Examples of Approved hardship letters adjudicated in Lima

[Cynthia]

Resources for your extreme hardship/I-601 waiver packet:

Tips for Writing the HSL (http://immigrate2us.net/forum/showthread.php?t=83)

Laurel Scott's Memo on the I-601 (http://immigrate2us.net/forum/showpost.php?p=709&postcount=1)

Some Supporting Document Tips (http://immigrate2us.net/forum/showthread.php?t=3142)

Help for HIV Waivers (http://immigrate2us.net/forum/showthread.php?t=96)


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This is a letter Courtesy of Member Sandy ~ BRAZIL

Dear Immigration Officer,

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

Relationship History

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

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

Psychological Hardships Due to Personal Considerations

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

Financial Hardships

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

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

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

Financial Hardships Including Special Factors

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

Educational Hardships Including Special Factors

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

Other Related Hardship Factors

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

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


Closing Statement

I have lived an honest life as a US citizen, having been born in the USA. I have worked hard to meet all my obligations and raise my son as a single parent. I have always paid my taxes, performed my civic obligations, voted in elections, and obeyed the law. I am now asking my government to recognize my sincere contributions as a citizen and permit XXX as an immigrant so that our family can be made whole. XXX and I are prepared to spend the rest of our lives together supporting each other. I am employed, make a decent living, own my own home, and have the ability to support him. So I am asking you to please grant him the I-601 waiver.

Sincerely,

[Cynthia]

This is a letter Courtesy of Member Amofernando815 ~ BRAZIL

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

Extreme Hardship Letter

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

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

Financial Hardship-

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

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

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

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

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

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

[Cynthia]

This is a letter Courtesy of Member A-Train ~ RIO/LIMA


Here is A-Train’s HSL, submitted in Rio and approved in Lima for unlawful presence. It was jointly written by him and his attorney and a letter from his psychologist was included.
__________________________________________________ ___________________

Dear Sir Or Madam:

This I-601 Application and accompanying documents previously prepared to support the request for a Waiver for ALIEN under 212 (a)(9)(B)(i)(II) of the Immigration Naturalization Act, namely, that Mrs. Alien remained in the United States for more than 365 days without authorization.

Mr. and Mrs. USC married on September 14, 2004 and live for 12 months together in the United States as husband and wife. They developed a strong and bonded relationshipo and their I-130 was readily approved. The consul in Rio De Janeiro Brazil has spoken with them at length and is, we believe, supportive of their Waiver Application.

It is always a hardship and indeed an extreme hardship when a married couple are separated. They must forego the marital companionship, the opportunity to build a live together, the opportunity to bare children, and the love and affection that ordinarily comes witha happy marriage.

In this particular case, a number of areas would constitute extreme and extraordinary hardship to Mr. UCS a U.S. Citizen if he would be required to live seperately in the United States from his beloved wife Alien or to move to Brazil to be with her in the small farming town in Rondonia where she lives.

1. Significant Conditions of Health make Mr. USC's hardship extraordinary hardship
Mr. USC has been examined by Dr. T.P. , who has reviewed his extensive record and spoken with previous Psychiatrists who have attended to Mr. USC's psychiatric and medical needs (Please see letter attached). Sadly, Mr. USC experienced, at the age of 13, a horrifying incident which took place in a theater in his hometown in Kansas City. Directly behind where Mr. USC was sitting, another teenager entered the theater with a handgun and shot his mother in the head and chest killing her instantly. Mr. USC has, since that time, experienced severe anxiety disorders which come under the heading of Post Traumatic Stress and continues to recieve anti-anxiety medication through the time of this application.

Additionally, Mr. USC experienced a particularly unstable childhood with an alcoholic mother and a distant father. In essence, Mr. USC raised himself and his experiences left him with an extraordinary degree of guardedness, startled response, anxiety, scanning activity, and sensitivity. Essentially, Mr. USC is an extraordinarily delicate personality for whom it would constitute not ordinary hardship, but extreme and extraordinary to be separated from his wife. Indeed, even the brief separation experienced to date has caused him to suffer in his work performance and to lose a substantial amount of weight from inability to eat.

Suitable medical care in Brazil is generally not available for conditions of this type. We believe that Mr. USC's general frailty could easily result in complete breakdown if he were forced to move to Brazil or remain in the United States without his wife.

2. Extraordinary Financial Harship - Departure from the United States
Mr. USC is employed by XXXXXXX, Inc. A well-known South Eastern furniture company as a salesman. His salary is approximately $XXX,XXX with commissions as of this point. His prospects for employment in Brazil would be extremely limited and his inability to speak Portuguese would make him ineligible for many positions. Accordingly, the family consisting of Mr. and Mrs. USC would plummet from a solid upper middle class life in the United States to a severe poverty in the farm village of Rondonia Brazil.

3. U.S. Citizen Relative Ties outside of the United States
Mr. USC has no ties whatsoever to Brazil other than his wife. He does not speak Portuguese nor could live very functionally in Brazilian society.

4. Additional Impact on U.S. Citizen Mother
Presently, Mr. USC is the sole support of his mother of who has herself had medical and substance problems during her life. She presently lives in Mr. USC's home and he provides all of her financial support. If he were to be required to leave the United States, his U.S. Citizens mother would experience extreme hardship. Mr. USC's Brazilian national wife is extremely close to her mother in-law having lived together in the United States, and provides additional psychological and material support to this U.S. Citizen.

5. Medical Danger - Country Conditions
The country conditions in Brazil generally, while by no means the worst in the world, pose particular dangers to Mr. USC. Mr. USC is a slight person approximately 5'10'' and 120 pounds. He is extremely white. He is immediately identifiable as a "Gringo" when in Brazil. Given the level of violence common in Brazilian live, particularly in the large cities, Mr. USC would be at an extraordinarily extreme level of hardship with respect to his personal safety.

Furthermore, given his post-traumatic stress and high anxiety level the dangers which surround him on a daily basis would pose additional and extreme hardship to him. Even if the couple were to move to a city such as Rio, their economic earning ability would require them to live in poorest part of the city, possibly even the favella. It is unlikely that Mr. USC would remain alive for long under the conditions of the favella. This constitutes extreme hardship.

For all of the particular reasons set forth above, we contend that Mr. USC, a U.S. Citizen would suffer an extreme and extraordinary hardship different qualitatively and quantitatively from that which would be experienced by a usual U.S. Citizen husband in the absence of his wife or upon being required to move to Brazil.

We respectfully request that you consider this extraordinary hardship and grant ALIEN's request for an I-601 Waiver so that the couple may proceed to live in the United States under reasonable conditions given Mr. USC's particular, severe, unusual and extraordinary conditions.

[Cynthia]

This is a letter Courtesy of Member cabowabo ~ BRAZIL/LIMA

Here is cabowabo's letter, filed in Brazil, approved in Lima, for unlawful presence for his fiancee. It was approved on March 20, 2006.
************************************************** ****************************
This Hardship letter was short but right to the point.

Dear Immigration Officer:

I am writing this letter in regards to the i-601 petition that i have filed for the waiver of ineligibility for my fiancee, XXX XXX XXX. The sole reason my fiancee cannot obtain a K-1 visa is that she is subject to the 10 yr bar for unlawful presence in the US.

xxx xxx xxx has been back in brazil since jan of 2005. This has been an extreme hardship for me as on july 18, 2005 our baby girl, Alexa xxx xxx was born. The baby has been registered as a us citizen at the American Consulate in Sao Paulo. Since XXX has been back in brazil i have flown there four times(see exhibit A)

IF I could afford to fly there more often i would. However it is not just the costs that have become prohibitive but i cannot keep taking the time off from my job. I have been with my present company for the past 7 1/2 years. I do very well at my job and it behooves me, my fiancee and my new daughter that i maintain that position. This job also supports my 3 1/2 year old daughter XXX XXX XXX from my first marraige. I pay child support of XXX per month (see exhibit B). A percentage of that money goes to cover her health insurance. The thought of having to choose between either of my daughters would be devastating, as i love them more than you can imagine. Not to mention what the long term reprecussions of not having her father might do to her.

It would not be in anyone's best interest for me to relocate to brazil. I do not speak the language, nor could i make a living that would support both my daughtersin a satisfactory manner. I have worked very hard to have good credit and be a law abiding citizen. I have an excellent credit rating that would be destroyed if i moved to brazil. But most of all the thought of not being able to see my daughter XXXX would tear me apart. Every time i go to brazil and have to leave my new daughter and fiancee has taken a toll on me emotionally as well as physically. In january of 2005 after XXXX left, one day i thought i was having a heart attack and went to the hospital. The diagnosis was anxiety attack (see exhibit C).

No matter how you look at this it would be an extreme hardship for me to go to brazil and would leave my oldest daughter without a father or the financial support that is due her. My mother , Father(who is not well), brothers and extended family all live in the united states. Please help me do the right thing for both of my daughters and my fiancee who i love dearly. Let me be a father to both of my daughters by being available emotionally, physically and finacially.

Thank you for you consideration.

[Cynthia]

This letter is from Hugopug2003. It was filed as a part of a motion to reconsider (after a denial). She is from Chile, but the file was adjudicated in Peru.

RE: ALIEN
Case Number: A00-000-000

HARDSHIP TO THE U.S. CITIZEN

If ALIEN is not admitted to the United States, USC would suffer severe hardship. His psychological health, family responsibilities, and community ties would prevent him from living in Country with his wife. At the same time, he would feel compelled by the powerful forces of his complete marital bond and soon to be born child, to do so.

Mr. USC is faced with several interacting hardships:

I.- HEALTH

(Please refer to the emotional tones of the original brief and to the letter from USC’s psychologist – additional information has been added for clarification of the severity)

a. Psychological

Although it can be expected that the average person enmeshed in an immigration case of this nature would experience profound psychological difficulties, USC’s psychological hardships have proven themselves to be particularly severe and have the potential of causing medical illness, hospitalization, or even death. Thus, his psychological hardships warrant particularly in depth examination.

USC has been devastated emotionally by the current situation in which he and his wife find themselves. He finds it very hard to cope with the thousands of miles that separate him from his wife, the uncertainty of their situation, and his father’s rapidly declining health (see personal considerations). USC is emotionally drained and distraught with the idea of not living with his child, as his wife, Alien, is currently 10 weeks pregnant. As stated in his Psychological Evaluation (see Exhibit N in main waiver) “At the present time, USC is already experiencing symptoms of a Major Depressive Disorder, moderate degree.” Major depression is a severe psychological disorder in which a persons normal functioning becomes impaired and the person is unable to escape from a fog of devastating sadness and negative thoughts. “A person who suffers from a major depressive disorder... must represent a change from the person's normal mood. Social, occupational, educational or other important functioning must also be negatively impaired by the change in mood” (http://psychcentral.com/disorders/sx22.htm).

USC is already suffering from sleepless nights, has presented high levels of anxiety, his work performance has been hindered, and he experiences profound feelings of worthlessness and excessive guilt nearly every day. Once a person, such as USC, has been exposed to the onset of major depression, that person remains highly susceptible to re-occurrences. These re-occurrences are often triggered by extreme levels of stress or devastating events (such as moving to a foreign country in which one would become isolated or living away from a spouse and child). If forced to leave his country, he would have to overcome tremendous anxiety problems as well as the possibility of developing a Full Major Depressive Disorder or an Adjustment Disorder with Depressed Mood (See Exhibit N). At the same time living without his wife and child would have equally devastating affects.

The consequences of developing a Full Major Depressive Disorder are extreme in nature and often include suicidal thoughts. Thoughts of this nature could result in hospitalization or even death. Dr. XXX, USC’s psychologist, wrote:

“Though USC does not endorse any statements reflecting active suicide intention, the combination of high levels of depression and anxiety is a clear danger signal. If he continues to be exposed to stress and tension, his levels of depression and anxiety may reach such a state in which suicidal thought may become activated... High levels of depression and anxiety, along with the lack of confidence in a better future can in fact activate suicidal thoughts.”

This suggests that she believes USC is at danger for developing suicidal thoughts, if the situation in which he currently finds himself does not improve dramatically. Therefore, if Alien is not allowed prompt readmission into the United States, there is the potential that USC would become overwhelmingly depressed and attempt to take his own life.

b. Vulnerability to Medical Illness

In 1967 Thomas H. Holmes, M.D. and Richard H. Rahe, M.D. published in the prestigious Journal of Psychosomatic Research, "The Social Readjustment Rating Scale" (SRRS). This scale is now famous. Its efficacy is well established. For instance, in December 2000 in Educational and Psychological Measurement Judith A. Scully, Henry Tosi and Kevin Banning re-evaluated the use of this instrument. The abstract of their article states:

"The authors conclude that, in sum, life change events remain useful predictors of stress related-symptom scores and that the SRRS is a robust instrument for identifying the potential for the occurrence of stress-related outcomes and is, therefore, a useful tool..."

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

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

LCU <150: No significant risk of illness

LCU 150-199: 35% Chance of illness or injury in two year period

LCU 200-299: 51% Chance of illness or injury in two year period

LCU>300: 80% Chance of illness or injury in two year period


This scale was applied to USC (on the assumed basis that he was forced to move to Country). USC's score on this instrument was "569 ". On the other hand, if USC were admitted to the USA his score would drop dramatically to 134 (See Attached Scales)
If he is forced to move to Country, he is clearly within the highest-risk range of developing medical illness or injury in the two years following his move.

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

Thus, it is this totality of factors that must be considered when reading this document. Additionally, it must also be remembered that USC is currently experiencing high levels of psychological stress (as evidenced by the development of major depression). Thus, each of these areas of actual or potential hardship must be added to the already significant psychological hardship that USC deals with every day.

II.- FINANCIAL

(Please refer to “Our Family Business” and “Future Earnings” on the original brief)

USC has worked at the family business since he was a teenager. His grandfather started the company in 1927. The business currently belongs to his father, but as XXXX XXXX, (USC’s father) states, he is currently “unable to operate our business other than direct and act as a consultant. I am depending on my son USC to keep the business going so as to provide me with the income for my livelihood.” (See Exhibit I). USC cannot re-locate to Country, as he would have to leave the company and the company would undoubtedly be lost. This would leave not only his father, but his half-sister, cousin and other employees’ unemployed and without any source of income. The company is solely run by him, as he is the only person able to produce and formulate the products they sell. Additionally, if he has to leave the company, he would not be able to pass it on to his children as he has always dreamt. As his father is 82-years-old and very ill, he would not be able to seek new employment; therefore, he would be unable to continue paying for his costly cancer treatments. USC would not be able to forgive himself for depriving his father of his earnings and for causing his father’s physical condition to deteriorate without proper medical care. USC, therefore, cannot leave the family business, as doing so would cause him additional emotional turmoil. He feels that he could not live nor forgive himself for depriving his father of his earnings and for causing him extreme suffering.

Additionally, if USC leaves the company the company would have to close. Therefore, he would lose his employment and income. USC would receive little to no money from the liquidation of assets. Worse still, if he were to relocate to Country, it would be extremely difficult for him to find employment. Country is a country that USC does not know, with a language that he does not speak. The unemployment rate in City, were he would live, was at 12 percent in June-July 2004, and 8.5 percent for Country in 2003 (See Exhibit G). It is also noteworthy that the minimum wage in Country was only US$175.00 a month (See Exhibit G). With such a high unemployment rate and low minimum wage, combined with the fact that USC cannot speak the language, USC’s possibilities of finding good employment in Country are slim.

Unemployment results in many different factors that greatly concern USC, not the least of which is the ability to provide high levels of medical care for himself, his wife, and their child. It also raises questions of whether or not he would be able to provide adequate educational opportunities or afford anything other than substandard housing. Moreover, he would become even more isolated from his own family and friends as he would be unable to purchase plane tickets to go home to visit (tickets cost between US$950-US$3000 round trip), or even pay for the international calls that would be necessary to stay in touch. Thus, the almost certain unemployment that he would face in Country would cause him extreme hardship. USC would be unable to provide for his wife and child, as he currently does, thereby affecting his self-esteem and feelings of self-worth. He would be unable to afford tickets home or even long distance calls to his family. He would jeopardize his ability to pay for adequate medical care or educational opportunities and would significantly lower his standard of living. All of these factors would negatively impact USC’s already fragile emotional balance.

A further financial concern for USC is the fact that his wife does not have health insurance in Country and that she is not eligible for it as she is currently pregnant and unemployed. USC has health insurance in the United States (See Exhibit M) through the family business. As stated by the insurance company, USC will be able to add his wife to the policy as soon as she arrives in the United States. The fact that Mrs. Alien is not insured is a major financial problem, as the cost of the pregnancy and delivery of the baby will be very high. If USC is forced to move to Country, he would not be able to afford the costs of delivering the baby, as he would be unemployed and without health insurance. Therefore, if there are any complications with the baby or the pregnancy, without income or health insurance, USC would not be able to offer his child the best available health care, which would jeopardize the life of both his wife and his child.

III.- PERSONAL CONSIDERATIONS

(Please refer to “My Father”, “Life Long Friendships”, and “Desire to have a Family” in the original brief)

A.- Father

USC’s father, XXXX XXXX, is 82-years-old and suffers from advanced prostate cancer (See Exhibit J). He has gone to Germany twice to undergo non-invasive prostate procedures and had to have major prostate surgery last week. USC’s father’s declining health has created the need for USC to become even closer to him. USC currently values every moment of the time that they spend together. USC has also begun assisting his father in matters of daily life. As his father stated “I am depending more and more on USC to assist me with my personal life as my illness is taking a toll. If for any reason USC could not be there for the business or my personal needs, it would prove virtually disastrous to me.” (See Exhibit I). USC’s father’s precarious health condition has caused USC a lot of pain, so he cannot fathom the idea of having to leave his father. For him, having to choose between his father or his wife and child has become a tremendous burden.

Also, because his father’s condition is already somewhat marginal in terms of independence, it is likely that, within the near future, he would reach a point where he would require regular family care, at which point, USC would become his main care giver. If USC were unable to do this, it would cause him additional psychological difficulties.


B.- Child

Mrs. Alien is currently 10 weeks pregnant. When USC found out about the pregnancy, his desire to resolve his current separation from his wife became desperate. First because he loves his wife and second because he needs to accompany her through the pregnancy. The denial of the waiver has caused him tremendous grief, as he fears that his current situation will put too much strain on his wife, to the point of harming their child.

Also, both USC and Alien strongly feel that a child should not be separated from its parents, especially its mother during the formative stages of its life. If Alien is not allowed to return to the United States, her husband would find himself obligated to live away from their child and would, thereby, deprive his baby of a father. He would miss crucial moments in both the physical and psychological development of the child as well as moments that would aid in the formation of a relationship between them. He has already missed the beginning stages of Alien’s pregnancy and the baby’s first sonogram and heartbeat (See attached). Missing these unique events has added more pain to the psychological troubles that he is already experiencing. He grew up with only one parent at a time and cannot endure the idea of his child growing up like that. The possibility of not being around his child torments him every day. Thus, if Alien is not allowed to return to the United States, USC would not be able to live with his wife and child, he would suffer tremendously and would lose irreplaceable moments of both his own life and that of his child, causing further decline in his own psychological state.

Like any father, USC wants his child to have at least all of the choices and possibilities that he had while growing up. He also wants his child to have those things that he did not have. USC and his wife love each other deeply and want to provide their child with a strong and positive home. USC also wants to provide his child with the best education, the best medical care, the safest surroundings, and the love and support of his family. For USC, all of this is possible only while living in the United States. If USC and Alien lived in the United States, their child will be an active member of USC’s extended family. As such, they will have his extended family to support and help with the upbringing of their child. If he were forced to re-locate to Country at some point in the future, his child will be deprived of knowing his American family. This would be particularly difficult, as USC’s family is an integral part of his life and he could not imagine them not being closely connected to his child and himself. USC’s child, an American citizen, would also be denied the possibility of living and growing up in the country that his father loves so much.

Additionally, if Alien were not admitted to the United States, USC’s 82-year-old father, who suffers from prostate cancer, would be unable to see or get to know his grandchild. As his father wrote (Exhibit I) “At my age and in my status of health I can’t wait much longer to see my grandchild.” This situation would cause USC even more pain, stress and depression. As a good father, he dreams of having a close family, and of being able to give his child memories of his culture and his family. He also hopes to be able to offer a last joy to his own father. Thus, for his child not to meet his grandfather and vice versa would have devastating effects on USC and would be something that he would regret for the rest of his life

C.- Other Family Ties and Friends

USC was born and has lived all his life in the United States. His entire family, including his parents and half sister reside in the United States within a half hour drive from his home. USC is very close to his father, half sister, aunt, uncle and cousins, who are like brothers to him. He grew up in a very extensive Italian-American family, with many family gatherings every year. His extended family is his main support group as well as one of the most important aspects of his life. USC cannot move to Country because his family as he knows it would be lost. He also has a group of very close friends that he has known for over 20-25 years. This group of people is one of his main coping mechanisms as they are always there for him. The continued involvement of his extended family and friends in his life is key for USC to overcome the anxiety and depression that he is currently suffering.

USC does not have family or friends outside of the United States. Although he has interacted on a few occasions with Alien’s family, he has always been alienated because he does not speak their language. Being alienated is extremely difficult for him, as he is very friendly and outgoing, and he is used to being constantly surrounded by family and friends. Alien knows that if USC was forced to re-locate to Country, he would suffer from extreme isolation and the lack of his support group would add even more stress to his already stressful life. The separation from his family and friends combined with feelings of isolation and alienation would worsen his current psychological symptoms and would put him at grave risk for the development of more severe psychological disorders.

Additionally, in the United States, one of his primary ways to relieve tension is to play softball at least 2-3 times a week. There are no softball leagues in Country as the sport is virtually unknown. If he does not have access to playing softball, his stress would be even higher than it currently is, further exacerbating his psychological problems.

If USC were to move to Country, he would not only be far away from his family and friends, but would also have to live without his favorite sport. Therefore, he would be extremely vulnerable to the onset of more severe psychological hardships.

IV. Special Factors

(Please see “Culture and Language Barriers” on the original brief)

USC does not speak or understand Spanish. Therefore, he would be severely limited in any interaction with Countryans, from making friends and from becoming employed. He does not have one single family member or friend in Country that would be able to ease the transition or help him out.

GOOD CHARACTER AND ADMISSABILITY OF ALIEN

Alien is a college educated and family oriented woman with high moral standards. She is extremely sorry for the pain and suffering that her unlawful presence in the United States has caused her husband and his family. She knows that her overstay was overly prolonged, and although she makes no excuses for her behavior, she would like to mention that it was out of character for her, and she has never engaged in any other illegal activities. If given a second chance, Alien would respect all laws of the United States; not only out of fear of reprisal, but also from a genuine love for the country and for her family.

Activities related to residing illegally in the United States of America express an isolated and unusual circumstance for her. She is deeply repentant, a changed woman. The 21-year-old, who allowed herself to become trapped inside of lies, no longer exists. She has returned to herself. She is goal directed, focused and thoroughly ethical and law-abiding. She presents no danger whatsoever to the interests of the United States of America.

SUMMARY

It needs to be emphasized that by issuing an approval of an I-129F for a K-3 spousal visa, the United States government has formally and legally recognized the validity of the marriage between Mr. USC and Mrs. Alien. It is well documented that “family unity” is an important value unpinning the raison d’etre of the United States of America and that actions to “assure family unity’ are part of the intent of the United States immigration law [for example see Title 8, Chapter 12, Subchapter II, Part II, section I, pp. 64 and 65]. Although, it is a function of law to provide legal definition and recognition to this marriage between USC and ALIEN, it is clearly the intent of law to support the complex nature of marriage. In other words, in this and other genuine marriages there are multiple social psychological, familial, economic, cultural, spiritual, etc. bonds, which are presumed by the law to exist conjointly with the legal presence of marriage. Support for these complex interacting marital bonds is a fundamental value of the larger society and a function of the law.

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

These additional hardships include, but are not limited to USC’s elderly father’s fragile health conditions that would prevent USC from living in Country with his wife and child. Moreover, he would lose his career and, not only his own income, but that of his father, sister, and cousin if he were to leave the United States to be with his wife and child. USC would also be faced with imminent unemployment and without the possibility to provide for his wife and child. These factors combined with his strong emotional bonds with his own family and friends in the United States, as well as his passion for softball, would make it impossible for him to move to Country without great risk to his psychological well-being.

If USC were unable to live with his wife and child, even greater psychological hardship would be expected to arise. He would be unable to receive the support and love inherent in a true marital relationship, and would suffer daily from the lack of contact and familiarity with his own child. This creates an impossible situation, which is currently wearing on his psychological state, desire to live and ability to function. It is tearing him into two very distinct halves, and can only be resolved by the reuniting of these two parts in the United States of America.

In short, if Mrs. Alien is not admitted to the United States of America USC would be placed in the midst of an impossible dilemma. Because the marriage has occurred in its full sense, profound forces (recognized at least implicitly by the United States government) would move him to leave his homeland. Yet, if he moves to Country, it would put him, his father’s health and other family members economic well being at risk. Country is also economically depressed, has poor health care (by U.S. standards) and cannot provide him with the employment opportunities necessary for him to fulfill his dreams and maintain his standard of living. Furthermore, he would be unavailable to share with his family, especially in regard to the care of his father, stricken with prostrate cancer. Most of all, by moving to Country, he would set into motion emotional, social, and medical forces that could prove permanently damaging to his psychological and financial well-being. He would be placed squarely between his marital bond, his child and his father and other family members.

[Pinkpig]

DEPARTMENT OF HOMELAND SECURITY
U.S CITIZENSHIP AND IMMIGRATION SERVICES



Hardship Letter
Case number: Eve_Brazil and Mordoran

Dear Honorable Immigration Officer:

I, USC, declare under penalty of perjury, under the laws of the United States of America, that the forgoing is true and correct.
I am writing this letter in support of an I-601 petition waiver that I have filed for my fiancée, ALIEN. The sole reason that my fiancée cannot obtain a K-1 visa is that she is subject to the 10 year bar for unlawful presence in the United States.
ALIEN attempted to visit me during her vacation and in order to celebrate her birthday with me in December 2004. She was informed at the POE (Miami) that she was inadmissible because she had overstayed her tourist visa in the year 2000. ALIEN had no intention to immigrate to the U.S. as she had been legally and successfully admitted into the United States in 2003 and 2004(July) for vocational purposes after she had overstayed.
The unexpected event of not being admitted entry to the U.S. has shown that our love had been put through a tremendous test. We could only anticipate the challenges ahead of us when we decided to start our journey to be together permanently. ALIEN and I are dreaming of the day when we will be allowed to be together in order to get married. We have faith that this I-601 waver is the last step in our journey to see our dream come true in our lives.
I respectfully ask you to look favorable upon this application for the I-601 waiver and allow my fiancée to join me in the United States, thus granting this extremely needed approval.
There are several interacting hardships:

I. MILITARY OBLIGATION
I am currently serving as a Second Lieutenant in the United States Army. I am serving as xxxxxxxxx. I was commissioned as an Officer in the United States Army on 16 December 2005. I entered active duty on 8 January 2006. Upon entering active duty service in the Army, I signed an active duty service obligation (ASO) contract with the Army for a period of seven years. The ASO means that I am required by the United States Army to serve for a minimum of seven years on active duty status.
Currently, I have completed nearly one year of my contract requirement (Appendix A). The ASO is a contract with the Army and I am not allowed to break this contract. Unlike many American citizens, I cannot simply make the decision to quit my job and move to my fiancée’s country. Leaving the Army without a proper military discharge would subject me to criminal prosecution (Appendix B) I would be reported as absent without Leave (AWOL) and face prosecution for desertion charges.
These charges would be damaging to my life forever. As the United States is currently engaged in the war against terrorism, desertion is a serious charge. If charged with desertion, I would serve a jail sentence at the United States disciplinary barracks at Fort Leavenworth, Kansas. After serving my prison time, I would be dishonorably discharged from the United States Army.
It is relevant to remark that a dishonorable discharge carries with it a very negative connotation for future employment. Every application for work asks the applicant about his or her military experience. A dishonorable discharge on a military record would make it nearly impossible to find any decent employment.
My job serves a vital role in securing the United States political and security interests. To be forced to resign my military career this point in my life would be emotionally devastating. All that I have worked for in my life is for the chance to serve my country and be happily married. Right now I am living half of my dream.

II. FINANCIAL CONSIDERATIONS

a) Employment
The United States Army offers a level of job security that I could not attain in Brazil. As a Commissioned Officer, I have a guaranteed job for the remainder of my seven year commitment. Additionally, I will earn a raise every two years of service. Furthermore, I am eligible for promotion to 1st Lieutenant in six more months and Captain in 3 years (Appendix C). The U.S. government has spent an estimate of xxxxxxx training me to lead soldiers into combat. Thus, as a member of the United States Army, I have very specific job training that is vital to the national security interests of the United States. My duty within the Army's Armor Branch places me in command of xxxxxx.
The only job training that I have is military training. I know how to operate American military equipment and how to employ that equipment in combat against the enemies of the United States. There is no civilian job that exists that is related to the job experience an Armor officer receives. All that I know how to do is serve in the Army.
The Brazilian Constitution states on Art. XII, § 3 that the following offices are exclusive for born Brazilians:
I - those of President and Vice-President of the Republic;
II - that of President of the Chamber of Deputies;
III - that of President of the Federal Senate;
IV - that of Justice of the Supreme Federal Court;
V - those of the diplomatic career;
VI - that of officer of the Armed Forces.
VII - Minister of Defense.

I have absolutely no job training or experience that would be in any way applicable in Brazil. If I were to more to Brazil I am not eligible to become a Military Officer, as showed above. I would be immediately unemployed and unable to find a job. The United Nations Development Programme confirms that Brazil has a mediocre economical growth
Poverty is concentrated in the North East region, where the UN’s Human Development Index (HDI) is 0.57 (compared to 0.78 for the South of Brazil). This places the region on a par with India and Kenya at the bottom of middle ranking human development category. My fiancée happens to reside in the state of Pernambuco, located at the northeast of Brazil.
Needless to say, moving to Brazil would immediately take me from a comfortable middle class lifestyle, to an unemployed, poor standard of living. With my loss of career and pay, I would no longer be able to support and provide adequate care for my family. Taking into effect the loss of employment and loss of income factors, it would be an unjustifiable and unusual extreme hardship for me to leave the United States.


b) Medical, Insurance and Healthcare
Being a service member of the U.S. Armed Forces, medical care is provided to me free of charge. I am covered by TRICARE (Annex D) that basically provides medical insurance fees, prescriptions, medications and dental work. If I am forced to move to Brazil, I will face a very significant reduction in healthcare and medical services that are not equivalent to U.S standards. This would place me with inadequate healthcare and in extreme financial hardship should I become ill.
My retirement also allows me free health care and dental care for the rest of my life via Department of Veteran’s Affairs Hospitals. In Brazil, it would be impossible for me to receive the free medical benefits that my service to the nation would allow me to have.
Currently, I am in my prime for starting a family. My fiancée and I would love to start a family as soon as our marriage has taken place. .
Brazil has an infant mortality rate over twenty times higher than the United States .The United States infant mortality rates are incomparably better with only 6.43 deaths per 1,000 births. Undoubtedly, seeing such disparity I strongly fear having children in Brazil. Also, I think it would be devastating for a child to have to be born in Brazil and live there for the first half of their life then move to the United States once the bar was removed.
Without the approval of this waiver, I will be presented with an extraordinary emotional hardship by being prevented from starting a family with the woman that I love. I receive excellent healthcare insurance coverage as well as access to the facilities with employee’s discounts benefits. Moreover, the military hospital treatment if often better than civilian hospitals and I want the very best for my future children.

III. EDUCATIONAL

Due to the constantly changing technical advances in my field of work and to advance in my career, it is necessary for me to continue taking educational courses on a regular basis. My ultimate career goal in the United States Army xxxxxxxxxxxxxx. My interest in this job makes me eligible to obtain Advanced Civil Schooling from the Army.
With Advance Civil Schooling, I will be able to attend one of the top master’s degree programs in the United States and it will be paid for by the U.S. Army. Relocating to Brazil will ruin my pursuit on getting my Master’s Degree entirely paid for by the Army.
Also, I do not speak Portuguese which is the official language of Brazil. This would make it impossible for me to find a job or even function in everyday activities. As the primary financial source of income of our planned family this would provoke all kinds of financial difficulties for both of us. All of these problems would be nonexistent in the USA.


IV. PSYCHOLOGICAL AND EMOTIONAL HARDSHIP

I find it very hard to cope with the thousands of miles that separate me and my fiancée. The uncertainty of this situation has exposed me to an overwhelming level of anxiety. The thought of been separated from ALIEN for 10 years is psychologically inconceivable. My responsibility as platoon leader requires my utmost attention. A decision-maker must be focused at all times
Everyday spent with this uncertainty of my with my fiancée puts myself at risk. I am training myself and my soldiers to go to war. I cannot be focused on this when all I think about and dream about is being granted this waiver. My performance in my job has suffered because I cannot focus on my objectives clearly when I am so worried about seeing my fiancée again. The separation is serving as a severe distraction from the quality time and effort I would normally dedicate to my job and my training.
(…)
Truthfully, the distinct possibility that my life would be in jeopardy is terrifying. Therefore, it is imperative that I am able to go to war knowing that I am married and that my wife will be well taken care of if something happens.

a) Family and Community ties

I would suffer an emotional turmoil if I have to choose between my country and my fiancée’s home country. All of my family lives in the United States. I do not have any family or relatives in Brazil. In fact, I do not have any friends in Brazil. All of my friendships and community ties lie in the United States.
The Army life has a great way of creating friendships and close bonds. The hardships that soldiers face together create closeness and a friendship that others could only dream of. My closest friends are all soldiers. Moving to Brazil would cause me to lose friendships that I have gained through many nights spend sweating, crawling in the mud, breathing sand, and bleeding with my friends.

V. OTHER RELATED HARDSHIP FACTORS

a) Traveling
If I had the opportunity to travel to Brazil and visit my fiancée, I would do it often. Unfortunately, I am not able to do that. The United States Army unlike a regular employer is the one who determine when I can leave there fore, I cannot always use my vacation time when I want to.
There are limits to how many days I can go on vacation and when I can even take a vacation. I can’t simply ask for one week off work and be granted it. Due to the high tempo with which the Army is training for war, the opportunity to take a week of vacation to be able to visit Brazil only comes once a year for me.
(…)

b) Iraq
The United States of America is currently engaged in a war against terrorism. The fronts for this war are the countries of Iraq and Afghanistan. In xxxxx, I will deploy with the xxxxx to a location in the country of Iraq (...).
My deployment will last approximately fifteen months, with the possibly of a four month extension. This means that I could possibly spend nineteen months in the Middle East. Before I put my life on the line for my country, I only want to be able to marry the women that I love and start my family with her.

c) Good character and admissibility of ALIEN

(…)

CLOSING STATEMENT
I was born an American Citizen and for my entire life I have dreamed of serving my country as a member of the United States Army. I am serving my country proudly in the Army and if my fiancée is refused entry, I would be forced to abandon a dream. The American Government would be forced to lose all of the valuable money spent in my training and professional education as an Officer.
Throughout my life, I have done everything possible to support my country. I pay my taxes, I vote in every election, and I have never broken the law. I have dedicated my life to serving my country and I only want my wife to stand beside me while I serve this great nation. I am employed with a very stable job, and I make more than enough money to support my wife and our life together.
By refusing to allow my fiancée to enter the United States, I would be placed with an extreme and emotional hardship because it would be impossible for me to be with the person that I love. I am urging the immediate Waiver of Grounds of Excludability so that my fiancé ALIEN may get married to me as soon as possible. I respectfully ask to consider our case and grant us this pardon.


______________________
USC
DATE HERE

[Cynthia]

Approved HSL Courtesy of Member jerrys - Rio/Lima Peru

XXXX XXXXX (USC) XXXXX XXXXXXXXXX
XXXX XXXX(111)222-3333

RE: Letter of Hardship

Dear Consulate Officer:

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

I am writing this letter on behalf of my fiancée, XXXX XXXX. I have been waiting over one year for her to be with me in the U.S and respectfully ask that you consider our I-601 waiver application. I have already suffered stress and heartbreak from our separation and cannot bear to wait 10 more years. Please consider my hardships listed below and do not hesitate to call me day or night to answer any questions you may have.

Before I start my hardship letter, please allow me tell you a little about her and our relationship. We met in Jan 2006 on orkut.com. Shortly there after I began to visit her. Our relationship grew stronger and we got engaged after my third visit with her. She is the woman of my dreams and the person I’ve been looking for my whole life. She is my best friend. We talk for hours on the phone and via the internet every day. After getting engaged we decided to do the K-1 fiancé visa and it was seven long months until our interview in Rio, Brazil. We were 100% sure that we would have no problem at all: we had everything in order, and we knew our love was so strong for each other, nothing could stop us. We arrived early for the interview and were very excited. We even purchased our plane tickets to return to Florida and had plans for our wedding. That’s how sure we were.

Then it was time for us to go into the interview room to see the consular. He began to ask each of us some questions. He asked XXXX if she ever overstayed in the U.S before, she was a little puzzled and told the consular her story. XXXX arrived in the U.S. in 2000 and filed for the (i-485) process before the deadline on April 1, 2001. She was over her stay about five months before she started the process. Later she was issued a work permit and a social security card and before her process was complete, XXXX was going through a devastating divorce with her husband. Although she was trying to make it work by going to see marriage counselors, it was clear to her that her marriage was over. After trying everything, (See exhibit A- for divorce & counselor letter) she had no one to lean on for support in the U.S. (all of her family was back in Brazil). Therefore, she had no other choice after going through such devastation but to return to her home country of Brazil. At the time, XXXX was aware of the fact that she could possibly lose her green card status any have to reapply, but that was the furthest from her mind. At the same time she was going through the divorce her Mom became very ill and was soon after diagnost-(See exhibit A- for her results) with cancer There was simply no other option for her after going through such a drastic time.

Now we find ourselves stuck in this dilemma, needing a waiver because XXXX abandoned her process, making it illegal for her to be here. I beg of you to please imagine what XXXX has gone through with her divorce. XXXX is one of the kindest people you will ever meet. She’s never had any trouble with the law in her country or the United States. She was never deported or denied entry to the U.S. She just went through a bad time in her life with the divorce, and did not clearly consider the consequences of leaving the U.S. Please (See Exhibit A- for her divorce papers), a letter from her marriage counselor and her (i-485) process papers.

I want nothing more than to marry XXXX in my country. I am 39 years old and this will be my first and last marriage, I have no kids and at my age I don’t have much time left. So please, I beg of you because my life depends on this letter and I ask you to please take all of this under careful consideration.

I only had a little over 2 weeks to prepare everything; please know that it all comes from my heart and it will decide my future. Below, please find examples of my extreme hardship cases.

HARDSHIP TO THE U.S. CITIZEN

(XXXX X XXXXX) MY FAMILY AND MY FATHER I grew up in a very close, All-American family. We gather on all holidays and special events. We are a very close family with strong military and police backgrounds. My family wants nothing more than to see me happy and finally married for my first time with someone I have found true happiness.

My father’s name is XXXX XXXX. He is what keeps me going everyday. He is a great man and has done so much for our country. He was in the United States army and served two long tours in the Korean War in full combat. For someone to do that for our country says so much about what kind of man he is.

Lately his health has taken a toll on him, (See Exhibit B- for doctor’s letter). He is 75 years old and his health is failing each day, especially after my Mom passed away on February 16, 2004. He is all alone with me in Florida. We are currently making arrangements for him to live with me in the next months to come, due to his health and financial status. He has had three major heart attacks along with a quadruple bypass surgery and a valve replaced on his heart, within the past three years. He has also had a pacemaker installed. He has chronic heart disease and prostate cancer, which he is getting treated for right now. He has emphysema and cirrhosis of the liver. He also has severe type 2 diabetes, which is his worst ailment right now. He is losing all the feelings in his hands and legs, making it difficult for him to move around. He uses insulin daily with close monitoring, which I take care of. I help my Dad everyday after work. I go to-his house for a couple of hours to help him with his blood monitoring for his diabetes because he often forgets to check his sugar levels due to his multiple illnesses. Every once in awhile he gets rushed to the hospital for this or needs me to take him. I help him daily by going to the store and getting him food. I am also responsible for taking him to his regular doctors’ visits. I must help with his hygiene due to his ulcerative colitis and prostate cancer. He cannot control his bowel movements so I often have to help him with his hygiene. He needs me to help him monitor his medications because he takes over 15 different types. Basically, I serve as his brain because my father is unable to do any of these things for himself.

My father is my best friend and I want to enjoy whatever time I have left with him. I enjoy every moment with him. He would truly not be able to survive without me. My dad relies on a monthly, modest Social Security check, which is $1002 per month. (See Exhibit C- for copy of his Social Security check). This is my father’s only income. The only other financial help he receives is through the Veteran’s Hospital, where he is provided with his necessary health prescriptions. His rent currently exceeds his $1002 monthly income. Since he has no other income, my sister and I have set up a budget to help him pay his rent, utilities and buy food. We are the only two members of our family who are able and willing to help him financially. For years now, my sister and I have each given him $400 per month. Since he lives just a few miles from my home, it is easy for me to help him everyday until he moves in with me. I am the only one who can help him; the rest of my family lives back in Boston over 1500 miles away. My dad did try to live back in Boston after my mom died, but the cold weather took a toll on his health. Furthermore, and my family’s busy work schedule was too difficult for them to give him the proper care he needs.

It is imperative that you understand how important a role I have in my father’s life. I am his only hope, and if I had to leave him he would be devastated and probably not survive. I also would be devastated if I had to leave my best friend. If you met my dad you would understand what kind of man he is and what he did for our country. So please, I beg of you; don’t take me away from him. He needs me as much as I need him. My staying here in the U.S. would allow me continue to help him daily with his health and finances. Enclosed please find a letter from my father reiterating what I have just spelled out for you. (See Exhibit G- for his letter).

CAREER & FINANCIAL SITUATION

Currently, I am employed by XXX XXX Inc. as a supervisor. I have been with this company for over 12 years. We are a General Contractor licensed in the state of Florida. I’ve built a strong relationship with the owner, XXX XXX, and his company. I grew with his company and learned how to run it successfully. . Please (See Exhibit F- for a letter from my company). Our office is less than a mile from my house and it is located between my house and my dad’s house. When I need to leave to assist him it he is only five minutes away (See Exhibit D- for map). I play a very important role within this company; supervising construction crews on jobs that are worth up to one million dollars. My job requires that I have strong communication skills to run large projects. My boss always says that I am his key guy and his company would be in a financial loss without me (See Exhibit F- for company letter).

During this past year, my company has suffered from my frequent trips to Brazil. Since I am only allowed one week of vacation per year, my trips to Brazil take a financial toll on myself and my boss, who has to put the jobs on hold while I am away. It greatly affects the company. Furthermore, if I were forced to leave XXX XXX Inc., the company would suffer tremendously.

My annual income in the U.S is $51,600 and in my line of work in Brazil is only around $6,000 annually for someone qualified in their industry. If I were to lose this job and move to Brazil, I would have to start all over again. At age 39, it would be very difficult for me to find work in Brazil. I do not speak the language and the building codes are much different than in the U.S. Every aspect of the way that industry operates in Brazil is different than the way I have been trained here in the U.S. I need an income to support XXXX, myself and our family. XXXX is currently a college student so we would be relying on my income alone. Additionally, I would not be able to help my father and this would put him at great harm. I have a huge FINANCIAL commitment within the United States. This includes a home loan of $XXXX, an equity line of credit with a balance of $XXXX, credit card debts in excess of $XXXX, and a car loan of $XXXX. If I had to move to Brazil, I would not be able to pay these. I wouldn’t even be able to pay the minimum monthly balance due on my credit cards and loans. This would result in losing my good credit rating that I worked many years to establish. Inevitably, as a result, I would fall deeper into debt. My checking account has been overdrawn 2-3 times per month, which is making my credit card balance rise. When I am in Brazil I give XXXX money to help her with her daily living and I often send her money too. I have to pay large telephone bills for both her and I. please.(See Exhibit H- for a list of all my bills and payments) If XXXX were here with me in the U.S., I would not have to take any time off of work and I could start reducing my debt on a continuous basis.

MY HEALTH & AGE

In 2005, I was involved in a serious motorcycle accident, enduring a broken shoulder, a sprained wrist, back problems and internal bleeding.(See Exhibit I- for doctors report) I spent two months out of work with no income coming in. Thankfully, my boss was gracious enough to pay me while I was out of work. While I am trying to repay him a little at a time, if I had to leave his company I would be unable to do so.

Following my motorcycle accident, I no longer have 100% use of my shoulder without feeling severe pain. I am very limited in doing manual labor in my field, making it difficult for me to find a job in my position. Luckily, my position in my company is to run the construction jobs and to communicate with other sub-contractors and all of our employees. Since I do not speak the language and do not know the building codes for Brazil, I would not be able to find work with my qualifications and my age. (39)

Currently I am not seeing a doctor to treat the depression I am experiencing as a result of being apart from XXXX. I am trying to be strong and think positively that this will all work out, but I’d be lying if I said this wasn’t the hardest thing I have ever been through. I do not sleep at night because I can’t stop worrying of the possible outcome of this decision. Quite honestly, it is affecting my job and I cannot concentrate while at work. Deep down I know if we are denied, it will send me into a downward spiral of depression.

COUNTRY CONDITIONS

The current conditions in Brazil are among the most dangerous places to live. As a U.S. citizen, I am certain that I will be at more of a risk if I live there. I fear for my life when I am in Brazil on vacation and I could never feel at peace if I live there, as I do in my America. I am in constant fear for XXXX; she has already been held up and robbed on more than one occasion at gunpoint. Furthermore, XXXX father was kidnapped right out of his own driveway and was held for hours (See Exhibit E- for police report). Having a family is the most important thing to me in my life and I have found the right person for that. However, our hope is to raise kids and watch them grow in a safe environment. I know that the United States can provide that for my family.

COMMUNITY TIES

I try to help out whenever I can in our community. I am a taxpayer, a registered voter, and a law-abiding citizen. I have taken some Federal Emergency Management (FEMA) courses, which have come in handy whenever our country is in need (See Exhibit E). In October 2005, south Florida was declared a disaster area by the governor when we were hit by Hurricane Wilma. South Florida was hit so hard and most homes lost power for weeks. Many homes even sustained major damage. I happily volunteered my time to help people in need in my area. I spent hours passing out water and ice. I also spent time talking with traumatized kids and tried to help ease their anxieties. I know all this may not seem like much, but I am hoping my country can help me in my time of need. I am asking for your assistance for a speedy approval. Sergeant XXXX states in a letter (See Exhibit K) “Mr.XXXX has been an asset to this community in both personal and professional ways” also “he has made personal sacrifice to assist the community” XXXX XXXX is a wonderful police officer and well know to his community.

CITIZENSHIP

I was born and raised in the United States of America and it is the only country I know and would ever want to call home. I would be deeply saddened if I had to leave. The United States is my home and a part of me. All my family is here along with close friends who would be devastated if I had to leave them behind. Please forgive XXXX error in leaving this great country before her green card was issued. We are asking for another change to make the United States our home.

CONCLUSION

I hope that you understood everything I presented you in this letter. I tried to keep it as simple as I could but it’s so important to me for this approval. I can’t risk loosing the person I have been searching for my whole life and I prey to God every minute to allow the woman I love to join me to live our lives together in our beautiful country. I ask for my country to help me in a time of need.

So I beg of you one last time for your understanding in this matter and a speedy approval. And please do not hesitate to call me for any reason day or night. (My cell phone in case I am at work) (XXX)-XXX XXXX. Thank you and God Bless.

Sincerely,
XXXX XXXX