health
• Become teenage parents
• Smoke
• Drink alcohol
• Take drugs
• Play truant from school
• Leave school at 16
Moved to Mexico
My parents have been married for 36 years. My parents had two children, my brother Alan and myself. Therefore, I am my mother’s only daughter. I live three hours from my parents; however, we are still a very close nit family. We spend every holiday together and special occasions. Many times, I have thought, it would be nice to move to another state; however, quickly decided against it because I did not want to be any further away from my parents. My parents and I visit each other at least every three weeks and talk on the phone daily. The separation will be very hard and stressful for not only my parents and SON but also me. SON is their only grandchild. My mother and father are very close to him. If we have gone more than three weeks from visiting, my mom will tell me that she is getting lonesome (Exhibit).
As you saw under financial hardships, there already are financial strains. If we moved to Mexico, there would not be enough income to buy airfare to come home to visit. At around USD$550 a plain ticket, then times two for both SON and I, USD$1,100, it is too expensive to fly home to visit my family (Exhibit). The airfare alone for the two of us would be almost 100% of my income. We would not have a car to be able to drive it. Even if we did, it would be around 48-hour car drive from Tres Valles or El Puerto, Veracruz to Clifton, Kansas. That drive is very difficult alone, but impossible with a 3 year old. I have never driven in Mexico and would not feel comfortable doing it without my husband. Therefore, it would not be feasible to return to visit my family. I would become very depressed and homesick.
Last of all, HUSBAND’s cousin, Jenniffer, relies on us a great deal to watch her son during the weekend. She is a single mother to 5-year-old Ian. Jenniffer works most weekends she has to work very late, most times until 2 am. It is very difficult for her to find someone to watch him such late hours. Therefore, the weekends she works late, we take care of him. HUSBAND is Ian’s godfather and he made a vowel to God that he would care for Ian as if he was is son. Ian has been almost like a son to us since the day he was born. He calls us Tio (uncle) and Tia (aunt) and called SON his brother. If we are denied, and we had to move to Mexico, we would not be able to care for him as Jenniffer relies on us to do. Lastly, it would be very difficult for us to spend time away from him. We would miss him dearly (Exhibit).
HEALTH
Here in the United States, I am not only confident that I will have the expert care I will need access to advanced medical facilities, but I also have excellent insurance through my employer which will cover my medical and dental expenses (Exhibit). If I have to move to Mexico, I would have to quit my job and most importantly lose my medical insurance. Although our overall health is good, some issues need to be closely watched. In addition, if these issues got any worse, I would not be able to afford medical treatment in Mexico.
Petitioner Medical Health
Obesity
Since I was 10 years old, I have struggled with my weight and have been considered overweight. I am 31-year-old female, 5 foot 4 inches tall. Based on ages 25-59 with the lowest mortality rate, ideal weight for my age and height is 134 to 151 pounds for a large frame (Exhibit). When I began dieting 6 months ago, I weight 285 pounds. That classifies me as being morbidly obese. I have lost a total of 15 pounds, but has stopped losing weight due to the stress that I have been dealing with the last 6 months. I would loose 10lbs and gain 5lbs. When I am stressed, I tend to over eat. I know it is very important for me to lose weight. Obesity can cause cardiovascular problems, diabetes, respiratory problems, sleep apnea, Musculoskeletal problems, gastroesophageal reflux disease, and female hormone abnormalities just to name a few (Exhibit). In addition, HUSBAND and I want to have more children, and I know that being obese, there is a higher chance of having complications as we saw when I was pregnant with SON. Due to my classification of morbidly obese, the difficulty that have faced with loosing weight, and the health problems that I could face, my doctor has suggested that I undergo the Lap Band Surgery. (Exhibit)
Acid Reflux
A recent trip to the dentist, Dr. Casteneda discovered signs of acid reflux on my teeth. He suggest that I talked to my primary care physician for medications to stop the reflux. “Gastroesophageal reflux disease, is a condition in which the liquid content of the stomach regurgitates into the esophagus. The liquid can inflame and damage the lining of the esophagus. The regurgitated liquid usually contains acid and pepsin that are produced by the stomach. Acid is believed to be the most injurious component of the refluxed liquid. Pepsin and bile also may injure the esophagus, but their role in the production of esophageal inflammation and damage is not as clear as the role of acid. (Exhibit) Dr. Fisher prescribed Omniprozal to take daily. Omniprozal is a proton pump inhibitors (PPI) A PPI blocks the secretion of acid into the stomach by the acid-secreting cells. The advantage of a PPI over an H2 antagonist is that the PPI shuts off acid production more completely and for a longer period of time. Not only is the PPI good for treating the symptom of heartburn, but it also is good for protecting the esophagus from acid so that esophageal inflammation can heal. (Exhibit)
High Blood Pressure
High blood pressure runs in my family. My father, mother and only brother, suffer from high blood pressure. All three have to take medication for high blood pressure. I have been lucky that I have not been diagnosed with high blood pressure yet. However, there have been several times that my blood pressure was on the borderline of being high (Exhibit). “According to recent estimates, nearly one in three U.S. adults has high blood pressure, but because there are no symptoms, nearly one-third of these people don't know they have it. In fact, many people have high blood pressure for years without knowing it. Uncontrolled high blood pressure can lead to stroke, heart attack, heart failure or kidney failure. This is why high blood pressure is often called the "silent killer.” The only way to tell if you have high blood pressure is to have your blood pressure checked” (Exhibit). At my last doctor’s visit, my blood pressure was elevated. Therefore, it is important that continue to monitor my blood pressure.
Allergies
During my last doctor's visit, Dr. Fisher diagnosed me with allergies due to chronic sinus infections and headaches. She prescribed Flonaise to be taken daily.
Human Papilloma Virus
About 6 years ago, I had an abnormal Pap tests, I tested positive for high risk human papilloma virus (HPV) (Exhibit). According to the National Cancer Institute, (HPV) is not one, but a “group of more than 100 viruses” (Exhibit). It says, “HPV infection is the primary risk factor for cervical cancer.” There is no cure for HPV. Therefore, it is extremely important that a gynecology physician carefully monitor my condition and that I have a Pap test done yearly to check for abnormalities in the cervix. .According to the National Cancer Institute (NCI), “a Pap test and pelvic exam are important parts of a woman’s routine health care because they can detect abnormalities that may lead to invasive cancer of the cervix” (Exhibit). It is recommended that women begin having Pap tests when becoming sexually active or no later than age 21. It is also advised to have a Pap test once a year throughout a woman’s life.
In addition, a few years back, I was having problems with stomach pains. At the time, the doctors believe that it was my gallbladder. After several tests, they diagnosed me with stomach ulcers. However, one of the tests that they did was a sonogram. The sonogram found that I have enlarged ovaries. Therefore, the doctor prescribed (name of birth control medicine) to help regulate my ovaries. (Exhibit).
Since I was around the age of 10, I had a vision problem. My vision was bad enough, that I needed glass or contacts to be able to see. I was never able to wear glasses because they caused headaches. Therefore, since I was 11 or 12, I always wore contacts. Four or five years ago, I began having several eyes infections due to the contacts. Therefore, I decided to have laser eye correction surgery. Now I can se 20/15 without use of contacts or eyeglasses. The surgery that I had is guaranteed for life as long as I have yearly check-ups (Exhibit). If I had to move to Mexico, I would not be able to continue the check ups and in the future, if I were to have any vision problems, the guarantee would not cover me and I would have to pay for any work that needed done.
Petitioner Emotional Health
About a month after submitting the paperwork, I began to fell depressed and overwhelmed. I began stressing about the money that we needed for the interview and the upkeep on our home. Stressing about how our lives were in the hands of a total stranger and that there was nothing I could do to change that. I was stressed about writing this letter trying to convince you to approve us. What could I possible write that would be strong enough to convince you. At the same time, I was dealing with my son’s health issues, developmental issues, and our financial issues. I was working my full time job. In addition I took on an overload, teach job at work. In addition to working around 55 hours a week, I was taking six credit hours of courses. All of this began weighing down on me and I felt like I was losing control. I began feeling depressed and overwhelmed. I spent almost 2 days in bed because I was not able to get out of bed. During the last 6 months, I missed more work than I had ever done before. Often, I found myself to begin to break out in tears at any moment (Exhibit). Therefore, I sought help from a counselor. On campus, at work, there is a women’s center that has counselors. (Need to add more here, just waiting on counseling plan from counselor)
SON’s Health
When I was pregnant with SON, I had many complications. Towards the end of my pregnancy, I developed high blood pressure and low iron. I had to begin taking medications to control these medical conditions. Due to these medical conditions, SON was born three weeks early and only weight 4lbs 15ozs. Since his birth, he has always been underweight. He usually falls between second and fourth percentile of weight. At 2 ½, he weight 23 pounds which is more normal for a 1 year old. His pediatrician has done test twice to see if there is a medical condition for his low weight, but all test come back normal. I have to bring SON into his pediatrician every 3 to 6 months to do a weight check with him so they can monitor his weight gain (Exhibit).
FINANCIAL
Moving to Mexico
The following are the financial hardships that I would face if my family was forced to move to Mexico:
As stated above, HUSBAND and I have been married for 5 years. We have incurred debt that we are trying to pay off.
The hardest financial hardship that I would face is dealing with the debt of our home. If I moved to Mexico, I would have to either sell our home or find renters. In April 2007, I put our home up for sale (Exhibit F.1). Our home already has been on the market for almost a year. The county appraisal value for the home in 2007 was $104,000. In 2008, the value for the house dropped to $97,500, which is almost $3,000 less than we bought it for. If I were able to find a buyer for the house, before we could sell, we would have to put on a new roof, new siding and a new deck. The estimated costs of these improvements is ???? (Exhibit F.1) Improvements already made on the home during the last year was a new water heater, $500 and a new furnace, $3,500. The total cost of improvements in the last 2 years is $??7,000??. The payoff amount on the home is $94,000. If I sold it I would lose an estimated ???? .
If I could not sell the home, we would have to find renters. However, if I am out of the country, I will not be able to manage the property. We do not have anybody that would be able to mage the property or could not afford to pay someone to do it. The rental price for home in our area is between USD$750 and USD$850 a month (Exhibit F.2). Our mortgage payment is USD$795 a month (Exhibit F.3). In addition, if I wanted to rent the property, I would have to apply for a different home loan. The current loan that I have on the home is a FHA loan. Under the FHA loan, must only be used as our primary residence. Our current loan is at 6% (Exhibit). If I refinanced, our interest would be higher, in turn higher mortgage payments.
In addition to the home loan, below is a list of all borrowed money in USD:
Total Amount
(Exhibit)
If I moved to Mexico, I would have to sell the car. However, I would still be liable for all other monthly payments. That is a total monthly payment of USD$255. In addition, I would have to quit school, which would put my student loans back into payment of $221 a month. It will be immposible to handle the payments while living in Mexico with an average monthly salary of ?????.
Employment in Mexico
Our income will drop dramatically if we are forced to live in Mexico. Mexico has an unemployment rate of 3.6% and an underemployment rate of 25%, which causes 40% of its population to live below the poverty level (Exhibit). HUSBAND will be unlikely to find a job that can adequately support us in Mexico; he was unable to graduate from high school due to the extreme poverty of his family. The wage Alien could earn in his hometown of Tres Valles is approximately $XXX (Exhibit). Below would be our monthly and income expenses if we were living in Mexico.
Currently, the minimum daily salary for Mexico for the area of Veracruz is only MXN$50.57, equivalent to USD$4.64 per day. While in the U.S. the minimum wage rate is USD$6.50 per hour, corresponding to USD$52 on an 8-hour day (Exhibit). Even if both my husband and I were able to get jobs, we would not be able to pay our debt in the US and monthly living expenses. This salary difference is remarkably unreasonable, and we would not be able to survive under these pay conditions.
If I were forced to move to Mexico and quit my job, I would lose my retirement plan at work. Currently, I have worked at Donnelly for 6 years. After 3 years of employment with Donnelly, you are vested in the plan at 20%. Each year, the percent vested increases. After 7 years of employment, you are 100% vested. This plan is fully funded by the employer, employees does not contribute a cent. If I were forced to leave my job at 6 years, I would only be 80 percent vested in the plan. Losing 20% does not sound like that big of a loss. Factoring in a 3% raise each year, the difference of between 6 years employment ($100.49) and 7 years employment ($224.06) is $123.57 less a month of free money that I would lose for my retirement. In addition, if I stay here until my retirement at age 65, which is my goal, I would receive an estimated $2413.50 dollars a month for the rest of my life (Exhibit).
In addition, I would lose my medical, dental and life insurance. Our out of pocket medical expenses last year were ???? and insurance part was ???? a total of ???? that I would have to pay for if I were to lose my insurance.
Stayed in the US
As stated above, the hardest decision would be to decide whom SON would stay with. If he stayed here in the US with me, I will become a single parent. This will cause an extreme hardship for SON and me. I will have to survive on just my income after being accustomed to a two-person income for the past five years. Below is the list of bills that I would be responsible for.
There is a negative balance of $275 each month. That does not include food, gas, and home and car maintenance.
If SON stayed in Mexico with his father, the only expense that I would not incur would be day care. However, HUSBAND would not be able to work because he would have to care for SON. Therefore, I would have to send ???? USD a month to Mexico to pay for their expenses. I would have to work two full times jobs to be able to survive.
I do not have the option to go live with any relatives to help me with bills. My parents live in very small town in Kansas with only 500 people. There are no jobs there. I would have to commute over 60 miles just to work in a decent job with decent pay.
In any situation that I can think of, I do not see any way possible to make ends meet. I know that I would have no other choice to declare bankruptcy. Over the past 3 years, I have worked an extra part time job just to be able to pay the bills. The reason that I have to work the extra job is that HUSBAND is not able. He works a very exhausting job and is paid little. I work the extra part time jobs because I can earn a better salary. Therefore, it makes more scenes for me to work extra. However, I have missed some very valuable time with my son. In addition, I have become very stressed and mentally and physical excused.
Education
Petitioner Education
As someone that works in the education field, I know the importance of being educated. I have a Masters of Business in Administration (Exhibit). I was the first person in my family to graduate with a bachelor’s and master’s degree. Since I work at a university, I can take courses for free and continue to take advantage of that benefit. I take computer classes to improve my computer skills and other courses to broaden my skills (Exhibit). If I moved to Mexico, I would have to quit my job and would loose this benefit. In addition, I just started researching schools and scholarships to begin working on a PHD. I would like to begin my studies in the Spring 09. If HUSBAND is denied, I will not have the option to start this dream.
SON’s education.
At SON’s 2-year check up, I voiced some concerns with his pediatrician about his development. He referred us to the local children’s hospital developmental specialists. They did an evaluation over the phone and referred us to the Johnson County Infant and Toddlers Services. They send out two therapists to evaluate SON. To qualify for services, the child must have at least 25% delay in speech and cognitive and behavioral development. (Exhibits) After 6 months, SON graduated from the program. HUSBAND and I are to monitor his progress with out the therapy. If we feel he does not continue to improve, then we can request therapy to begin again. Although, he is not in the program, HUSBAND and I have to work a lot with him a lot so he does not fall behind. In March 2008, SON began attending preschool so he can continue and be prepared for kindergarten. In just 3 months, he development has improved dramatically. I am worried that if SON has to move to Mexico and has to stop his attending his school, that the change in language will delay him even more. English is his stronger language. He understands Spanish, but does not speak it. Since this is a critical learning time for him, I am worried how the change will affect him.
Conclusion
After a year of trying to plan for the “what’ifs”, I can not come to a conclusion of how to deal with the extreme hardships if denied . I still get tears and become depressed thinking about. I cannot find a solution where someone in my family is not caused severe pain or hardship and this has put a very big weigh on my shoulders. I ask for consideration of this waiver so that our family can stay together, SON can have the life he deserves and is not separated from his mother, father or grandparents. I also ask for an approval so I can finally live in peace of not worrying about how to handle all of this burden, and so the weight can be lifted off of my shoulders.
Thank you for your consideration
I was very fortunate to grow up in a two parent home. In addition, I learned that family is the most important part of our lives. Family unification is so important for children to grow up with because it emotionally and mentally affects a child’s welfare. We as a family share a deep bond and dedication to one another. HUSBAND and I both completely rely on one another for guidance in raising our children and mutually respect one another with our parenting skills. We both have worked very hard to be able to provide a stable environment for our son. It would be very hard to raise our son and future children if our family were to be separated for a great length of time. When we decided to submit the I-130, I tried to started planning for all the “what if” and I began depressed and stressed. I continue to stress about where everybody would live. I believe that is important to keep our family together. However, I doubt that this be possible.
Stay in the US
If we are denied and I am not able to find a job in Mexico, I would be forced to stay in the US to support our family. This brings on a very difficult decision to separate our family and an even more difficult decision is with whom SON would stay. To this day, this still has not been decided. Financially, it would make more scenes to send SON to stay with HUSBAND in Mexico. I can make more money by staying here in USA and in addition, I could work more hours to bring in more income. In addition, I would not have to pay 4400 a month in preschool. However, I know if SON and I are separated, this will cause me severe depression. SON is 3 years old, and since the day he was born, I have never spent more than 12 hours away from my son. He has not even spent a weekend away at his grandparents’ house, because I could not stand to be separated from him.
One of the reasons why I wanted to marry HUSBAND was because I knew he would be a good father. I wanted to have a son to grow up to be just like him. My heart aches at the thought of SON being separated from his father. There is so much in life that I cannot give SON. So much that only his father can give him. There is such a special bond between father and son. If his father is required to be separated from him, I fear the psychological hardship it will cause him, especially at such a crucial age of his life. Suddenly taking a father away from a young child can cause serious issues with the child. If SON was to stay here in the US with me, we all would suffer. HUSBAND would suffer because he cannot be with his father. I would suffer because when my family suffers, I suffer along with them. SON is at an age where it is incapable for him to understand this situation. I do not want SON to feel as if his father purposely abandoned him. Numerous studies prove the hardships or suffering family encounter by being separated. The Institute for the Study of Civil Society published a report titled “Experiments in Living: The Fatherless Family”. In this report, it states the affect of a fatherless family. Below are just a few: (Exhibit).
Are more likely to:
• Live in poverty and deprivation
• Have more trouble in school
• Tend to have more trouble getting along with others
• Have higher risk of health problems
• Are at greater risk of suffering physical, emotional, or sexual abuse.
• Run away from home
• Experience problems with sexual health
• Become teenage parents
• Smoke
• Drink alcohol
• Take drugs
• Play truant from school
• Leave school at 16
Moved to Mexico
My parents have been married for 36 years. My parents had two children, my brother Alan and myself. Therefore, I am my mother’s only daughter. I live three hours from my parents; however, we are still a very close nit family. We spend every holiday together and special occasions. Many times, I have thought, it would be nice to move to another state; however, quickly decided against it because I did not want to be any further away from my parents. My parents and I visit each other at least every three weeks and talk on the phone daily. The separation will be very hard and stressful for not only my parents and SON but also me. SON is their only grandchild. My mother and father are very close to him. If we have gone more than three weeks from visiting, my mom will tell me that she is getting lonesome (Exhibit).
As you saw under financial hardships, there already are financial strains. If we moved to Mexico, there would not be enough income to buy airfare to come home to visit. At around USD$550 a plain ticket, then times two for both SON and I, USD$1,100, it is too expensive to fly home to visit my family (Exhibit). The airfare alone for the two of us would be almost 100% of my income. We would not have a car to be able to drive it. Even if we did, it would be around 48-hour car drive from Tres Valles or El Puerto, Veracruz to Clifton, Kansas. That drive is very difficult alone, but impossible with a 3 year old. I have never driven in Mexico and would not feel comfortable doing it without my husband. Therefore, it would not be feasible to return to visit my family. I would become very depressed and homesick.
Last of all, HUSBAND’s cousin, Jenniffer, relies on us a great deal to watch her son during the weekend. She is a single mother to 5-year-old Ian. Jenniffer works most weekends she has to work very late, most times until 2 am. It is very difficult for her to find someone to watch him such late hours. Therefore, the weekends she works late, we take care of him. HUSBAND is Ian’s godfather and he made a vowel to God that he would care for Ian as if he was is son. Ian has been almost like a son to us since the day he was born. He calls us Tio (uncle) and Tia (aunt) and called SON his brother. If we are denied, and we had to move to Mexico, we would not be able to care for him as Jenniffer relies on us to do. Lastly, it would be very difficult for us to spend time away from him. We would miss him dearly (Exhibit).
HEALTH
Here in the United States, I am not only confident that I will have the expert care I will need access to advanced medical facilities, but I also have excellent insurance through my employer which will cover my medical and dental expenses (Exhibit). If I have to move to Mexico, I would have to quit my job and most importantly lose my medical insurance. Although our overall health is good, some issues need to be closely watched. In addition, if these issues got any worse, I would not be able to afford medical treatment in Mexico.
Petitioner Medical Health
Obesity
Since I was 10 years old, I have struggled with my weight and have been considered overweight. I am 31-year-old female, 5 foot 4 inches tall. Based on ages 25-59 with the lowest mortality rate, ideal weight for my age and height is 134 to 151 pounds for a large frame (Exhibit). When I began dieting 6 months ago, I weight 285 pounds. That classifies me as being morbidly obese. I have lost a total of 15 pounds, but has stopped losing weight due to the stress that I have been dealing with the last 6 months. I would loose 10lbs and gain 5lbs. When I am stressed, I tend to over eat. I know it is very important for me to lose weight. Obesity can cause cardiovascular problems, diabetes, respiratory problems, sleep apnea, Musculoskeletal problems, gastroesophageal reflux disease, and female hormone abnormalities just to name a few (Exhibit). In addition, HUSBAND and I want to have more children, and I know that being obese, there is a higher chance of having complications as we saw when I was pregnant with SON. Due to my classification of morbidly obese, the difficulty that have faced with loosing weight, and the health problems that I could face, my doctor has suggested that I undergo the Lap Band Surgery. (Exhibit)
Acid Reflux
A recent trip to the dentist, Dr. Casteneda discovered signs of acid reflux on my teeth. He suggest that I talked to my primary care physician for medications to stop the reflux. “Gastroesophageal reflux disease, is a condition in which the liquid content of the stomach regurgitates into the esophagus. The liquid can inflame and damage the lining of the esophagus. The regurgitated liquid usually contains acid and pepsin that are produced by the stomach. Acid is believed to be the most injurious component of the refluxed liquid. Pepsin and bile also may injure the esophagus, but their role in the production of esophageal inflammation and damage is not as clear as the role of acid. (Exhibit) Dr. Fisher prescribed Omniprozal to take daily. Omniprozal is a proton pump inhibitors (PPI) A PPI blocks the secretion of acid into the stomach by the acid-secreting cells. The advantage of a PPI over an H2 antagonist is that the PPI shuts off acid production more completely and for a longer period of time. Not only is the PPI good for treating the symptom of heartburn, but it also is good for protecting the esophagus from acid so that esophageal inflammation can heal. (Exhibit)
High Blood Pressure
High blood pressure runs in my family. My father, mother and only brother, suffer from high blood pressure. All three have to take medication for high blood pressure. I have been lucky that I have not been diagnosed with high blood pressure yet. However, there have been several times that my blood pressure was on the borderline of being high (Exhibit). “According to recent estimates, nearly one in three U.S. adults has high blood pressure, but because there are no symptoms, nearly one-third of these people don't know they have it. In fact, many people have high blood pressure for years without knowing it. Uncontrolled high blood pressure can lead to stroke, heart attack, heart failure or kidney failure. This is why high blood pressure is often called the "silent killer.” The only way to tell if you have high blood pressure is to have your blood pressure checked” (Exhibit). At my last doctor’s visit, my blood pressure was elevated. Therefore, it is important that continue to monitor my blood pressure.
Allergies
During my last doctor's visit, Dr. Fisher diagnosed me with allergies due to chronic sinus infections and headaches. She prescribed Flonaise to be taken daily.
Human Papilloma Virus
About 6 years ago, I had an abnormal Pap tests, I tested positive for high risk human papilloma virus (HPV) (Exhibit). According to the National Cancer Institute, (HPV) is not one, but a “group of more than 100 viruses” (Exhibit). It says, “HPV infection is the primary risk factor for cervical cancer.” There is no cure for HPV. Therefore, it is extremely important that a gynecology physician carefully monitor my condition and that I have a Pap test done yearly to check for abnormalities in the cervix. .According to the National Cancer Institute (NCI), “a Pap test and pelvic exam are important parts of a woman’s routine health care because they can detect abnormalities that may lead to invasive cancer of the cervix” (Exhibit). It is recommended that women begin having Pap tests when becoming sexually active or no later than age 21. It is also advised to have a Pap test once a year throughout a woman’s life.
In addition, a few years back, I was having problems with stomach pains. At the time, the doctors believe that it was my gallbladder. After several tests, they diagnosed me with stomach ulcers. However, one of the tests that they did was a sonogram. The sonogram found that I have enlarged ovaries. Therefore, the doctor prescribed (name of birth control medicine) to help regulate my ovaries. (Exhibit).
Since I was around the age of 10, I had a vision problem. My vision was bad enough, that I needed glass or contacts to be able to see. I was never able to wear glasses because they caused headaches. Therefore, since I was 11 or 12, I always wore contacts. Four or five years ago, I began having several eyes infections due to the contacts. Therefore, I decided to have laser eye correction surgery. Now I can se 20/15 without use of contacts or eyeglasses. The surgery that I had is guaranteed for life as long as I have yearly check-ups (Exhibit). If I had to move to Mexico, I would not be able to continue the check ups and in the future, if I were to have any vision problems, the guarantee would not cover me and I would have to pay for any work that needed done.
Petitioner Emotional Health
About a month after submitting the paperwork, I began to fell depressed and overwhelmed. I began stressing about the money that we needed for the interview and the upkeep on our home. Stressing about how our lives were in the hands of a total stranger and that there was nothing I could do to change that. I was stressed about writing this letter trying to convince you to approve us. What could I possible write that would be strong enough to convince you. At the same time, I was dealing with my son’s health issues, developmental issues, and our financial issues. I was working my full time job. In addition I took on an overload, teach job at work. In addition to working around 55 hours a week, I was taking six credit hours of courses. All of this began weighing down on me and I felt like I was losing control. I began feeling depressed and overwhelmed. I spent almost 2 days in bed because I was not able to get out of bed. During the last 6 months, I missed more work than I had ever done before. Often, I found myself to begin to break out in tears at any moment (Exhibit). Therefore, I sought help from a counselor. On campus, at work, there is a women’s center that has counselors. (Need to add more here, just waiting on counseling plan from counselor)
SON’s Health
When I was pregnant with SON, I had many complications. Towards the end of my pregnancy, I developed high blood pressure and low iron. I had to begin taking medications to control these medical conditions. Due to these medical conditions, SON was born three weeks early and only weight 4lbs 15ozs. Since his birth, he has always been underweight. He usually falls between second and fourth percentile of weight. At 2 ½, he weight 23 pounds which is more normal for a 1 year old. His pediatrician has done test twice to see if there is a medical condition for his low weight, but all test come back normal. I have to bring SON into his pediatrician every 3 to 6 months to do a weight check with him so they can monitor his weight gain (Exhibit).
FINANCIAL
Moving to Mexico
The following are the financial hardships that I would face if my family was forced to move to Mexico:
As stated above, HUSBAND and I have been married for 5 years. We have incurred debt that we are trying to pay off.
The hardest financial hardship that I would face is dealing with the debt of our home. If I moved to Mexico, I would have to either sell our home or find renters. In April 2007, I put our home up for sale (Exhibit F.1). Our home already has been on the market for almost a year. The county appraisal value for the home in 2007 was $104,000. In 2008, the value for the house dropped to $97,500, which is almost $3,000 less than we bought it for. If I were able to find a buyer for the house, before we could sell, we would have to put on a new roof, new siding and a new deck. The estimated costs of these improvements is ???? (Exhibit F.1) Improvements already made on the home during the last year was a new water heater, $500 and a new furnace, $3,500. The total cost of improvements in the last 2 years is $??7,000??. The payoff amount on the home is $94,000. If I sold it I would lose an estimated ???? .
If I could not sell the home, we would have to find renters. However, if I am out of the country, I will not be able to manage the property. We do not have anybody that would be able to mage the property or could not afford to pay someone to do it. The rental price for home in our area is between USD$750 and USD$850 a month (Exhibit F.2). Our mortgage payment is USD$795 a month (Exhibit F.3). In addition, if I wanted to rent the property, I would have to apply for a different home loan. The current loan that I have on the home is a FHA loan. Under the FHA loan, must only be used as our primary residence. Our current loan is at 6% (Exhibit). If I refinanced, our interest would be higher, in turn higher mortgage payments.
In addition to the home loan, below is a list of all borrowed money in USD:
Total Amount
(Exhibit)
If I moved to Mexico, I would have to sell the car. However, I would still be liable for all other monthly payments. That is a total monthly payment of USD$255. In addition, I would have to quit school, which would put my student loans back into payment of $221 a month. It will be immposible to handle the payments while living in Mexico with an average monthly salary of ?????.
Employment in Mexico
Our income will drop dramatically if we are forced to live in Mexico. Mexico has an unemployment rate of 3.6% and an underemployment rate of 25%, which causes 40% of its population to live below the poverty level (Exhibit). HUSBAND will be unlikely to find a job that can adequately support us in Mexico; he was unable to graduate from high school due to the extreme poverty of his family. The wage Alien could earn in his hometown of Tres Valles is approximately $XXX (Exhibit). Below would be our monthly and income expenses if we were living in Mexico.
Currently, the minimum daily salary for Mexico for the area of Veracruz is only MXN$50.57, equivalent to USD$4.64 per day. While in the U.S. the minimum wage rate is USD$6.50 per hour, corresponding to USD$52 on an 8-hour day (Exhibit). Even if both my husband and I were able to get jobs, we would not be able to pay our debt in the US and monthly living expenses. This salary difference is remarkably unreasonable, and we would not be able to survive under these pay conditions.
If I were forced to move to Mexico and quit my job, I would lose my retirement plan at work. Currently, I have worked at Donnelly for 6 years. After 3 years of employment with Donnelly, you are vested in the plan at 20%. Each year, the percent vested increases. After 7 years of employment, you are 100% vested. This plan is fully funded by the employer, employees does not contribute a cent. If I were forced to leave my job at 6 years, I would only be 80 percent vested in the plan. Losing 20% does not sound like that big of a loss. Factoring in a 3% raise each year, the difference of between 6 years employment ($100.49) and 7 years employment ($224.06) is $123.57 less a month of free money that I would lose for my retirement. In addition, if I stay here until my retirement at age 65, which is my goal, I would receive an estimated $2413.50 dollars a month for the rest of my life (Exhibit).
In addition, I would lose my medical, dental and life insurance. Our out of pocket medical expenses last year were ???? and insurance part was ???? a total of ???? that I would have to pay for if I were to lose my insurance.
Stayed in the US
As stated above, the hardest decision would be to decide whom SON would stay with. If he stayed here in the US with me, I will become a single parent. This will cause an extreme hardship for SON and me. I will have to survive on just my income after being accustomed to a two-person income for the past five years. Below is the list of bills that I would be responsible for.
There is a negative balance of $275 each month. That does not include food, gas, and home and car maintenance.
If SON stayed in Mexico with his father, the only expense that I would not incur would be day care. However, HUSBAND would not be able to work because he would have to care for SON. Therefore, I would have to send ???? USD a month to Mexico to pay for their expenses. I would have to work two full times jobs to be able to survive.
I do not have the option to go live with any relatives to help me with bills. My parents live in very small town in Kansas with only 500 people. There are no jobs there. I would have to commute over 60 miles just to work in a decent job with decent pay.
In any situation that I can think of, I do not see any way possible to make ends meet. I know that I would have no other choice to declare bankruptcy. Over the past 3 years, I have worked an extra part time job just to be able to pay the bills. The reason that I have to work the extra job is that HUSBAND is not able. He works a very exhausting job and is paid little. I work the extra part time jobs because I can earn a better salary. Therefore, it makes more scenes for me to work extra. However, I have missed some very valuable time with my son. In addition, I have become very stressed and mentally and physical excused.
Education
Petitioner Education
As someone that works in the education field, I know the importance of being educated. I have a Masters of Business in Administration (Exhibit). I was the first person in my family to graduate with a bachelor’s and master’s degree. Since I work at a university, I can take courses for free and continue to take advantage of that benefit. I take computer classes to improve my computer skills and other courses to broaden my skills (Exhibit). If I moved to Mexico, I would have to quit my job and would loose this benefit. In addition, I just started researching schools and scholarships to begin working on a PHD. I would like to begin my studies in the Spring 09. If HUSBAND is denied, I will not have the option to start this dream.
SON’s education.
At SON’s 2-year check up, I voiced some concerns with his pediatrician about his development. He referred us to the local children’s hospital developmental specialists. They did an evaluation over the phone and referred us to the Johnson County Infant and Toddlers Services. They send out two therapists to evaluate SON. To qualify for services, the child must have at least 25% delay in speech and cognitive and behavioral development. (Exhibits) After 6 months, SON graduated from the program. HUSBAND and I are to monitor his progress with out the therapy. If we feel he does not continue to improve, then we can request therapy to begin again. Although, he is not in the program, HUSBAND and I have to work a lot with him a lot so he does not fall behind. In March 2008, SON began attending preschool so he can continue and be prepared for kindergarten. In just 3 months, he development has improved dramatically. I am worried that if SON has to move to Mexico and has to stop his attending his school, that the change in language will delay him even more. English is his stronger language. He understands Spanish, but does not speak it. Since this is a critical learning time for him, I am worried how the change will affect him.
Conclusion
After a year of trying to plan for the “what’ifs”, I can not come to a conclusion of how to deal with the extreme hardships if denied . I still get tears and become depressed thinking about. I cannot find a solution where someone in my family is not caused severe pain or hardship and this has put a very big weigh on my shoulders. I ask for consideration of this waiver so that our family can stay together, SON can have the life he deserves and is not separated from his mother, father or grandparents. I also ask for an approval so I can finally live in peace of not worrying about how to handle all of this burden, and so the weight can be lifted off of my shoulders.
Thank you for your consideration