Examples of approved I-601s - In-country and Canada

[Marie]

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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HSL Courtsey of Aidita and her husband. Adjustcated in New York


My Husbands Letter:

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

My Letter

Name
Case #xxxx

Re: Hardship Letter
I 601

To Whom It May Concern:

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

[Cynthia]

This is a letter Courtesy of Member Sluberry ~ MONTREAL/VERMONT

Here is Slubberry's HSL for unlawful presence, filed in Montreal, adjudicated at Vermont Service Center. The primary was from his wife's point of view (the intending immigrant), followed by a letter from him. Other letters of support were included - to view those, please see this thread.
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From Slubbery’s wife (applicant)

UNITED STATES CONSULATE GENERAL
Attn: IV Issuance
P.O. Box 65, Station Desjardins
Montreal, Quebec H5B 1G1
Canada
Phone (514) 398-9695 ext.: 3833


Dear Sir or Madam:

I know you hear from thousands of people on a daily basis, but I respectfully ask that you consider our case. My husband is a wonderful hands-on father that I know will suffer more than I emotionally because he is the one who missed his son's first steps, his first birthday, and his first words. My heart aches when I think about this, but we both knew there was a price to pay going into this immigration process, and we both pray that you will consider how much we have paid and deem it enough. HUSBAND has worked so hard to get to where he is today--he is not lazy and loves my son and me more than words can describe. There could not be a better father or husband. I know that if I am allowed to come back to the US legally, he will not only continue to take care of our family, but also continue to be a positive contributor to his country as well.


FAMILY

HUSBAND

The emotional hardship that my husband HUSBAND will endure if this waiver application is denied will be nothing short of devastating. The current stresses of the K1 Visa process, and this subsequent I-601 Waiver has taxed my husband emotionally and physically. This emotional stress impacts our child and HUSBAND’s entire family (all United States Citizens). Denial of this waiver would bring them even more emotional stress then that of which they are dealing with now.

Due to our separation, HUSBAND has missed SON’s birth (he took a bus to visit us on the day of SON’s birth) and feels deep remorse for missing it. He has also missed his son’s first steps. Because of his work, HUSBAND can only visit us for one day a month and during holidays. I get very anxious when he comes because he drives 61/2 hours after working all day. When it is time for him to leave, he waits to the last minute to leave (usually around midnight) and drives all night straight to his work on Monday morning and works all day. I would like to mention that HUSBAND has been working for his company “COMPANY NAME” for about seven years and loves his job and the atmosphere of work as much as the way he is treated there. It is very difficult for him to even imagine having to look again for another job offer in a different country with a different system (company’s culture, salaries, relocation. Etc).

Also, both my husband and I strongly feel that SON should not be separated from his parents, especially his father during the formative stages of its life. If I am not allowed to return to the United States, my husband would find himself obligated to live away from his child (because of his job and salary) and would, thereby, deprive his son of a father. He would miss more crucial moments in both the physical and psychological development of SON as well as moments that would aid in the formation of a relationship between them. He has already missed my pregnancy, the baby’s first sonogram and heartbeat, his son’s birth, his son’s first step, and his son’s first words. Missing these unique events has added more pain to the psychological troubles that he is already experiencing. He grew up in a close family environment and cannot endure the idea of his son growing up without the close family bonds he has experienced so HUSBAND gets emotionally depressed when he hears his son SON crying for him on the phone. The possibility of not being around his child torments him every day. HUSBAND would suffer tremendously if I were not allowed to return to the United States, and would lose irreplaceable moments of both his own life and that of his child, causing further decline in his own psychological state.

HUSBAND is very close with his brother and sister (all naturalized United States Citizens), their spouse’s and children, and his parents. Separating him from his family would increase his emotional stress. He has a very close relationship with his family and is with daily contact with his brother, sister-in-law, niece, nephew and parents. If he were forced to move, the impact here would not only affect HUSBAND, but his family as a whole. They all live in close proximity of each other.

HUSBAND has lived most his life in the United States (since he was 2 ½ years old). His entire family, including his parents, brother, niece, nephew, and several cousins, uncles and aunts are in the United States within a half hour drive from his home. HUSBAND is very close to his parents, brother, nephew, niece, aunts, uncles and cousins, who are like brothers to him. He grew up in a very extensive Korean-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. HUSBAND cannot move to Canada because his family, as he knows it, would be lost.

HUSBAND does not have any family or friends outside of the United States. Although he has interacted on a few occasions with my family, he has always been alienated somehow 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. I know that if HUSBAND was forced to re-locate to Canada, 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.

SON

We were told, HUSBAND and I, at the United States consulate, that SON will be granted the American citizenship as soon as he comes to the U.S. And like every proud father, HUSBAND 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. HUSBAND and I love each other deeply and want to provide our child with a strong and positive home. HUSBAND also wants to provide our child with the best education, the best medical care, the safest surroundings, and the love and support of his family. For HUSBAND, all of this is possible only while living in the United States.

If HUSBAND and I lived in the United States, our son, SON, will be an active member of HUSBAND’s extended family, which will support and help us with the upbringing of our son (His grand parents will be living with us). HUSBAND’s family is an integral part of his life and he could not imagine them not being closely connected to our son SON. Also, because HUSBAND and his close family live at CITY,STATE, SON will have the opportunity to attend the CITY school system that received the Malcolm Bald ridge award for 2002-2003. This would not be possible if we would have to live here. In fact, because we would be considered immigrants in Quebec, the local law would put us under the obligation to enroll SON in a French speaking school unless we move to the Canadian English provinces and start again from scratch.

I would like to mention that SON is starting also to show signs of the stress going on. Our son SON is past two years old, almost three, and he hasn’t yet been able to speak more than few words including “daddy” and “maman”. (Usually kids are at that stage at less than a year). I am very afraid that the stress we are living is having its effect on his ability to communicate. SON also only started to walk at 18 months. When HUSBAND goes back to New York, after he spends with us that day/ week-end a month you cannot imagine how we survive the days after that Sunday… he cries a lot calling for “Daddy” and during the following days he calls “daddy” any object that he usually likes. He also sleeps with the picture of his dad and carries it around.

In the absence of HUSBAND, I am trying to play the heavy roles of mother, father & family together but it has never been my wish that my son lives the way he does, without a father figure, without a warm family around, without family celebration of his birthdays as an example or even Christmas.

When SON was born, I was told that he only had one testicle down. A surgical procedure called in French “orchidopexie” had to be performed to save the other testicle remaining inside his warm little body. I proceeded right away to take appointments so he can have the surgery early; unfortunately, with the slow system in Quebec/ Canada where he is covered, and the very long waiting list (Even in the big city of Montreal at Saint Justine’s Hospital, a hospital which is specialized in Children and new mothers), he only could have the surgery at 18 months!! It was of course too late..

Beside the family bounding and the educational aspects, HUSBAND and I wish to offer our son, SON, a better medical system that we can count on.


FATHER-IN-LAW

HUSBAND’s father, FATHER-IN-LAW, is 66-years-old and suffers from heart problems and diabetes. He can’t always drive himself to the doctors so HUSBAND has to take him frequently. HUSBAND’s father’s declining health has created the need for HUSBAND to become even closer to him and move back into his parent’s home. HUSBAND currently values every moment of the time that they spend together. HUSBAND has also begun assisting his father in matters of daily life. HUSBAND’s father’s precarious health condition has caused him a lot of pain, so he cannot fathom the idea of having to leave his father, FATHER-IN-LAW (also a United States Citizen) has only seen his grandson once due to his health problems and he is constantly depressed about not seeing his grandson grow up. For HUSBAND, having to choose between his father or his wife and child has become a tremendous burden. If HUSBAND were unable to take care of his family, it would cause him additional psychological difficulties.


MOTHER-IN-LAW

HUSBAND’s mother, MOTHER-IN-LAW, is 66 years old and has lost over 20lbs (went from 97lbs to 74lbs) due mainly to the stress of not being able to see her grandson growing up. She could come see him but the heart sickness of SON’s grandfather makes it impossible for her to leave him. She misses her grandson dearly and is almost in tears when trying to communicate with him on the phone.


COMMUNITY TIES

HUSBAND has been an active member of CHURCH since he was 11 years old. He currently teaches Sunday school to 6th and 7th graders at his church. Currently, HUSBAND is taking one Sunday out of the month to visit me and our son. Removing these ties would also impact the community.


CITIZENSHIP

HUSBAND is a very proud American; he supports his country and will always support it. He was naturalized as a citizen of the United States and is proud to be a part of this great nation. The United States is the only country that he has known (he came to the United States when he was 2 ½ years old). He fully supports the United States with all that he is and all that he will be. And to imagine having to leave his country would destroy the pride he has in the United States and to even consider be forced to depart from there would only exponentiate the pain and suffering.


GOOD CHARACTER AND ADMISSABILITY

I am a family oriented woman with high moral standards. I am extremely sorry for the pain and suffering that my unlawful presence in the United States has caused my husband and his family. I know that my overstay was overly prolonged, and although I make no excuses for my behavior, I would like to mention that it was out of my character, and I have never engaged in any other illegal activities.

In fact, I moved to the U.S. in November of 1997 only to follow my newly married ex-husband who was my fellow countryman naturalized American citizen. I never intended to stay in the U.S. illegally. What happened then was very choking to me, I went through a lot of hardship with a husband who turned to be a womanizer with no purpose of building a family. I am coming from a respected family in my country. Before that November of 1997, I was involved in many projects and handled a couple executive positions with independent companies as well as NGO’s. Actually, I came twice before to the U.S., once to attend a seminary with the UNFPA. After leaving my ex-husband to New York City, I was very depressed, with almost no money ($320.00) and extremely anxious of coming back home to answer constant questions about my privacy and to be unfairly more accused by the large society.

I overstayed my visa but barely survived the hardship of living in fear, illegally, without the support of my family and having to work scarcely manual jobs with very high turnovers. It actually only enabled me, with my family helping, to go to “TRADE SCHOOL” in the hope to be sponsored by a company after graduation. In august of 2000, after a month and a half training without wage at “COMPANY” I was offered a position only to hear by its lawyer that my overstaying killed the possibility of any sponsoring. This is when I decided to apply to Canada for immigration; my sister had just emigrated there from my country and she gave me the idea to do the same. HUSBAND and I started dating about six months later, in spring of 2001.

A year after that, in February of 2002, I was granted the Canadian residency card and insisted on leaving the U.S. I was finally going to be LEGAL & live like everybody, without fear. My relationship with HUSBAND actually got even founder after I left and we married in October of 2002 in Montreal.

If given a second chance, I would respect all laws of the United States; not only out of fear of reprisal but also from a genuine love for my family, and a great respect for this country. Activities related to residing illegally in the United States of America express an isolated and unusual circumstance for me. I am deeply repentant, changed woman. I have returned to myself. I am goal directed, focused and thoroughly ethical and law-abiding. I have never presented any 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 HUSBAND and I. It is well documented that “family unity” is an important value unpinning the raison d’être 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 us, 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 us must be granted great weight while accessing what would happen to HUSBAND if I am 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 HUSBAND misses us painfully, he is anxious about our future and that of our son because it depends upon my status. However, these are considered herein to be “simply “ the backdrop of those others, previously listed hardships that, individually and when combined and interacting are severe. In other words, the enormous strain of being separated from his son and me constitutes a powerful hardship on HUSBAND.

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 HUSBAND’s elderly father’s fragile health conditions that would prevent HUSBAND from living in Canada with us. Moreover, he would lose his career and, not only his own income, but that of his parents if he were to leave the United States to be with his wife and child. HUSBAND 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 his church, would make it impossible for him to move to Canada without great risk to his psychological well-being.

If HUSBAND were unable to live together with us, 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 our son. 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 I were not admitted to the United States of America HUSBAND 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 Canada, it would put him, his father’s health and other family members economic well being at risk. Canada 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 parents. Most of all, by moving to Canada, he would set into 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, our son and his father and other family members.


Please consider our case and grant us this pardon. Without my husband, I lose not only a huge financial part of our household, but a piece of my heart as well. My son and I need him.

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Letter from Slubberry (USC):

UNITED STATES CONSULATE GENERAL
Attn: IV Issuance
P.O. Box 65, Station Desjardins
Montreal, Quebec H5B 1G1
Canada
Phone (514) 398-9695 ext.: 3833

Dear Consulate Officer:

I am writing this letter on behalf of my wife, WIFE. I have been without my wife and son for over 3 years and respectfully ask that you consider our I-601 waiver application. I have already suffered 3 of stress and remorse and cannot bear to wait 7 more years. Please consider my hardships listed below and do not hesitate to call me day or night if you have any questions.

Financial situation.

I am currently employed by COMPANY NAME. as Chief Technical manager receiving $$$ per year salary as Chief Technical manager. My mortgage payments are $$$ per month. I have spent 6 years building a strong relationship with my employer and our customers. If I were forced to move to Canada, I would have to start all over again.
My parents are on a fixed and depend on my brother and I for supplemental financial support. My parents live in my house and they would lose housing if I was forced to move and sell(which was purchased in 1999). They receive $$$ /month from Social Security and they have XXX dollars per month in medical bills that Medicare does not provide.
I have arranged from my employer to have health insurance for my family (see attached letter) and would lose that if I were to leave the U.S.

Psychological

Please see details of my psychologist's letter, explaining in detail, to my psychological problems.

Family

I grew up in a very close Korean-American family and we depend on each other for support. We have several gatherings a year to celebrate each others birthdays, holidays and personal milestones. In the Korean culture, there are several milestones in a person’s life. The birth of the child (especially if the child is a son ), the 100th day of the child’s life, the 1st birthday, their 60th birthday, and every 5 years after. Because of our separation, my family and I have missed SON’s birth, his 100th day, and his 1st birthday. Besides the cultural milestones missed, my family and I have missed his first steps, his first word, and the first time he said “mommy” or “daddy”. My grandmother, who passed away in 2003, died without ever seeing her granddaughter and great grandson. I will always regret this for the rest of my life. I am desperate to make up for all the lost time with my wife and son.

Because of my work schedule ( I work 6 days a week ) and my Bible study class ( I teach 6th and 7th graders in Sunday school ), I can only afford to see my wife and son once a month. I drive to Montreal on Saturday afternoon and arrive there at 10:00PM. I spend the night there and leave at 2:00 AM Monday morning to be at work by 9:00AM. It is extremely heartbreaking having to say goodbye to my wife and son. My son is so used to me not being there when he wakes up that he sleeps with me every night I am there holding my shirt as to make sure that I do not leave. Every time I leave, I have to leave my son crying for me and my wife trying to consul him.

My father has a heart condition and diabetes and because of his health (see attached for his prescription and health condition ), my father has only visited his daughter-in-law and grandson once. Because of his health, I had them move in so I can help take care of him. He is extremely worried about my family life and shares the pain of our separation. My mother is in tears after getting off the phone with her daughter-in-law and her grandson. Both my parents are anxious about having us in their lives. Even though my brother lives close by, he cannot help with me with my parents because he has 2 children of his own who are always in and out of hospitals and doctors. I am responsible for taking my parents to doctor visits, getting prescriptions filled, making sure that my father is following his doctor’s advice and for translating documents for him.

SON

My son, SON, is also suffering from extreme emotional stress. Whenever I come to visit them, he is extremely happy and will stay up way past his bedtime to greet me. When we are together as a family, SON is very happy and talkative. He is always following me around to make sure that I does not leave. He wakes up several times a night and cries “daddy” to make sure that I am not gone. When we go outside, he immediately goes towards my car and eagerly waits being put into his seat. He greets everybody on the street points to me and says “DADDY!”.

When I leave, SON wakes up crying for me not to leave him. He cries to the point of vomiting. He heads for the closet, grabs his shoes and coat and begs to go with me. It is very heartbreaking to see for both my wife and I. After I leave, he refuses to go to sleep for several hours. When he gets up, he immediately cries for me. At day care, he becomes extremely unruly and the educators at day care immediately know that I visited him. He does not want to play with the other kids and isolates himself from the other children. When I call him, he sits there quietly with a smile and listens intently to his my voice. He does not say much, he just listens. I talk and sing to him until he falls asleep.
SON needs his parents dearly for emotional support and as a role model. He needs to learn the importance of the family unit and cannot do so when he is separated from his family. He also needs to know his cousins so that they can bond and be able to trust each other for support later on in life. SON is at a very critical time in his psychological development and needs to be with his complete family for his mental development.

Cultural

I have lived in the U.S. for over 30 years and I consider this to be my mother land. I have no close family members in Canada and other than my wife’s sister, do not know anyone in Canada. Because of the language barrier, I cannot communicate with my sister-in-law and I usually sit quietly playing with SON while everyone else talks.

Citizenship

I am a naturalized citizen and would deeply regret having to start over in a new country. The U.S. is the only country that I have ever remembered living in ( I came to the U.S. when I was 2 ½ years old ). I consider the U.S. to be my home and I could not imagine living anywhere else.

GOOD CHARACTER AND ADMISSABILITY

My wife left the United States because she could no longer deal with the moral dilemma of breaking the law. She left on her own accord without any immigration proceedings whatsoever. She deeply regrets her overstay and all the pain and suffering her overstay caused our family.

********

Per Slubbery:

I originally sent in about 60 pages of supporting documents:
Doctor's letter for my father and mother's condition
Evaluation from psychologist
mortgage statements
doctor bills for parents

For RFE, I sent 300+ pages of bank statements
insurance
Letter from employer

[Cynthia]

This is a letter Courtesy of Member ktmmansgal ~ VERMONT


Letter approved through Vermont. Written by ktmmansgal.

CONSULATE GENERAL OF THE UNITED STATES OF AMERICA
1095 West Pender Street
Vancouver, BC V6E 2M6

Case Number: xxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx

March 23rd, 2006
Hardship letter on behalf of United Kingdom citizen spouse xxxxxxxxxxxxxx written by United States citizen spouse xxxxxxxxxxxxxxxxxx
This petition is submitted for an I-601 waiver for grounds of ineligibility. xxxxxxxxxx (UKC) was found to be ineligible to enter the United States of American with a K-3 visa as a result of Section 212(a) (2) (A) multiple criminal convictions from over 22 years ago. The UKC respectfully request the waiver be granted per 212(h) (1) (A) and 212(h) (B). Included are the details of the extreme hardships to xxxxxxxxxx (USC) xxxxxxxxxxxx (UKC) is denied entry to the United States of America.
I, the USC, declare under penalty of perjury, under the laws of the United States of American, that the forgoing is true and correct.
MEDICAL
The USC suffers from menopausal and hormonal disorders that require constant monitoring from her family physician, xxxxxxxxx (Attachment A). This condition is acerbated by increased levels of stress for which she is experiencing due to the being without the companionship of her husband. The medical association reports that chronic stress can cause blood flow to increase, which in turn causes blood pressure to rise along with blood sugar. USC’s mother suffers from high blood pressure (hypertension) and her grandparents both suffered from adult onset diabetes. The likelihood of USC to become burdened with either or both of these conditions is extremely high.
Recent evidence confirms the association between stress and hypertension. Hypertension can cause stroke which can cause paralysis, speech problems and can in some more severe cases, cause death. The stress associated with relocating, leaving family and loosing financial stability would cause life threatening, if not deadly complications to the USC’s health due to the way in which USC’s body handles stress. (Attachment B)
More recently the USC was diagnosed by xxxxxxxxxxxxxxx, an Orthopedic Specialist and Surgeon with a Patellar Disorder of the right knee and is in the early stages of arthritis in both knees. (Attachment C) USC’s doctor has prescribed an intense course of physical therapy and prescription Anti-inflammatory medications to reduce swelling and relieve pain and to re-align the right kneecap which is severely miss-aligned. If USC were to be forced to live in England USC would be placed on a waiting list to be considered for physical therapy which would not guarantee her treatment. The severe pain USC would experience in waiting could render USC immobile which would cause a tremendous burden on UKC. In addition, because of the immobility, the condition would affect her ability to be gainfully employed while waiting for treatment. USC needs to have regular and monitored treatment by her trusted Orthopedic Surgeon and Physical Therapist xxxxxxxxxxxxxxx. (Attachment D)
In addition to the above health information and concerns that USC has, USC is also concerned with any future surgery or a hospitalization she may need to have if forced to re-locate to the UK because of the growing concern with deaths due to MRSA (Attachment). MRSA is a super-bug that has risen by nearly 22% between the years 2002 and 2004. Safe and clean situations in hospitals are extremely important to getting the care and attention someone that is hospitalized requires. Just knowing that this bug is growing at such an alarming rate is further evidence why the USC would ask that UKC be granted the right to live with her in the US. USC should not be forced to leave the US and face possible death if required to be hospitalized.
CHILDREN
The USC has four sons xxxxxxxxx, xxxxxxxxxxx (passed away 12 years ago at the age of 15), xxxxxxxxxxx 26 and xxxxxxxxxxxxx 16. USC is very close and in constant contact with her living children and would suffer undue stress which would contribute very negatively to her existing health concerns. The inability to visit the grave of USC’s deceased son would severely impact USC’s ability to grieve his loss in a healthy way. In fact, by not having regular access to his gravesite USC would likely regress in USC’s healing process and the chance of the depression she severely suffered from after the death of her son re-surfacing in a potentially dangerous level. (Attachment F)
USC’s two oldest living children are currently planning on getting married to their girlfriends and would likely start families of their own within a few short years. USC would suffer the separation and lack of ability to form deep and lasting relationships with her future grandchildren causing additional stress to USC. Not being there to advise and experience the family union that USC has with all USC’s sons and their intendeds would be emotionally devastating to the USC.
xxxxxxxxx is the youngest son of USC. xxxxxxxxxxx father has never been in his life and, xxxxxxxxxxxhas chosen to file a paternity suit (Attachment G) against his father which would force interaction. xxxxxxxxxxxx would not be able to follow through with this and receive the birthrights he is entitled to through his grandparents or his father. xxxxxxxxxxxxx Grand-father through his blood father has expressed an interest in having a relationship with xxxxxxxxx as he is this mans only grand-child; if USC were forced to relocate USC would relocate her son as well. USC has sole and total custody and responsibility for this child. xxxxxxxxxxx has a good relationship with the UKC and looks forward to him living here and developing a healthy relationship with him as a stepfather. Having a constant father figure in his life would be invaluable to his emotional development and well being.
Several organizations, such as the Center of disease Control, U.S. Bureau of the Census, U.S. Department of Justice have conducted studies and found that children that have grown up without father figures in their lives are 5 times more likely to commit suicide, 32 times more likely to run away, 20 times more likely to have behavioral disorders, 9 times more likely to drop out of school, 10 times more likely to abuse chemical substances and 20 times more likely to end up in a prison. Criminal behavior experts and social scientist are finding intriguing evidence that the epidemic of youth violence is related to the breakdown of the two-parent family. The National Fatherhood Institute reports that 19 million children live in single-parent homes. Nearly 75% of American children living in single-parent families will experience poverty before they turn eleven. Only 20% in two-parent families will experience poverty. The feminization of poverty is linked to the feminization of custody, as well as, linked to lower earning levels for women. Greater opportunity for education and jobs through shared parenting can help break the cycle. (Attachment H).
xxxxxxxxxxx does very well in school but, this has not always been the case. xxxxxxxx suffers from OCD Obsessive Compulsive Disorder, which becomes worse with stress and changes in his social situation. xxxxxxxxxxs grades suffered tremendously during a time when USC moved to three different schools within 3 years of his education. This situation caused xxxxxxxxxxx tremendous stress which created a 5-year pattern of difficulties in his schooling and his behavior.
USC was able to create a stable home for xxxxxxxxx which has kept him in the same schools for the past 4 years. (Attachment I) xxxxxxxxxxx has improved slowly and currently is holding a 3.4 grade point (Attachment J). His teachers have excellent comments about him and his dedication and support to his education – xxxxxxxxxxx has become self-disciplined and self-assured in his success. It would be devastating if xxxxxxxxxxx were forced to leave with USC to live in the UK and USC would be devastated if she were forced to choose between her child and her husband.
The UKC has not had the privilege of experiencing fatherhood. The UKC considers it an honor and privilege to have the opportunity to participate in Reese’s life and to have the availability to be a positive roll model and to give him the opportunity to experience a complete and loving family.
ADDITIONAL FAMILY TIES IN THE US
The USC has a close relationship with her mother and Siblings. USC’s mother is dependent upon her children for transport to and from doctor’s appointments, to purchase groceries and for any other needs she may have requiring transportation. USC’s mother also suffers from arthritis in her hands and feet and cannot walk for long periods of time or go up hills or climb stairs. As USC’s mother grows older she will require more and more assistance, it is imperative that the USC is available to her to assist in USC’s mothers needs. USC’s mother recently turned 75 and due to her conditions could suffer a stroke or be confined to a wheel chair from the arthritis in her feet or worse yet, die from a stroke. USC’s Mother is very close to her youngest son Reese and if she were to be forced to not see her grandchild whom she has the closest bond of all her grandchildren, it would elevate her stress thereby acerbating the hypertension she suffers from.
USC’s closest sibling whom USC shares the responsibility of tending to USC’s mothers needs is currently undergoing radiation treatments for testicular cancer for which he was diagnosed with five months ago. Due to USC’s brother additionally suffering with the effects of Diabetes, it has caused USC’s brother to be very weak and therefore not able to assist he and USC’s mother to the extent he normally would (Attachment K). The doctors have not assured USC’s brother that the cancer is completely gone to date and being close to assist her brothers family has been a regular event since her brother was diagnosed. It would be even more helpful to have UKC here to assist USC and her family in tending to the needs of her aging mother and to help her brother.
UKC has lost both of his parents and has not maintained connections with his siblings in England and has no children of his own. Therefore he would not be required to sever any family connections, responsibilities or bonds in England.
USC’s Brother has two children for whom the USC is also very close. USC’s youngest son, Reese considers his cousin, USC’s brothers’ son, his best friend as they are very close in age. In addition, the USC has a friendship with her brother and his family and they socialize regularly and have participated in several 200 mile bike rides together while her brother was well. USC has high hopes for her brother’s recovery. But being forced to move and loose this connection would be devastating to USC.
USC’s sisters live several states away but USC and USC’s sisters remain close USC’s older sister has never been able to have children of her own and therefore have been afforded the opportunity to assist in the raising of USC’s youngest son while living close to her for several years. Because of this, the bond that was developed between USC’s Sister and Brother in Law to her youngest son, as Aunt and Uncle continues to grow deeper every year. USC’s youngest son spends two weeks every summer with his Aunt and Uncle. If USC were forced to relocate to the UK all of this would cease as the cost of doing so would be prohibitive to both USC and USC’s sister, therefore this would deprive USC’s son of a healthy relationship for which he has become accustomed to.
USC other sister lives in Illinois but USC and her sister have remained very close as USC and USC’s sister meet for vacations regularly. USC’s Eldest Niece the daughter of this sister is and has been as close to a daughter as the USC has ever had and her niece visits with her children to Washington State and continues to look upon her Aunt the USC as her second Mom. If USC were forced to relocate her niece and children would not be able to visit due the time and cost factors associated with travel to the UK – thus severing a bond and family tie with this member of her family and her children.
USC would find it next to impossible to visit USC’s siblings regularly and maintain the level of relationship USC currently has with them if USC were forced to reside with UKC in the UK.
FINANCIAL AND EMPLOYMENT
USC is currently employed by The xxxxxxxx Company and enjoys an excellent salary and benefits package. USC has received extensive training that required time and money she would feel were wasted if required to relocate. USC also has a xxxx Company Stock Grant that she would have to relinquish at the current value of $8200.00 because she would have to leave the company prior to the required vesting period associated with completing USC’s Bachelors Degree. (Attachment L)
USC would have to give up a Management position in xxxxxxxx Company for which USC was most recently been promoted to (Attachment M). USC has invested time and energy in her career and would be devastated if she were forced to leave at this late point in USC’s career. The xxxxx Company invests in its employees by providing the highest level of education free of cost and if USC were forced to relocate, she would not be able to continue with that educational desire to earn a Masters Degree in Organizational Development. USC’s current plans are to begin this program in the fall of 2006. If USC were forced to live in the UK for any length of time, it would destroy her career and future prospects.
USC is nearly 50 years of age and unlike the US, in the UK there is age discrimination as far as, employment opportunities are concerned. Finding a comparable position within the UK would be virtually impossible due to the job market prospects and the low paying jobs primarily in the travel and tourism industry that are prevalent in the Lakes District where UKC resides. (Attachment N).
Moving to the UK would place USC’s retirement in jeopardy as well. If USC were to leave the company she works for prior to reaching retirement age she would loose 40% of the retirement benefits she has currently worked 20 years to acquire. The USC also participates in a 401K Savings plan through her employer where by they pay 75 cents on the dollar for everything USC contributes up to 8%, this combined with the loss in retirement benefits would severely prohibit USC’s ability to experience a comfortable retirement and limit USC’s ability to be fully self-sufficient and not be dependant upon the state for additional support due to issues involved in aging. The UKC’s retirement benefit would not suffer in any way and would transfer to the US without penalty. (Attachment O)
USC owns a home in the US and would be forced to sell this home if the USC was required to relocate to be with UKC in the UK. USC’s home is in a highly desirable location and USC’s home is an investment in USC’s retirement as well. USC has worked hard to acquire this home, USC has done this completely on her own merits and would be devastated if required to relinquish this home prior to UKC’s intended retirement. The cost of Real Property in comparable to what USC currently owns would cost approximately 100 thousand more dollars and the earning power to afford to purchase is not the same as it is for USC in the US and this would not allow for USC and UKC to live in or even close to the standard of living that the USC currently is afforded. UKC currently rents a 1 bedroom apartment that is approximately 450 square feet for 800+ US Dollars. (Attachment P)
HEALTH CARE AND BENEFITS
USC is also afraid of the standard of health care that would be available to her family should they have to move to the UK, the USC does not believe that in anyway the level of healthcare is comparable to what she currently is afforded for both herself and her family in the US. All members of the family are fully covered by The Boeing Company Health Care Plan. This plan will also cover UKC’s youngest son should he go to College as it did with her older sons. In the US, the family is covered for all treatments, including optical and dental and would receive immediate treatment for any surgeries or illnesses.
Healthcare in England is a concern. Doctor shortages are causing patients to wait over a year to receive medical treatments. You are limited by the Doctors and the Hospitals by the area in which you live – It can take up to a year to get an appointment to register with a doctor and if the General Practitioner feels you need to see a specialist it can also take as much as 6 months to a year for an appointment. The UKC experience shows proof of the complete lack of preventative and immediate care that is available to UKC. UKC was prescribed Physiotherapy by his regular doctor 6-months ago. The UKC has been waiting for an evaluation for potential care since that time. That does not even guarantee that he with get the therapy. (Attachment Q)
The National Healthcare System itself reported that patient suffering from heart disease, stroke or breast cancer die earlier and un-necessarily compared to other countries. The government’s plans to pour billions into the system may be doomed to failure according to an international study that exposes how far the health services lag behind other western countries. A two-year research project shows that the Nation Health Service is one of the least effective and ranks among one of the poorest on all key measures.
Hospitals are another overwhelming issue. Hospitals suffer a shortage of Doctors leading to poor care and lack of proper treatment. At times patients are left in the care of medical students with little or no supervision. MRSA (Methicillin resistant staphylococcus aureus) cases have increased by 600% in the past decade and are expected to double again in the next 6 years. The infection is caused by over crowded hospital wards and medical staff not using good hygiene from patient to patient. (Attachment E).
These issues would not be a factor if the UKC was allowed to immigrate to the United States. The USC has health, dental, vision, and life insurance through USC’s employer. In fact, the UKC is already covered for certain medical conditions through the USC’s Insurance coverage under international policy clauses. This would allow the USC to continue treatment with USC’s current doctors and also allow the UKC to make healthcare choices.
EDUCATION
USC’s youngest child xxxxx is currently a sophomore in High School. Due to the increase in his grades he is getting requests and invitations to attend colleges and universities both in and out of the State of Washington – more than likely unless xxxxx is granted a scholarship he will attend a community college close to home and finish his education at a local university beyond that. If xxxxx were required to re-locate with his USC to the UK, the cost factor alone would not allow him to begin a college education due to the loss of monies USC would suffer in the move to the UK and the diminished employment opportunity as well. This would devastate xxxxx and his mother the USC, which would likely place xxxx in a more difficult future path and reduce his earning power an ability to ease into a career in a less than stressful situation due to the lack of education he would have acquired in the US.
USC has plans on entering a Masters Degree Program in the fall quarter of 2006. This type of degree program does not exist in the UK and therefore USC would be required to abandon her future educational plans for which she has been substantially rewarded through her employment with The xxxxxCompany. USC would also loose out on an additional Company Stock Grant for completing the Masters Degree program and any other promotions USC could have gained because of the increase in educational level.
PSYCHOLOGICAL
The Holmes-Rahe scale rates USC at over 700 points. (Attachment R) There is an 80% chance of developing a serious health condition if you receive a score of 300 + points. This is extremely disappointing to USC that the undue stress surrounding the separation that USC and UKC experience due to Visa Process as well as, all the other factors contributing to it. If the UKC were to reside in the US with the USC, UKC would be available to offset the responsibilities that led to the high score.
In 1967 Thomas H. Holmes, M.D. and Richard H. Rahe, M.D. published "The Social Readjustment Rating Scale" in the prestigious Journal of Psychosomatic Research. This scale measures vulnerability to medical illness as a result of stress. It is now famous and still widely used; 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 predicting vulnerability to medical illness. For instance, a marital separation would accrue 65 LCU's and an outstanding personal achievement would accrue 28 LCU's. In other words, significant life changes, positive and negative, 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. Pre-existing conditions are presumed to be highly vulnerable to exacerbation. The predictive ranges of the SRRS are:
LCU 0-150: No significant risk
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
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. I will be subjected to several factors whose interactions contribute exponentially to my experience of hardship. Each interacts with the other in a manner that heightens their mutual impact. Therefore, the totality of hardship factors exceeds measurement.
GOOD CHARACTER AND ADMISSIBILITY
Personal section omitted
Twenty-two years have passed since the conviction of UKC’s crimes. UKC has terrible regret and is still very ashamed of what UKC had done. Since that time, UKC has turned his life around and is completely rehabilitated and has chosen to be a good and productive man. UKC did learn the error of his ways and has made many changes in his life for the benefit of not only UKC and his family but for the community as a whole.
UKC has worked hard to improve his qualifications to be an upstanding member of the community as well as, improve his educational credentials. UKC enrolled in and completed further education at UKC’s own expense for a two-year City and Guilds Diploma which enabled the UKC to be eligible for management positions within the construction industry. His qualifications would allow him to easily enter into similar management levels in the construction field and other fields if so desired in the US.
As further proof of UKC’s rehabilitation, UKC was employed by the Environment Agency as a Water Bailiff. In this position, UKC was granted the powers of a constable (i.e. police officer). UKC apprehended and arrested several individuals for breaking criminal fisheries law and also was required to work very closely with police enforcement agencies. Because of the need to work closely with the police enforcement agencies, the UKC completed several police training courses. To be accepted by the police force as an equal is quite and achievement and proves to UKC’s ability to be a trusted and respected individual and community member.
USC believes the UKC would be an asset to the United States of American and would be a productive member of the community in which the USC lives. UKC would never cause harm to society and very much regrets his past crimes. UKC hopes that all his actions and rehabilitative efforts have proven him to be an honorable and upstanding citizen as documented in the attached letters of character reference (Attachment T).
UKC would hope that the extreme hardship of the USC will warrant a favorable decision and allow the UKC to immigrate to the United States on the K-3 visa so that UKC and USC may be united as a prosperous and loving family.
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” is part of the intent of U.S. immigration law [for example see Title 8, Chapter 12, Subchapter II, Part II, section I, pp. 64 and 65]. Although, it is a function of law to provide legal definition and recognition to this marriage between USC and UKC, 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.
The current enormous strain of UKC and USC living apart as husband and wife, and the possibility of being forced to re-locate to the UK if USC is denied the waiver and right to live in the US with USC, constitutes a powerful hardship to USC. The additional hardships in this letter on top of this one culminate to being potentially and actually subjective to extreme and unusual hardship.
In short, if UKC is not admitted to the United States, USC will be placed in an impossible dilemma. Because the marriage has occurred in its full sense, profound devotion and loyalty will move UKC to re-locate to be with UKC as husband and Wife which would leave USC in a very tenuous situation.
I, the USC xxxxxxxxxx, wish nothing more than to have xxxxxxxxxxxx, my husband, the UKC, granted the right to immigrate to the United States, of which USC is a proud citizen. USC respectfully asks that you allow this application for a Waiver of Excludability and grant the UKC the right to join USC and extended family in the United States of America.

Thank you for your time and attention in this matter.
Case Number: xxxxxxxxxxxxxxxxxxxxx

USC - xxxxxxxxxxxx

[Cynthia]

HSL Courtesy of member Mars – Vermont

Extreme Hardship Statement.

My name is xxxxxxx and I am a U.S Citizen. I have been married to my wife xxxxxx since January 30, 2004. My wife currently resides in Canada with her parents. I filed I130 (Immigrant Visa) which was approved and sent to Montreal for the Visa interview. The interview was conducted on February 17 2006. At the interview, we were informed of the need to submit Waiver Forms I-601 and I-212. Along with the waiver, I’m attaching related documents including my statement covering the extreme hardship of my present situation.

Xxxx (wife) arrived in the United States May 1997, at the age of 16 to join her parents who had arrived three years earlier. She entered the country with a Visitors Visa and was unaware that an extension application was required. Her visa expired on November 1997 and an asylum was filed for her on March 1998. Wife was out of status for those four and a half months. Wife and I met in Chicago in 2002, many months prior to her leaving for Canada. I was not in a position to marry at the time, because I was finishing up my college at Robert Morris University. Wife parents voluntarily decided to leave for Canada on February 2003. Several months after they left, their appeal was scheduled with a court hearing set for May 2003. Since her family was living in Canada they could not attend this hearing, or a subsequent hearing, with the result of that a deportation order was signed on May 2003.

I am extremely anxious and concerned, because wife family was denied immigration in Canada on January 2006. They have filed an appeal which is currently in process. If this is denied she will be departing for Pakistan with her parents. With all the current chaos and violence in Pakistan, it would be extremely difficult for me to live in Pakistan with wife. Since I am a U.S Citizen and Indian by origin it would be difficult, as I do not speak the language. I have been in the United States since the age of 5 and have been educated in American schools. I’ve been raised with the American culture and customs and all my friends and family are here. It would seem impossible for me to adjust to a lifestyle anywhere else.

Currently I am a permanent employee at the ABC Co. I love my job and have just been promoted as a Network Engineer. To live with my wife would require terminating my position and ruining my career. My plans on furthering my education would also be impacted as my work is currently in the process of enrolling me into 5 courses for Cisco VOIP to manage our VOIP system. Everyday at work, I’m constantly thinking of my wife and wondering when we will be together.

Unfortunately this situation has affected me emotionally and medically. Constantly thinking about living apart from my wife has made me emotionally depressed. I have an extremely hard time sleeping, eating, and I am constantly feeling discouraged to do anything. My doctor has put me on medications for Depression and Anxiety. I have missed out on my friends’ marriages, parties, and gatherings because of feeling depressed and don’t feel right attending them alone. Loss of time together is loss of life, as my wife and I are apart from each other. (Please see attached document for medical diagnosis).

I do try to visit my wife whenever possible. The visits have been adding up and have been affecting me financially. My bills and payments fall behind but this is the price I must pay to be with wife. In addition, my work has further been affected, because I need to take time off from work, resulting in a verbal caution due to time off from work.

My mother and father live with me in my house. My mother does not work and my father is preparing for retirement. They are living with me and it is my responsibility to look after them. To desert my parents and go live with my wife would be truly devastating. At my current age of 30, I have hopes to start a family. I want my children to receive the same opportunities that I have received in my country.

At this difficult time, I ask for your sympathy and your urgent assistance to fulfill my dream of living together with my wife. I pray for your concern and consideration with hopes that my country will unite my wife and myself. Thank you.


Sincerely,

[Cynthia]

HSL Courtesy of member ykelly1 – in-country, Florida

To whom it may concern,

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

I am submitting this affidavit in support of the I-601 Application for Waiver of Grounds of Inadmissibility for my case, (A# XXX).

Emotional

The emotional hardship that my wife, USC would endure if this application is denied would be devastating. She is currently seeing a Licensed Mental Health Counselor to help her deal with the extreme stresses the application process has placed on her. The stress upon my wife has manifested itself in the form of her intentionally harming herself, and I fear that if I were deported that the stress would be too much for her to handle and she would harm herself to point of needing medical attention on top of mental health care.
The emotional stress of my being deported would also affect three United Stated born citizen children. USC’s first daughter, Daughter1 is twelve. Although not my biological daughter, I have grown to love her as my own and have been the only father figure she has known since she was three. Our daughter together, Daughter2 is now four. Since birth, she has lived in a stable home environment with both parents. Because of my being unemployable in the United States, I have been the primary care-giver for our children. We have recently found out that we are expecting another child, due in mid-April of 2007. It is our vehement desire that our children be raised by both of us as a single family unit.
If I were to be deported, I know that USC would try to move herself and the girls to Jamaica to keep our family together. This would result in a legal custody battle with her ex-husband, as they currently have joint custody of Daughter1. The custody battle would cause even more emotional stress on USC and Daughter1.

Medical

As previously stated, we are currently expecting another child, due mid-April of 2007. Both of USC’s previous pregnancies have resulted in cesarean section births. She suffered from hyper-emesis and Pregnancy Induced Hypertension (PIH) during her last pregnancy. Because of these risks, her pregnancy must be observed and her birth attended by a medically trained and skilled obstetrician. According to the World Health Organization (WHO), only 73.7% of births in the Caribbean are attended by a skilled attendant, while in North America the rate is 98.9%. In a study from 2000, the WHO estimates that the risk of maternal death is much greater in Jamaica compared to the United States. According to this study, the risk of maternal death is Jamaica is 1 in 380 births; the risk of maternal death in the United States is only 1 in 2,500. Additionally, child mortality rates are higher in Jamaica. According to the WHO, the child mortality rate in Jamaica is 21/19 (male/female) per 1,000 children and only 8/7 (male/female) per 1,000 children in the United States.
Furthermore, USC’s current employer offer medical coverage that will pay for all of USC’s pregnancy related medical expenses, with a minimal co-payment. If forced to move to Jamaica, she would not have such coverage and would have no way to pay for the medical treatment required.

Financial

Our current financial situation is sufficient to provide for our family. We have an outstanding mortgage of approximately $XXX and credit card debt of approximately $XXX, on top of regular monthly bills. If I were deported, it would be impossible for USC to maintain her current standard of living. Because I have been the primary care provider for our children, if I were deported USC would have to pay for child care for our children. This would place an even greater financial hardship on USC.
If forced to move, it would be impossible for her to pay these debts because of her lack of education and employability in Jamaica.

Family

USC is very close with her parents and three sisters, all of whom are United Stated born citizens. USC lives in close proximity to both her parents and two of her sisters, because of this not only USC, but our children are very close with them as well.
On top of USC’s family, most of my family also lives in close proximity. My mother, sisters, aunt and uncle all live close by. I have a close relationship with my family, as do my wife and our children. If forced to move, the emotional duress would not only impact USC, but our children, my family and her family as well.
I was brought to the US at the age of 8 and have lived here ever since. The US is the only place that I consider home. I have no family that I know currently living in Jamaica. I would have no where to live and no-one to turn to for assistance if deported. I know that this would cause even greater emotional duress to my wife and family.

Lack of Studies/Career Development Opportunities

USC has an established career with XXX, where she has worked since August of 2004. She makes approximately $XXX per year. Her employer offers benefits that include medical, dental, mental health and vision coverage. With her lack of education, limited job skills and high unemployment rate in Jamaica, it would be fairly impossible for her to find employment in Jamaica that would allow us to live in as safe and healthy environment that we have attained in the United States. In 2005, the unemployment rate in Jamaica was 11.5%, while in Florida the 2005 unemployment rate was merely 3.8%.
Daughter1 has been enrolled in the Florida school system since kindergarten and has done well. She has been on the Honor Roll many times since starting school. Daughter2 has recently begun attending pre-school, through the state’s Voluntary Pre-Kindergarten program. It would be an extreme hardship for our children to maintain their academic level, if forced to leave their current school system.

Conclusion

USC is a proud American born citizen. Her father served in the US ARMY for over twenty years. One of her sisters has previously served in the US Air Force. One of her brothers-in-law is currently enlisted in the US Air Force. The sense of American pride runs deeply in her family, as well as in our children. If forced to leave, their citizenship would be jeopardized and would only intensify the emotional stress of moving.

We ask that you would please consider our family when making your decision. If I were to be deported, it would cause an extreme emotional and financial hardship to my wife, our children and our families.


Sincerely,



Alien

[Cynthia]

This hardship letter was Clare's. It was adjudicated in Canada (for a K1 visa). An RFE (request for information)

Affidavit from ALIEN

I, ALIEN (last name), declare under penalty of perjury, under the laws of the United States, that the forgoing is true and correct.

Introduction

I met my fiancé, USC, a born United States Citizen, while visiting the continental United States, in Pennsylvania, during the month of September 2001. USC is the mother of two born United States Citizens, and divorced three years at time of meeting.

Upon one of my visits to the United States I got refused at the border due to my criminal history, charges stated above, I then proceeded to make the I-192 Waiver Application. This application was granted and I received the I-194 Entrance Waiver. I visited my fiancé and her children on occasion, last visitation from June 4th 2003 to August 28th 2003. During these visits we started to become more of a family.

Emotional

The emotional hardship that my fiancé (USC) will endure if this waiver application is denied will be nothing short of devastating. The current stresses of the entire I-192/I-194 waiver process, the K1 Visa process, and this subsequent I-601 Waiver has taxed my fiancé emotionally and physically. This emotional stress impacts two more United States Citizens, that being her two children. The emotional stresses that they have had (children’s names) Children of fiancé and both USC’s) through their lives with the divorce of their parents is nothing short of damaging. I have grown to love these children and have developed relationships with each of them. Denial of this waiver would bring them even more emotional stress then that of which they are dealing with now. This would bring untold harm to these children with direct emotional stress on their mother, my fiancé, USC. If USC was forced to move to Canada the then ensuing legal ramifications in a custody battle with her ex husband would shatter the children emotionally and bring extreme unknown debt and emotional trauma to USC, my fiancé, and her Children. (EXHIBIT “B”Letters from therapists)

Financial

The financial status of my fiancé (USC) is encumber some, with an outstanding mortgage of $xxx, and outstanding second mortgage of $xxx and credit card debts of $xxx , if she was forced to move it would be impossible for her to cover the debt because of her lack of education, employability in Canada, and currency exchange differences from Canada to the United States. This would also have adverse affects on her credit history, and her reputation as an accountable, responsible citizen. (Exhibit “G” Mortgage statement, Exhibit “H” Bank Loan, Exhibit “I” credit card statement)

Family

USC, is very close with her family of two sisters (Born USC), their spouse’s and children, and her parents. Separating her from her family would increase her emotional duress. She has a very close relationship with her family and is with daily contact with both her sisters and her parents. If she was forced to move the impact here would not only affect USC, but her children and her family as a whole. They all live in close proximity of each other. (Exhibit “E” & “F” Affidavit’s from Parents and Sister)

LACK OF STUDIES/CAREER DEVELOPMENT OPPORTUNITIES;

USC has an established career with The (company name) since January 1993, and derives an income of approximately $XXX per year. With her age, lack of education and limited skills it would be impossible for her to maintain the same level of employment standard, or even a level that would allow us to live in a safe and healthy environment, that she has attained at home in the United States.
Her children have attended the New Jersey school system since school age and have done very well. Her daughter has been on the Honor Roll for many semesters since grammar school. It would be an extreme hardship for them to maintain their grades and educational level if they were to leave their school system. It is important for her children to complete their schooling in their own country, and allow them to develop into adults that would contribute to the economic and social state of their country. (Letter from Employer, Exhibit “C”)

Citizenship

USC is a very proud American, she support’s her country and will always support it. She was born a citizen of the United States and is proud to be a part of its great nation. She fully support’s the United States with all that she is and all that she will be and to imagine having to leave there would destroy the pride she has in the United States and to even consider be forced to depart from there would only exponentiate the pain and suffering. Also the status of her children’s citizenship would be greatly affected and have serious repercussions.

Community Ties

She is a member of XXX Middle School's PTA and a member of XXX Church. USC previously served as team parent for her son's soccer and baseball teams and is actively involved in her daughter's sports accomplishments in soccer. Removing these ties would also impact the community, her children, and herself. (Exhibit “D” School records)
USC will have unusual extreme hardship going on with her life if I, ALIEN am denied entry into the United States.

Sincerely,


ALIEN’S SIGNATURE

[Cynthia]

This letter is from Kenaly. this was approved for CIMT through Vermont for Montreal Consulate. It took about 8 weeks to approve.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Cynthia]

This is a letter Courtesy of Member reynatejana ~ Montreal, Canada

RE: Immigrant Visa Case of: ALIEN"S NAME
Case Number: MTL........

HARDSHIP TO THE U.S. CITIZEN

I, USC, USC present the following reasons that will create a hardship for my minor children and I, should my husband, ALIEN case receive an unfavorable review. Issuing an approval of an I-130 for a spousal visa, the United States government has formally and legally recognized the validity of the marriage between myself, USC and ALIEN. It is well documented that “family unity” is an important value unpinning the raison d’être of the United States of America and that actions to “assure family unity’ are part of the intent of the United States immigration law.

INTRODUCTION

I met my Husband while in High School at James Bowie High School back in 1991. In August of 1997 we became very close and spent many months getting to know each other on a more personal level. We eventually admitted to one another that we were in love and a year later, on May 30, 1998 we were united in marriage in my hometown of Austin Texas. My husband gained more than a wife, he also became a stepfather to my 2 year old son, 1ST SON. ALIEN and I later had two children together, 2nd son, age 6 and 1ST DAUGHTER, who is now 2 years old. All three of our children are USC’s. 1ST SON and 2ND SON were born in Austin, Texas. 1ST DAUGHTER was registered as a United States Citizen born abroad.


PSYCHOLOGIAL/ HEALTH HARDSHIP

The emotional hardship that I, USC, (USC) would endure if this waiver Application were denied will be nothing short of devastating. If this waiver were denied it would mean that my children and I (all USC) will have to return to the US without my husband/ Because we entered Canada in October 2005 as tourists; I have no status other than that of tourist in Canada. I renewed my visitor visa over a year ago and can no longer do so unless I apply for residence. Our desire is to return to the US as an intact family, where we will have the emotional and moral support of family that loves us and family that we also hold very dear to us. Since April 2004. which is when we began this visa process aquiring, I have endured an extreme amount of stress living with the daily fear of wondering if my children and I will be separated from my husband/their father. This stress has led to a condition of depression, that coupled with a history of high blood pressure can prove to be devastating and a real threat to my life. My doctor attributed my high blood pressure condition to being subjected to an extremely high level of stress. I am currently undertaking an Stress, Anxiety and Depression program at home created by the MID-West Center. I continue to consult with DR NAME whenever possible. There is no doubt that my emotional and mental health would suffer greatly if my children and I were forced to be separate from ALIEN, as a result of him being denied entry into the US. (See Exhibit A: doctor letter ; See Exhibit B: High Blood Pressure printout )

With the exception of short visits to the US, our children have been with both my husband and I throughout the duration of their lives. We have a strong family unit where our children have known nothing less than the love and nurturing of both parents. They are very close to their Dad who daily sets aside everything to spend sound, quality time with them. Even during our short visits to the US, our children cannot so much as go through a whole day without talking to their father on the telephone. They have consistently questioned why their dad cannot join us when we make these trips to Texas. To be forced to see the effects of my children being separated and distanced from their father would be devastating beyond comprehension. My heart is torn to pieces every time I think of the unimaginable emotional pain and mental anguish that I would have to endure seeing my children traumatized and suffering in the absence of their father - - - in knowing that we would have to live in what may as well be worlds apart. I love my husband and to have him remain in Canada instead of joining us in the US to raise our family together and to share in their growth and life experiences is almost too much to endure.

FAMILY HEALTH

My Father XXXXXXXXXXX, stepmother, stepbrother and sister, maintain regular contact with us so we have remained very close despite the distance that separates us. I’ve learned that my father suffers from an organ disease that has adverse effects on his kidneys and liver functions. He is undergoing treatment through the Veteran’s Center in Austin for the treatment of this and other health related concerns. My father wants to continue being an important part of our lives and really wants to spend time with his grandchildren. He has experienced a hard and stressful life. To have me his only daughter, and my children, so far away continues to bring unbearable stress into his life. Especially since he fears that his life may be shortened because of his health related problems. I long to be there for him! If my husband’s wavier is denied I would suffer the emotional pain and loss, and guilt, of not having been able to have my children, my husband, and I at home in Austin. To lose him too, as I’ve lost other close family members would be devastating. (Exhibit C: Letter from Father).

My maternal grandfather, XXXXXXXXXXX is an 83-year old veteran and FAMILY means everything to him. I long to be there more so now then ever before, especially after the loss of my grandmother in December 2002, and now the recent loss of his son, my uncle XXXXXXXXX in November 2004. To have the presence and support of all his family is the very least that we, who love him, can do for him. My Grandfather entered the Hospital in Oct. 2005 to under go a by-pass surgery and after the surgery was complete he went into Cardiac Arrest. My grandfather has since then been stable and is now in a rehilbilatation center. As time passes he has become more in touch with his emotional side and asks to have all of his family around, and I want my husband and kids to spend time with my grandfather a World War II Vetran as time takes us closer to the inevitable end. (Exhibit D: Death Notices 1 & 2)



FAMILY TIES / CULTURE

My mother XXXXXXXX (Born USC) is very dear to me. Our mother-daughter relationship is a very strong relationship. She is not just my mother, but my best friend as well. Since my mother had foot surgery, it has been very hard for her to relax and recover because she had been at the hospital with my grandfather/her father. I am informed that the recovery of her surgery can take up to a year to fully recover. I love my mother so much and need to be there to help during her time of recovery. As in the case of my father, I hurt so much now that I realize how important it is to be there for my parents, especially since I am their only-daughter. I also have my stepfather, XXXXXXXX (Born USC), who raised me since I was seven, who I love deeply. He has taught me most of the things I know. I am like him in many ways. I have a very close relationship with my family and I communicate with them on a daily basis. If our children and I were forced to make arrangements to live in Canada, the impact would not only affect me (USC), but my children and my family as a whole. I have an older brother whose name is MY BROTHER, (USC). We have always been very close. I am his little sister and he watched out for me as we grew up. It is important that our families be able to associate. It will be emotionally devastating if I have to inform my brother that my family and I have to make Canada our permanent home. (See Exhibit E: Letter from Parents; Exhibit F: Letter from Brother)


As previously mentioned I, USC, (USC) am very close with my immediate, as well as my extended family which consist of Parents, Grand-Parents, Brother, Nieces, Cousins, Aunts and Uncles. I grew up in a very extensive Mexican-American family, with many family gatherings every year to celebrate each others birthdays, holidays and special Mexican holidays. My extended family are my main support group as well as one of the most important aspects of my life. I recently lost two members of my family who played a very important role in my life. I believe that in order for my children to have a healthy up bringing they need to grow up understanding their culture. Living in Texas and having all of their extended family around can help provide them with that.

Traveling is very hard because of several reasons; health related issues due to increased levels of Stress and Anxiety, the difficulties in traveling with three children and the increasing cost in transportation. Traveling between Canada and Texas is very expensive financially, physically and emotionally. My oldest Son, 1ST SON gets very sick when we leave one country to the next, you see when his dad was denied entry into the States in Feb of 2004, it may have traumatized him. Every time since then when we come and go between the US and Canada, 1ST SON gets sick to his stomach. 1ST SON is only a child and should not have feelings such as those to cause him to get sick. It breaks my heart that he has to have such fear in something that is as simple as crossing custom check points.

When we leave from Canada my children endure emotional stress, due to their dad not being able to come with us on our trips to Texas. When it’s time to leave Texas and head back to Canada my children (USC’s) and I find it just as stressful and emotional. My children want to stay in Texas because of all our family, whom they love. Their cousins, xxxxxx, xxxxxx and xxxxxx, must be left behind with each departure. They don’t want to leave the loving atmosphere that is abundantly demonstrated by all family members each time we are in Texas. It is also very emotional for my parents and family members (ALL USC) to have to see us leave. It hurts me deeply and causes much sadness because my husband cannot visit with us and share each cherished moments home with our family. This emotional stress will not just impact me, USC, (USC), but will also effect three more United States Citizens, those being my three children xxxxxx, xxxxxxx, xxxxxxx. The emotional stress that they have already endured traveling back and forth from Canada and Texas is nothing short of damaging. Denial of this wavier would bring them even more emotional stress that any child their age would experience, when severing physical contact with the family that they love and need. This would bring untold harm to our children and direct emotional stress to me, their mother. If our children and I were forced to make arrangements to make Canada our home, the impact would not only affect me (USC), but my children and my family as a whole.

FINANCIAL

If my husband is denied entry into the US, I will be forced to go back to the U.S. without him. This will cause an extreme financial hardship for me because I will become a single mother of three children ages 10, 6, and 2 with no income and no insurance. Our children and I may be forced to live below poverty income levels because of my low educational level, I may be forced to accept a low paying job. With the high cost of daycare, I may barely have enough to support my children and myself. As a last resort, I may be forced to apply for public assistance in order to have government assistance programs help me provide for the mere basic needs for my children and myself.
With the recent growth of my hometown, I would need transportation to get our children to a daycare center, public school and to get to work and back. My husband and I have one vehicle between the both of us. I will not have transportation because the only vehicle we own is in his name. (See Exhibit G: DayCare Cost See Exhibit H: Car Note)

Having my husband return with us, his family, to the U.S. will allow us as parents to raise our children together and if necessary I can work to help supplement his income. As previously mentioned I will have to depart from Canada regardless of the decision made regarding my husband. If my husband is not admitted to the US I will have to request residency to live in Canada while being in the US, which would be another long amount of time.... during which time my children will be getting accustomed to living in the states, will become involved with the educational process and will settle to new friends... but would simultaneously be distanced from their father. The separation will no doubt seriously damage our intact familial relationship that currently exists. On the other hand, should I eventually be granted residency, our children would once again experience disruption in their young lives in having to once again leave to start a new life. I implore you to grant my husband’s request for a wavier so that we can all return to the U.S. as one intact family unit. (See Exhibit I: Family Unity)



CITIZENSHIP

I, USC (USC) am a proud American; I support my country and will always support it. I was born a citizen of the United States and am proud to be part of a great nation. I fully support the United States with all that I am and will be. Our United States forefathers designed this country to be a place where everyone can live free and people from foreign countries can be welcome. To imagine being forced to leave my country permanently would devastate me, to even consider the chances of us not residing in Texas would only exponentiate my pain and suffering. My children (USC) are proud Americans as well, but would be severely affected if their father were not granted permission to return to the U.S with us as a whole and complete family.


Good Moral Character and Admissability

My husband (CC) and I (USC) have been looking forward to the day that we can return to my hometown Austin, Texas. He is eager to gain employment and support our family. You will find that upon his entry to the United States he will be a productive and a loyal addition to this country. My husband’s offense was back 1995. Since that time I believe that the facts of the moral crime of my Husband’s (CC) record, and the situation regarding the repayment and the lack of further criminal activity, repeating his mistake is not an option and will not happen. This is a one-time offense, he has dearly paid the price for it, and it will not happen again. He is truly remorseful for what has happened, and has learned a valuable lesson from that. My husband (CC) is an upstanding citizen of Canada, has excellent work ethics, and he will carry those values with him to the U.S. (Exhibit J: Letter from xxxxxx, husband’s good conduct ; Exhibit K: Letter from xxxxxxx, husband’s good conduct)



I, USC (USC) will have unusual extreme, devastating hardship which will tear away at the very heart of my being if my husband, ALIEN (CC) whom I love with my whole heart and need as my husband and father to our children, is denied entry into the United States. I implore you to grant my husband’s petition to return to our home in Austin, Texas.

Sincerely


Mrs. USC


HUSBAND"S HSL

UNITED STATES CONSULATE GENERAL
P.O. Box 65, Station Desjardins
Montreal, Quebec H5B 1G1
Canada
Phone (514) 398-9695 ext.: 3833

RE: Immigrant Visa Case of: ALIEN
Case Number: MTL...........


To whom it may concern:

I know you hear from thousands of people on a daily basis, but I respectfully ask that you consider our case. My wife, the wonderful mother of our three children has all her extended family in the U.S. and if this process is unsuccessful she will suffer emotionally. We were not aware of the amount of stress and heartache involved in the whole immigration process. I know that if I am allowed to enter into the U.S. legally, I will not only continue to take care of my family, but also continue to be a positive contributor to her country as well.


FAMILY

ME USC

The emotional hardship that my wife USC will endure if this waiver application is denied will be nothing short of devastating. The current stresses of the Visa process, and the subsequent I-601 Waiver has taxed my wife emotionally and physically. This emotional stress impacts our children and my wife’s entire family (all United States Citizens). Denial of this waiver would bring them even more stress then that of which they are dealing with now.

Also, both my wife and I strongly feel that our children, OUR 3 CHILDREN should not be separated from their parents, especially I their father, during the formative stages of life. If I am not allowed to return to the United States, I would find myself obligated to live away from my children and would, thereby, deprive my children of a father. I would miss more crucial moments in both the physical and psychological development of each child as well as moments that would aid in the formation of a close relationship between us. My wife grew up in a close family environment and cannot endure the idea of our children growing up without the close family bonds she has experienced. She gets emotionally depressed and fearful of the possibility that my I-601 waiver could end up being denied. USC would suffer tremendously if I were not allowed to return to the United States.

USC has lived most of her life in the United States. Her entire family, including her parents, Step-Parents, brother, nieces, nephews, and many cousins, uncles and aunts are in the United States. USC is very close to all her family. She grew up in a very extensive Mexican-American family, with many family gatherings every year. Her extended family is her main support group as well as one of the most important aspects of her life.

USC is very close with her brother, his spouse and their children (all naturalized United States Citizens). Separating her from her brothers’ family would only increase her emotional stress. She has a very close relationship with them and is in daily contact with not only her brothers’ family but with her parents as well. If she were forced to make Canada her permanent home, the impact here would not only affect USC, but her family as a whole.

USC does not have any family or friends outside of the United States. Although she has interacted with my family, who consist of my mother & stepfather, my brother and sister, it doesn’t replace the absence of her own parents and extended Family. My wife is very friendly and outgoing. She is accustomed to being constantly surrounded by family and friends. I know that if USCwere forced to re-locate to Canada permanently, she would continue to suffer from extreme isolation lack the strength and confidence she received from her “support group”. The separation from her family and friends would worsen her current Anxiety and Stress symptoms and would put her at grave risk for the development of more severe psychological disorders.


CHILDREN

Our Children are all American Citizens and like every proud mother, USC wants our children to have at least all of the choices and possibilities that she had while growing up. She also wants our children to have those things that she did not have. USC and I love each other deeply and want to provide our children with a strong and positive home. USC also wants to provide our children with the best education, the best medical care, the safest surroundings, and the love and support of their family. For USC, all of this is possible only while living in the United States.

If USC and I lived in the United States, our extended family will have the ability to support and help us by being active members in the upbringing of our children: OUR 3CHILDREN. USC'S family is an integral part of her life. And because we will live in xxxx Austin, Texas our children will have the opportunity to attend the xxxxxx school system that received the Blue Ribbon award for 2003-present.

I would like to mention that our oldest son, xxxxxx has started showing signs that he is affected by the increased level of stress in our lives. Our son xxxxxxx is 10 years old. I am very afraid that this experience is having its affect on his ability to be a happy carefree child. When my wife and children go to Texas, our two boys endure hardship in knowing that I can’t join them. They don’t understand the reason I am not allowed to enter the U.S. In Feb of 2004, we were on a trip driving to Texas. When we reached the border, I was not allowed to enter the U.S. Since then, my wife tells me that when they travel go thru customs, our oldest son gets so nervous he feels sick. It breaks my heart that being denied entry into the U.S. at the border in 2004 affects my son as it does today.


FATHER-IN-LAW

USC'Sfather, xxxxxxx, is 51-years-old and suffers from Kidney and liver problems. My wife found out that her father suffers from an organ disease that has adversely effected his kidneys and liver functions. He is undergoing treatment through the Veteran’s Center for the treatment of other health related concerns. Her father wants to continue being an important part of our lives and really wants to spend time with his grandchildren. He has experienced a hard and stressful life. To have his only daughter, and our children, so far away continues to bring unbearable stress into his life, especially since he fears that his life may be shortened because of his health related problems. Mr. xxxxxx precarious and declining health condition has created the need for USC to become even closer to him. She cannot fathom the idea of having to be apart from her father and currently values every moment of time that they can spend together.


GRANDFATHER-IN-LAW

MR. xxxxxxxx Sr. is an 83-year old veteran and family means everything to him. USC wants our family to be in Texas more so now then ever before. This is more important now since her grandfather lost his wife (USC"S grandmother) in December 2002. Adding to this was the recent loss of his son, UNCLE in November 2004. To have the presence and support of all his family is the very least that can be done for him. Mr. xxxxxxxxx entered the Hospital in Oct. 2005 to under go a by-pass surgery and after the surgery was complete he went into Cardiac Arrest. USC'S grandfather has since then been stable and is now in a rehabilitation center. As Mr. xxxxxxxx continues to get older he has become more in touch with his emotional side and asks to have all of his remaining family around him, especially after the loss of two beloved family members. To have my wife and our family spend time with a World War II veteran would be in our best interest as time takes us closer to the inevitable end.


CITIZENSHIP

USC is a very proud American; she supports her country and will always support it. She was born a citizen of the United States and is proud to be a part of this great nation. The United States is the only country that she has known. She fully supports the United States to the core of who she is and to imagine that her country would force her to leave would destroy the pride she has in the United States. Henceforth, having to depart from there permanently would only add to the pain and suffering she endures now.


GOOD CHARACTER AND ADMISSABILITY

I am a family oriented man with high moral standards. I am extremely sorry for the pain and suffering that my past criminal record has caused my wife and her family. I make no excuses for my behavior, but I can tell you that it was out of my character, and I have never engaged in any other illegal activities.


If given a chance, I would respect all laws of the United States; not only out of fear of reprisal but also from a genuine love for my family, and a great respect for this country. I am a deeply repentant, changed man. I am goal directed, focused and thoroughly ethical and law-abiding. I have never presented any 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-130 for a spousal visa, the United States government has formally and legally recognized the validity of the marriage between USC and I. It is well documented that “family unity” is an important value unpinning the raison d’être 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 us, 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 us must be granted great weight while accessing what would happen to USC if I am not admitted to the United States. All extra hardships are built upon the base of significant, although usual hardship. I am anxious about our future and that of our children because it depends upon my status. However, these are considered herein to be “simply “ the backdrop of those others, previously listed hardships that, individually and when combined and interacting are severe. In other words, the enormous strain of being separated from my children and my wife constitutes a powerful hardship on USC.

The other hardships on top of this one culminate in her being potentially and actually subjected to extreme and unusual hardship.


If I were denied the I-601 Wavier, my wife and children would have to make arrangements while in the US to make Canada their home. This poses an even greater psychological hardship that would be expected to arise. She 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 a husband’s love and a father to our children. This creates an impossible situation, which is currently wearing on her psychological state, desire to live and ability to function. It is tearing her into two very distinct halves, and can only be resolved by allowing us as a family to reside in the United States of America.

In short, if I were not admitted to the United States of America USC would be placed in the midst of a dilemma. Because the marriage has occurred in its full sense, profound forces (recognized at least implicitly by the United States government) would move her to leave her homeland permanently. Furthermore, she would be unavailable to share with her family, especially in regard to the care of her Father, and grandfather. Most of all, by making Canada her home, she would set into emotional, social, and medical forces that could prove permanently damaging to her psychological and physical well-being.


Please consider our case and grant us this pardon. So we can continue with our lives as a family unit in Austin Texas.


Signed,



ALIEN

[Laura]

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