Cynthia
06-27-2007, 05:02 PM
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)
--------------
This is a letter Courtesy of Member Lulu ~ VENEZUELA
Here's my hardship letter for both I-601 & I-212 waivers, filed in Caracas, Venezuela and approved at USCIS Panama City on Dec. 22, 2005 for previous unlawful presence of 1+ years and deportation.
***Please note: I have reason to believe that this letter was not a major factor (if any) in the decision, based on a conversation with the adjudicating officer. Instead, she was more concerned with our relationship validity, his case history/circumstances/background, and my current at-risk pregnancy of which she requested documentation. The decision was made in the course of our conversation.
.................................................. .................................................. ...
May 6, 2005
I, USC, 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 Waiver of Grounds of Excludability for my husband, HUSBAND (A# xx-xxx-xxx, NVC Case # 2004xxxxxx).
HARDSHIPS TO ME, THE U.S. CITIZEN
If HUSBAND is not admitted to the United States, I will suffer extreme and unusual hardship above and beyond what I have already suffered. Already since his departure, I have had to give up practicing real estate, a career for which I had worked very hard to become licensed in and professionally established. In the real estate practice, because I was not paid a salary and was dependant on commissions, ample savings were a necessity to fall back on. I was unable to afford to wait for those commissions after our savings were exhausted for legal fees associated with HUSBAND’s deportation, and was forced to seek other career options.
I feel deeply compelled each day to reunite with my husband and share our lives together as we once did and as we have every right to do. However, doing so in Venezuela would greatly endanger my safety, cause significant psychological stress, strain my relationship with my family, completely deplete our finances, eliminate my plans to pursue a graduate degree and end our dreams of starting a family of our own.
I. GRAVE SAFETY CONCERNS
I will face significant, potentially life-threatening risks to my personal safety if I move to Venezuela to join my husband. Due in part to the strained economic and turbulent political situation, there is constant unrest in most metropolitan areas of the country. There are regular riots and demonstrations, kidnappings, murders, robberies and ongoing violence. Even in the best of neighborhoods, there are regular incidents and police raids are common.
Recent anti-U.S. and anti-Bush sentiments generated by Venezuelan President Hugo Chavez have sparked additional violence against U.S. Citizens there. The web sites of the U.S. Embassy in Caracas and the U.S. Department of State contain lengthy warnings for U.S. citizens in Venezuela (see Exhibit A). On my 2 visits there, my husband has had to keep constant watch over me, never allowing me out of his sight, and trying to limit our conversations in public as I do not speak Spanish and would stand out immediately as a target. As difficult as it is for him to try to keep me safe for a short visit, if I were to reside there permanently, the toll this stress will have on both of us – the constant fear for my safety - is immeasurable.
II. FUTURE FAMILY AND MEDICAL CONCERNS
It is medically imperative that I start our family in the very near future. I have increased risks of infertility, miscarriage and pre-term labor due to a surgery I have had to my cervix. The surgery, a Cone Biopsy, was performed to remove abnormal (pre-cancerous) cells from my cervix after I was diagnosed with Cervical Dysplasia. I have not had further problems with the dysplasia at this time, but the surgery weakened my cervix, very potentially affecting my ability to conceive or hold a pregnancy (See Exhibit B).
When I conceive, my doctors have told me that I will have to be very closely monitored. If my cervix is not strong enough, medical intervention will be necessary to prevent me from miscarrying or going into premature labor. If, however, I were unable to conceive due to scarring of my cervical tissue, infertility options would have to be explored first; all of them would require my husband’s presence and ready availability. Most women are capable of bearing their first child without difficulty through the age of 35; fertility and uncomplicated pregnancy rates drop significantly after that. Due to my already present risk of severe complications, doctors have advised me not to wait any longer to attempt my first pregnancy.
Here in the U.S., I am not only confident that I will have the expert care I will need and access to advanced medical facilities, but I also have excellent insurance through my employer which will cover my medical expenses. However, without HUSBAND’s financial support (which is impossible to provide from Venezuela, where an average months pay is only about $150-$200), I would not be able to afford having a baby, especially if I am ordered to bed-rest throughout the pregnancy (therefore unable to work) to prevent pre-term delivery. Additionally, I can not raise a child alone, when my husband, who is my greatest source of emotional support and would be my only source of financial support, is 3000 miles away from me. This would be an extreme hardship for myself, as well as for my child who would have to grow up deprived of his/her father.
If I am living in Venezuela on the other hand, I will not have medical insurance and it will be impossible to have access to even a remotely comparable level of medical technology and expertise. With infant mortality rates at 24/1000 births (4x higher than the 6/1000 in the U.S.), and inadequate technology to ensure a safe pregnancy to term, I will be placing my fetus or baby’s life at risk if I try to begin my family in Venezuela. (See Exhibits C and B).
It would be a cruel and extreme hardship to subject my child to the choices of growing up in the safety, security and proper education of the U.S. without his/her father or to grow up in a poverty-stricken Third-World country with him (see Exhibit E). Without HUSBAND’s presence here in the United States, under these circumstances, I could not attempt to start a family.
Also, if the pre-cancerous cells which cause cervical dysplasia recur, they may not be adequately detected with the technology available in Venezuela (“the healing and scarring process after a cone biopsy may make it difficult to identify abnormal tissue in the future”). If this condition is not treated, it often will grow into an invasive cervical cancer (see Exhibit B).
Additionally, I have experienced many episodes of shortness of breath, severe palpitations, and insomnia in the past year. After ruling out a heart condition and other ailments with a physical, an EKG, and blood tests, my doctor concluded that my symptoms were indicative of anxiety attacks from great stress. If I cannot eliminate the stress (i.e. have my husband back), these attacks will continue and worsen, leading to Anxiety Disorder and Depression (See Exhibit D).
THE HOLMES-RAHE SOCIAL READJUSTMENT RATING SCALE
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, (such as my previous bout with cervical dysplasia) 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 scale was applied on the assumed basis that I was forced to move to Venezuela. My score on this instrument was an astounding 501, with the following analysis, “This score indicates major life crisis and is highly predictive (80%) of serious physical illness within the next 2 years”. On the other hand, if HUSBAND were able to return to the U.S., thus eliminating the hardships/stress factors, the score would drop dramatically to 64 (no significant risk).
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.
III. FAMILY TIES IN THE U.S.
I was born and raised in the U.S. and my entire family lives nearby. I have absolutely no family anywhere in South America. I am very close to both of my parents, my sister, and my 5-year-old niece who has lived with me or near me for most of her life. My mom and sister are my best friends; being separated from them would be devastating. Since neither of them drives, and my father moved away, they both depend on me for many essentials, including grocery shopping and getting to doctor’s appointments. My niece, NIECE, is emotionally attached to me and gets very sad and upset when I’m away, even for a couple of days. If I were to move to Venezuela, it would cause her and my sister hardships in addition to my own. When her mother (my sister) works on evenings and weekends, I am the one who cares for her, plays with her, takes her on outings and tucks her in at night (her father lives 4 hours away and rarely visits). NIECE has become such a part of my life; leaving her would be like abandoning my own child. In addition, she loves and admires HUSBAND and asks for him every day, unable to understand why he isn’t here. Between her father’s absence and her grandfather’s recent departure, HUSBAND’s presence can provide a stable, daily male figure in her life that she does not otherwise have. If HUSBAND is not allowed to return, NIECE will suffer great distress wondering why another man she loves is gone.
I love my family dearly and have never gone more than a couple of months without seeing them. I wouldn’t be able to afford plane tickets, averaging $700- $1000, to visit my family (see below), and phone calls would be too expensive to make very often. This would also greatly add to the growing anxiety attacks I already experience, and is likely to trigger depression (See Exhibit D).
Additionally, HUSBAND only has an aunt and 2 cousins in Venezuela who live in different cities. Due to my inability to speak Spanish, I felt alienated when I spent time with them, and will surely be isolated, and terribly lonely without friends and family to talk to. Being separated from my full, close and loving family will create great emotional distress and hardship to myself and to my family, all of whom are U.S. Citizens. If HUSBAND is not admitted back to the United States, I will never be united with my entire family at the same time.
III. FINANCIAL HARDSHIP AND LACK OF EDUCATIONAL OPPORTUNITY
Here in the U.S. I am employed with an annual salary of $39,000 plus wonderful benefits including tuition reimbursement. I intend to begin graduate school to expand my opportunities in my current field (which I am ill-equipped for with my real estate background), especially since my employer will reimburse a significant portion of my tuition. If I were to move to Venezuela, I would have to leave my job with virtually no prospects to look forward to, and graduate school would no longer be an option (both since I don’t understand Spanish). In addition to that, this would also shatter my chances of future employability in the United States once we are finally able to return. Since it will be impossible to maintain my career in Venezuela (due in major part to my inability to speak the language), my professional standing and career would be ruined.
The unemployment rate in Venezuela is 18%. With about 47% of the population living below the poverty line, it is virtually impossible that I, an American who doesn’t speak Spanish, will be able to secure any employment at all. The minimum wage is about $188/month, though many earn less and have no benefits. HUSBAND has had great difficulty finding any permanent employment, with offers of less than minimum wage, part-time or temporary work, and occasional contract assignments such as translating documents. Even with both of us working, this would not be enough to live on; with only HUSBAND working, it will mean certain poverty (see Exhibit E)
It would also mean that my credit rating would be destroyed. With credit card bills nearing $10,000 (many stemming from legal fees related to HUSBAND’s case), I would be unable to maintain any payments whatsoever (see Exhibit F). My current earnings allow me to pay my bills as well as provide money to my husband so that he may maintain a reasonable and secure standard of living. After making all payments, I have just enough money left over for phone calls to Venezuela and can barely afford the airfare to visit more than once or twice a year. In Venezuela, without my current salary to rely upon, not only would we be subjected to the extreme hardship of living in horrifically sub-standard conditions, but also we would have nothing to return to the U.S. with except damaged credit and debts. However, with HUSBAND in the U.S., he will be gainfully employed and, without the burden of maintaining a second household, our combined income would allow us to quickly pay our debts, buy a home and start a family; none of this will be possible if he is not here.
IV. I DO NOT SPEAK SPANISH
As I have indicated, I do not speak Spanish. This will contribute to and exacerbate the extreme hardships I have already discussed. My lack of Spanish language skills in Venezuela will:
• nullify my efforts to find employment
• make me more vulnerable to crimes targeted to Americans
• make me extremely isolated socially
• make regular activities such as shopping and going to church extremely difficult
VI. HUSBAND ’S CASE FACTS:
HUSBAND was brought to the U.S. by his mother with a valid non-immigrant visa when he was only 11 years old. His mother applied for political asylum but the case was denied. Her attorney filed an appeal and obtained an Employment Authorization Card for her while it was pending. When HUSBAND turned 18, he too received a Social Security Card and Employment Authorization. The same attorney continued to re-apply for the Employment Authorizations annually under the pretense that the appeal was still pending. After working lawfully in the U.S. and paying taxes for several years, the Work Authorization Cards were denied at renewal in 2002 because it was discovered that the appeal for asylum had been denied several years before.
Their attorney had never informed them of the denial of the appeal and falsely misled them into believing that they were living and working legally in the U.S. for many years (see Exhibit G).
HUSBAND and I were already engaged when his Work Authorization was not renewed in 2002, and married on November 12 of that year. While seeking legal advice, we discovered that a deportation order had been issued against his mother (and him, inclusively) in 1997 when he was only 14. He was 20 when we found out and realized too late that he had already remained in the U.S. illegally for all those years without having known it. We were advised by several attorneys to file the I-130 Petition promptly and wait for it to be adjudicated here in the U.S. Sadly, 1 ½ years into our marriage, while the I-130 was still pending, HUSBAND was detained during a routine traffic stop when his driver’s license was checked, and was deported 6 weeks later following a painful and costly legal battle. Now, following his interview at the U.S. Consulate in Caracas, Venezuela, he respectfully seeks this waiver to return home to me.
SUMMARY
I ask you sincerely to take into consideration all these hardships and unbearable decisions that I face while separated from my husband. If HUSBAND is denied permission to return to the U.S., you will be placing me in an impossible dilemma, asking me to face risking my life and the lives, well-being and very existence of my future children – future citizens of the United States – by moving to Venezuela to reunite with my husband in fulfillment of our sacred, profound marital bond. I would also be forsaking my relationship with my family and my secure employment and career opportunities.
Please take into consideration that HUSBAND was only a child when he came to the U.S. and was entirely ignorant of his own status until he reached the age of 20, when it was too late. He had no reason to question the valid Social Security Card and Work Authorizations he was given. He is an innocent victim of an unethical attorney. He did not choose to come to the U.S. at age 11 and did not choose to overstay his visa and remain here in an illegal status. He is a hard-working, law-abiding person who spent more than half his life in the U.S. and contributed greatly to his community with his musical talents and through his church.
I need to have my husband here with me in the U.S. I love my country and am a very proud American citizen. I would not believe that my own country would keep me separated from my husband, when the government has fully recognized our marriage in approving our I-130 petition. Doing so would shatter the confidence I have in my own government to protect me, as keeping me separated from my husband would destroy me.
Please allow HUSBAND to come home to me, so that we may once again live together as husband and wife. Please give us the opportunity to live the American Dream – to start a business together, buy a home, and raise a family – in the safety and security of the great U.S.A. that so many Americans take for granted every day.
Sincerely,
USC
.................................................. .................................................. ......
Exhibit Contents and Sources
Exhibit A - Safety concerns in Venezuela
Consular Information Sheet on Venezuela
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1059.html
Current Situation in Venezuela (Consular Announcement)
http://caracas.usembassy.gov/situation.html
Latin America's New Fidel (Herald Tribune)
http://www.iht.com/articles/2005/04/26/opinion/edbremmer.php
More Friction Between US and Venezuela
http://www2.rnw.nl/rnw/en/currentaffairs/region/southamerica/ven050325?view=Standard
Murders per Capita - Venezuela 4th Highest
http://www.nationmaster.com/graph-T/cri_mur_cap
Exhibit B - Reproductive health issues
Letter from Dr. xxxx, MD
Medline Plus - Cold Knife Cone Biopsy
http://www.nlm.nih.gov/medlineplus/ency/article/003910.htm
Cone Biopsy…
http://my.webmd.com/hw/womens_conditions/hw27835.asp
Cervical Cancer
http://www.oncologychannel.com/cervicalcancer/
National Cervical Cancer Coalition
http://www.nccc-online.org/
Exhibit C - Infant Mortality Rates in Venezuela
http://www.cia.gov/cia/publications/factbook/print/ve.html
Exhibit D - Anxiety Disorders
http://adam.about.com/reports/000028_3.htm
Exhibit E - Poverty, Unemployment, & Minimum Wage
Poverty Line and Unemployment Rates
http://worldfacts.us/Venezuela.htm
Minimum Wage in Venezuela
http://biz.yahoo.com/ap/050427/venezuela_minimum_wage.html?.v=1
Exhibit F - Copies of 2 credit card bills
Exhibit G - Copies of Hubby's Social Security Card and EADs
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)
--------------
This is a letter Courtesy of Member Lulu ~ VENEZUELA
Here's my hardship letter for both I-601 & I-212 waivers, filed in Caracas, Venezuela and approved at USCIS Panama City on Dec. 22, 2005 for previous unlawful presence of 1+ years and deportation.
***Please note: I have reason to believe that this letter was not a major factor (if any) in the decision, based on a conversation with the adjudicating officer. Instead, she was more concerned with our relationship validity, his case history/circumstances/background, and my current at-risk pregnancy of which she requested documentation. The decision was made in the course of our conversation.
.................................................. .................................................. ...
May 6, 2005
I, USC, 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 Waiver of Grounds of Excludability for my husband, HUSBAND (A# xx-xxx-xxx, NVC Case # 2004xxxxxx).
HARDSHIPS TO ME, THE U.S. CITIZEN
If HUSBAND is not admitted to the United States, I will suffer extreme and unusual hardship above and beyond what I have already suffered. Already since his departure, I have had to give up practicing real estate, a career for which I had worked very hard to become licensed in and professionally established. In the real estate practice, because I was not paid a salary and was dependant on commissions, ample savings were a necessity to fall back on. I was unable to afford to wait for those commissions after our savings were exhausted for legal fees associated with HUSBAND’s deportation, and was forced to seek other career options.
I feel deeply compelled each day to reunite with my husband and share our lives together as we once did and as we have every right to do. However, doing so in Venezuela would greatly endanger my safety, cause significant psychological stress, strain my relationship with my family, completely deplete our finances, eliminate my plans to pursue a graduate degree and end our dreams of starting a family of our own.
I. GRAVE SAFETY CONCERNS
I will face significant, potentially life-threatening risks to my personal safety if I move to Venezuela to join my husband. Due in part to the strained economic and turbulent political situation, there is constant unrest in most metropolitan areas of the country. There are regular riots and demonstrations, kidnappings, murders, robberies and ongoing violence. Even in the best of neighborhoods, there are regular incidents and police raids are common.
Recent anti-U.S. and anti-Bush sentiments generated by Venezuelan President Hugo Chavez have sparked additional violence against U.S. Citizens there. The web sites of the U.S. Embassy in Caracas and the U.S. Department of State contain lengthy warnings for U.S. citizens in Venezuela (see Exhibit A). On my 2 visits there, my husband has had to keep constant watch over me, never allowing me out of his sight, and trying to limit our conversations in public as I do not speak Spanish and would stand out immediately as a target. As difficult as it is for him to try to keep me safe for a short visit, if I were to reside there permanently, the toll this stress will have on both of us – the constant fear for my safety - is immeasurable.
II. FUTURE FAMILY AND MEDICAL CONCERNS
It is medically imperative that I start our family in the very near future. I have increased risks of infertility, miscarriage and pre-term labor due to a surgery I have had to my cervix. The surgery, a Cone Biopsy, was performed to remove abnormal (pre-cancerous) cells from my cervix after I was diagnosed with Cervical Dysplasia. I have not had further problems with the dysplasia at this time, but the surgery weakened my cervix, very potentially affecting my ability to conceive or hold a pregnancy (See Exhibit B).
When I conceive, my doctors have told me that I will have to be very closely monitored. If my cervix is not strong enough, medical intervention will be necessary to prevent me from miscarrying or going into premature labor. If, however, I were unable to conceive due to scarring of my cervical tissue, infertility options would have to be explored first; all of them would require my husband’s presence and ready availability. Most women are capable of bearing their first child without difficulty through the age of 35; fertility and uncomplicated pregnancy rates drop significantly after that. Due to my already present risk of severe complications, doctors have advised me not to wait any longer to attempt my first pregnancy.
Here in the U.S., I am not only confident that I will have the expert care I will need and access to advanced medical facilities, but I also have excellent insurance through my employer which will cover my medical expenses. However, without HUSBAND’s financial support (which is impossible to provide from Venezuela, where an average months pay is only about $150-$200), I would not be able to afford having a baby, especially if I am ordered to bed-rest throughout the pregnancy (therefore unable to work) to prevent pre-term delivery. Additionally, I can not raise a child alone, when my husband, who is my greatest source of emotional support and would be my only source of financial support, is 3000 miles away from me. This would be an extreme hardship for myself, as well as for my child who would have to grow up deprived of his/her father.
If I am living in Venezuela on the other hand, I will not have medical insurance and it will be impossible to have access to even a remotely comparable level of medical technology and expertise. With infant mortality rates at 24/1000 births (4x higher than the 6/1000 in the U.S.), and inadequate technology to ensure a safe pregnancy to term, I will be placing my fetus or baby’s life at risk if I try to begin my family in Venezuela. (See Exhibits C and B).
It would be a cruel and extreme hardship to subject my child to the choices of growing up in the safety, security and proper education of the U.S. without his/her father or to grow up in a poverty-stricken Third-World country with him (see Exhibit E). Without HUSBAND’s presence here in the United States, under these circumstances, I could not attempt to start a family.
Also, if the pre-cancerous cells which cause cervical dysplasia recur, they may not be adequately detected with the technology available in Venezuela (“the healing and scarring process after a cone biopsy may make it difficult to identify abnormal tissue in the future”). If this condition is not treated, it often will grow into an invasive cervical cancer (see Exhibit B).
Additionally, I have experienced many episodes of shortness of breath, severe palpitations, and insomnia in the past year. After ruling out a heart condition and other ailments with a physical, an EKG, and blood tests, my doctor concluded that my symptoms were indicative of anxiety attacks from great stress. If I cannot eliminate the stress (i.e. have my husband back), these attacks will continue and worsen, leading to Anxiety Disorder and Depression (See Exhibit D).
THE HOLMES-RAHE SOCIAL READJUSTMENT RATING SCALE
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, (such as my previous bout with cervical dysplasia) 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 scale was applied on the assumed basis that I was forced to move to Venezuela. My score on this instrument was an astounding 501, with the following analysis, “This score indicates major life crisis and is highly predictive (80%) of serious physical illness within the next 2 years”. On the other hand, if HUSBAND were able to return to the U.S., thus eliminating the hardships/stress factors, the score would drop dramatically to 64 (no significant risk).
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.
III. FAMILY TIES IN THE U.S.
I was born and raised in the U.S. and my entire family lives nearby. I have absolutely no family anywhere in South America. I am very close to both of my parents, my sister, and my 5-year-old niece who has lived with me or near me for most of her life. My mom and sister are my best friends; being separated from them would be devastating. Since neither of them drives, and my father moved away, they both depend on me for many essentials, including grocery shopping and getting to doctor’s appointments. My niece, NIECE, is emotionally attached to me and gets very sad and upset when I’m away, even for a couple of days. If I were to move to Venezuela, it would cause her and my sister hardships in addition to my own. When her mother (my sister) works on evenings and weekends, I am the one who cares for her, plays with her, takes her on outings and tucks her in at night (her father lives 4 hours away and rarely visits). NIECE has become such a part of my life; leaving her would be like abandoning my own child. In addition, she loves and admires HUSBAND and asks for him every day, unable to understand why he isn’t here. Between her father’s absence and her grandfather’s recent departure, HUSBAND’s presence can provide a stable, daily male figure in her life that she does not otherwise have. If HUSBAND is not allowed to return, NIECE will suffer great distress wondering why another man she loves is gone.
I love my family dearly and have never gone more than a couple of months without seeing them. I wouldn’t be able to afford plane tickets, averaging $700- $1000, to visit my family (see below), and phone calls would be too expensive to make very often. This would also greatly add to the growing anxiety attacks I already experience, and is likely to trigger depression (See Exhibit D).
Additionally, HUSBAND only has an aunt and 2 cousins in Venezuela who live in different cities. Due to my inability to speak Spanish, I felt alienated when I spent time with them, and will surely be isolated, and terribly lonely without friends and family to talk to. Being separated from my full, close and loving family will create great emotional distress and hardship to myself and to my family, all of whom are U.S. Citizens. If HUSBAND is not admitted back to the United States, I will never be united with my entire family at the same time.
III. FINANCIAL HARDSHIP AND LACK OF EDUCATIONAL OPPORTUNITY
Here in the U.S. I am employed with an annual salary of $39,000 plus wonderful benefits including tuition reimbursement. I intend to begin graduate school to expand my opportunities in my current field (which I am ill-equipped for with my real estate background), especially since my employer will reimburse a significant portion of my tuition. If I were to move to Venezuela, I would have to leave my job with virtually no prospects to look forward to, and graduate school would no longer be an option (both since I don’t understand Spanish). In addition to that, this would also shatter my chances of future employability in the United States once we are finally able to return. Since it will be impossible to maintain my career in Venezuela (due in major part to my inability to speak the language), my professional standing and career would be ruined.
The unemployment rate in Venezuela is 18%. With about 47% of the population living below the poverty line, it is virtually impossible that I, an American who doesn’t speak Spanish, will be able to secure any employment at all. The minimum wage is about $188/month, though many earn less and have no benefits. HUSBAND has had great difficulty finding any permanent employment, with offers of less than minimum wage, part-time or temporary work, and occasional contract assignments such as translating documents. Even with both of us working, this would not be enough to live on; with only HUSBAND working, it will mean certain poverty (see Exhibit E)
It would also mean that my credit rating would be destroyed. With credit card bills nearing $10,000 (many stemming from legal fees related to HUSBAND’s case), I would be unable to maintain any payments whatsoever (see Exhibit F). My current earnings allow me to pay my bills as well as provide money to my husband so that he may maintain a reasonable and secure standard of living. After making all payments, I have just enough money left over for phone calls to Venezuela and can barely afford the airfare to visit more than once or twice a year. In Venezuela, without my current salary to rely upon, not only would we be subjected to the extreme hardship of living in horrifically sub-standard conditions, but also we would have nothing to return to the U.S. with except damaged credit and debts. However, with HUSBAND in the U.S., he will be gainfully employed and, without the burden of maintaining a second household, our combined income would allow us to quickly pay our debts, buy a home and start a family; none of this will be possible if he is not here.
IV. I DO NOT SPEAK SPANISH
As I have indicated, I do not speak Spanish. This will contribute to and exacerbate the extreme hardships I have already discussed. My lack of Spanish language skills in Venezuela will:
• nullify my efforts to find employment
• make me more vulnerable to crimes targeted to Americans
• make me extremely isolated socially
• make regular activities such as shopping and going to church extremely difficult
VI. HUSBAND ’S CASE FACTS:
HUSBAND was brought to the U.S. by his mother with a valid non-immigrant visa when he was only 11 years old. His mother applied for political asylum but the case was denied. Her attorney filed an appeal and obtained an Employment Authorization Card for her while it was pending. When HUSBAND turned 18, he too received a Social Security Card and Employment Authorization. The same attorney continued to re-apply for the Employment Authorizations annually under the pretense that the appeal was still pending. After working lawfully in the U.S. and paying taxes for several years, the Work Authorization Cards were denied at renewal in 2002 because it was discovered that the appeal for asylum had been denied several years before.
Their attorney had never informed them of the denial of the appeal and falsely misled them into believing that they were living and working legally in the U.S. for many years (see Exhibit G).
HUSBAND and I were already engaged when his Work Authorization was not renewed in 2002, and married on November 12 of that year. While seeking legal advice, we discovered that a deportation order had been issued against his mother (and him, inclusively) in 1997 when he was only 14. He was 20 when we found out and realized too late that he had already remained in the U.S. illegally for all those years without having known it. We were advised by several attorneys to file the I-130 Petition promptly and wait for it to be adjudicated here in the U.S. Sadly, 1 ½ years into our marriage, while the I-130 was still pending, HUSBAND was detained during a routine traffic stop when his driver’s license was checked, and was deported 6 weeks later following a painful and costly legal battle. Now, following his interview at the U.S. Consulate in Caracas, Venezuela, he respectfully seeks this waiver to return home to me.
SUMMARY
I ask you sincerely to take into consideration all these hardships and unbearable decisions that I face while separated from my husband. If HUSBAND is denied permission to return to the U.S., you will be placing me in an impossible dilemma, asking me to face risking my life and the lives, well-being and very existence of my future children – future citizens of the United States – by moving to Venezuela to reunite with my husband in fulfillment of our sacred, profound marital bond. I would also be forsaking my relationship with my family and my secure employment and career opportunities.
Please take into consideration that HUSBAND was only a child when he came to the U.S. and was entirely ignorant of his own status until he reached the age of 20, when it was too late. He had no reason to question the valid Social Security Card and Work Authorizations he was given. He is an innocent victim of an unethical attorney. He did not choose to come to the U.S. at age 11 and did not choose to overstay his visa and remain here in an illegal status. He is a hard-working, law-abiding person who spent more than half his life in the U.S. and contributed greatly to his community with his musical talents and through his church.
I need to have my husband here with me in the U.S. I love my country and am a very proud American citizen. I would not believe that my own country would keep me separated from my husband, when the government has fully recognized our marriage in approving our I-130 petition. Doing so would shatter the confidence I have in my own government to protect me, as keeping me separated from my husband would destroy me.
Please allow HUSBAND to come home to me, so that we may once again live together as husband and wife. Please give us the opportunity to live the American Dream – to start a business together, buy a home, and raise a family – in the safety and security of the great U.S.A. that so many Americans take for granted every day.
Sincerely,
USC
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Exhibit Contents and Sources
Exhibit A - Safety concerns in Venezuela
Consular Information Sheet on Venezuela
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1059.html
Current Situation in Venezuela (Consular Announcement)
http://caracas.usembassy.gov/situation.html
Latin America's New Fidel (Herald Tribune)
http://www.iht.com/articles/2005/04/26/opinion/edbremmer.php
More Friction Between US and Venezuela
http://www2.rnw.nl/rnw/en/currentaffairs/region/southamerica/ven050325?view=Standard
Murders per Capita - Venezuela 4th Highest
http://www.nationmaster.com/graph-T/cri_mur_cap
Exhibit B - Reproductive health issues
Letter from Dr. xxxx, MD
Medline Plus - Cold Knife Cone Biopsy
http://www.nlm.nih.gov/medlineplus/ency/article/003910.htm
Cone Biopsy…
http://my.webmd.com/hw/womens_conditions/hw27835.asp
Cervical Cancer
http://www.oncologychannel.com/cervicalcancer/
National Cervical Cancer Coalition
http://www.nccc-online.org/
Exhibit C - Infant Mortality Rates in Venezuela
http://www.cia.gov/cia/publications/factbook/print/ve.html
Exhibit D - Anxiety Disorders
http://adam.about.com/reports/000028_3.htm
Exhibit E - Poverty, Unemployment, & Minimum Wage
Poverty Line and Unemployment Rates
http://worldfacts.us/Venezuela.htm
Minimum Wage in Venezuela
http://biz.yahoo.com/ap/050427/venezuela_minimum_wage.html?.v=1
Exhibit F - Copies of 2 credit card bills
Exhibit G - Copies of Hubby's Social Security Card and EADs