Examples of approved I-601s through Vienna, Moscow and Athens

[Cynthia]

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

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

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

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

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


-------------------------------


HSL Courtesy of member blueidbill ~ ATHENS

I am posting this in the hopes it may help someone. After a nine month wait from Athens, we were approved and my wife and son are with me as I write. I also sent to the embassy and "addendum" after I visited Istanbul for the second time and there were many bombings while I was there. I am attaching this also. I tried to include statements from my family and statements from my church family also, saying how hard it would be on them. I also included copies of all newspaper reports of the violence in Istanbul to support my claims. I simply subscribed to a daily Google news update and when I came home from my trip I had pages and pages of pertinent news to print out and include.


Re:immigrant spouse, case # -------------Uscis case #----------
1-601 petition
I, USC (United States Citizen) do solemnly swear that the following is true and
correct. My wife, xxxxxxxx(alien), and I were married last June in
Istanbul,Turkey with the intention of bringing her and her 17 year old son,xxxxxxxx to the
United States to live and to be a family together. If she and her son are not allowed to
immigrate, I would suffer extreme financial, emotional and family hardships which
would be devastating to us and our future together.
Financial: I am 52 years of age and have a full time job at a Fortune 500 company
(xxxxxxx Corporation) here in the United States. I am a manager in a retail store. I have
been in this business for 20 plus years I currently have retirement, medical care, paid sick
time,vacation and an opportunity to grow with the company .1 would lose all of this if I
cannot continue to be employed. I have also recently incorporated my own small business
with the intention of being able to provide for myself and my family in the best way
possible. If forced to re-locate to Turkey, I would lose my good credit rating, be unable to
pay my bills and be forced to file bankruptcy and be unable to provide for my family. I
do not speak Turkish and I would not be able to make a living in Turkey. The financial
situation in Turkey, although improved since the financial crisis of 2001, is still
unbalanced(see supporting documents) and the unemployment rate is 10 with 4
under-employment as opposed to 5 unemployment in the United States(according to
the CIA factbook)lfl were forced to live in Turkey awaiting the expiration of the bar,I
would be 59 years old, financially ruined and unemployable in the United States in all but
the most menial jobs. I feel this is not in the best interest of the United States or in
keeping with the policies intended to welcome those that wish to contribute to our
society. In addition my wife is 50 years old and finds it very difficult to make a living in
Turkey. If she were allowed to come to the United States she would be a great asset to
our country. She has worked very hard to survive in Turkey and provide for her son and
she has no criminal record. She is a Christian woman and a single mother. She deeply
regrets the actions that led to this situation and is committed to being a model citizen of
the United States.
Family ties: I have both of my parents living here in California near me, 2 brothers and
their spouses as well as 5 nieces and nephews. We are a close family(see supporting
documents) and it would be a crushing blow to them as well as me to leave them for an
extended period of time. We are very loving, close and get together as much as we can
and we have not ever lived apart from each other our entire lives. If I were forced to leave
this very important support system, I would be very depressed. I know no one except my
wife and stepson in Turkey and I would be very isolated and alone.
Community ties: I am a very committed Christian and I am active in my local church .1
sing in the "worship team" or band and I meet regularly with other believers to encourage
each other and pray. These people are like my family and to leave them and this very
vital support system would be like leaving my biological family. Turkey is 99% Muslim
and I would find it very difficult to practice my religion openly and freely as I am able to do in the United States. My wife is also a Christian as I mentioned and this applies to her
as well.
Personal medical: This process has taken a severe toll on me in both my work and my
personal life. I have trouble sleeping and I am very nervous and upset. I am currently
under my doctor's care for anxiety and insomnia .(see supporting documents)! am very
sure if my wife is not allowed to enter the United States that my condition will decline
and I will need further medical attention. This could certainly impact my health and
aggravate my propensity towards heart disease, stress being a major factor.
Personal safety: I feel that as an American in Turkey I would also be at risk for my
safety. There have been 2 bombings directed at "western interests" in Istanbul within the
last several months alone. There have been wide-spread demonstrations as well. The
stress of this persecution would further exacerbate any other emotional or health concerns
that I have. Also, the situation in Iraq, Iran and Syria, all of which border Turkey is very
unstable and would certainly contribute to this uncertainty and feelings of fear for my
life.
Family Medical: My parents are both 80 years of age this year. My father has coronary
artery disease (see attach doctor's statement) and has had 5 angiograms since 1994,3
angioplasties and 3 stents.He currently has a 50 occlusion in his left artery which is
being monitored. This obviously is a grave situation at their advanced age and could
mean the worst at any time. I have indicated to them that I would be willing to care for
them, should the need arise. If I were in Turkey when I was needed to attend to either or
both of them, it would be a terrible ordeal for me and for them. No mother or father
should be without their children at this time in their life and certainly not at the end of
their lives.
In addition, coronary artery disease is an inherited condition and it is very likely that I
may need treatment also in my later years. I currently have excellent medical coverage at
my workplace and I would be able to obtain medical care here for myself as well as my
wife and stepson. I would certainly not be able to purchase any medical care in Turkey
without employment and this could prove to be a life-threatening situation.
Other family considerations: It must also be included that my wife's son has not been
able to receive any education for the last several years as he is not a citizen of Turkey, but
rather Uzbekistan. This is a very unfortunate situation for a young man. He is a very
bright and he deserves a chance at a good education. This would be a very important
contribution to American society. He definitely will excel and be able to contribute to the
economy and the culture of the United States and he will most certainly not be a burden
on the society , but rather a shining example of the compassion, vision and heart that
America feels for the law abiding, diligent, trustworthy peoples of this world "yearning to
be free".
In conclusion, my wife and I hope that you consider these factors as I have stated them
and find in the best interests of the United States to allow her to immigrate immediately
so that we can live our lives as an example of what the United States is and what it stands
for. Thank you.

In reference to 1-601 petition for Immigrant spouse, USCIS case #--------
Ankara,Turkey case #------------
I, USC, United States citizen petitioner for Immigrant spouse ,would
like to submit the following addendum to the evidence for our 1-601 waiver which we
have presented to the embassy in Ankara, Turkey on the 28th of March, 2006.
Personal safety. I traveled to Turkey during the weeks of March 21st through the
5th of April to be with my wife and to present in person our 1-601 waiver petition.
Included in our petition are serious concerns about the safety of myself and my wife and
son in Turkey. I would like to illustrate the fact that during my two weeks in Turkey there
were 15 people killed by direct consequence of terrorism. In Istanbul there were two
bomb attacks (one at the office of the Turkish prime minister himself) and one attack by a
crowd of men which threw gasoline bombs at a bus, killing three people. Both of the
bomb attacks were in areas in which we were traveling and only by the grace of God did
we not get hurt or killed. The bomb attack of the 2nd of April in the "fatih" district was
only blocks away from a "flea market" where we were in attendance. The attack on the
bus in which 3 people were killed was on the very bus line which we were traveling to
the "bazaar" in the Sultanamet district. During this time also 200 protestors took to the
street in downtown Istanbul, setting fire to a truck, hurling petrol bombs and police had to
respond in force with appropriate measures.(see accompanying news articles for
substantiation)
This violence is not restricted to Istanbul. In the southeast, hundreds clashed with
security forces and riots resulted, a bank was torched and public buildings vandalized
which prompted security forces to fire warning shots and use tear gas, killing one person.
In addition, a suicide bomber was killed at a Turkish mosque in the city ofOrdu.
The United States Government has issued a travel warning on the 31st of March
and also a statement condemning the bombings and the civil unrest on the 3' of April.
Obviously, Turkey is in a state of unrest. This is an impossible situation for an
American such as me to be in and I feel it is in the best interests of the United States to
allow my wife to come here to be with me. I cannot go and live in Turkey in the current
state of terrorism. I would definitely fear for my life and that of my family.My wife is not
a security risk and sincerely regrets the actions of her over-stay which has resulted in this
present situation. She will be a positive, hard-working member of the United States and
an asset to our nation.
Family medical. In addition, I would like to submit further evidence concerning
my parents (particularly my father's) health which would make it impossible for me to be
away from them in their advanced years and current medical state.
As mentioned in the 1-601 petition, my father has coronary artery disease. He has
had 5 angiograms since 1994,3 stems and currently has a 50 occlusion in his left
artery.(see documents in original I-601)and is in declining health. He is 80 years old next
month. While I was in Turkey, he was rushed to the emergency room for excessive,
constant bleeding and extremely high blood pressure, (see statement from my parents,
attached) His bleeding could not be stopped for 5 hours. This further illustrates the
seriousness of his health and the grave turn it could take at any moment.
Conclusion. The threat to the safety of myself as an American citizen is real and
very serious. Turkey is a very unstable environment and is growing worse daily. My life
is without a doubt in danger as a United States citizen in Turkey. The lives of my wife
and son are also obviously at risk. This fact, along with the declining health of my father
is sufficient grounds to approve the 1-601 waiver that I have submitted and I feel that it is
in the best interests of all concerned, including the United States government, to allow
this waiver to be granted forthwith. Thank you for your attention to this matter.
Sincerely, xxxxxxxxxx

[Cynthia]

HSL Courtesy of member Ridvani – Vienna/Albania

I, xxxx xxxxx, declare under penalty, under the laws of the United States, that the forging is true and correct.

Introduction:
I met my husband, xxxx xxxx through Internet chatting. This communication lasted 6 months, until August 2001, when I was in Kosovo for a short visit to my relatives and aiming to know xxxxx closely. I was in Kosovo with my father and we stayed there for 5 weeks. During this time, we met several times with each other. Afterwards, we kept our relationship for almost two years through Internet communication. My second visit to Kosovo was in June 2003, where I stayed there about two months. My relationship with xxxx became closer and more serious. It was the time that the remaining part of my life i wanted to spend with him. After consulting with my parents and xxxx, we decided to join up and started to live together. On February 2, 2006 we got married. (Attachment 1) After the period of four months, living together (October 2003- January 2004) I got pregnant and so decided to go to the USA in order to give birth to our child. Thus in Albert Einstein Hospital in New York on October 1, 2004 at 5:36 AM was born our daughter ( xxxx),(Attachment 2) who was our greatest joy on our life, but also changed our lives.

Financial and Emotional:
The birth of our daughter created many obligations. The financial state of my family in the USA as well as my husband's was worsen, since he had to close his business.The financial problems started ever since the birth of our daughter (xxxx), due to the increase of expenses and reduction of our incomes. During this time , my family from USA took care of me by supporting and enabling traveling to Kosovo and back to the USA. Our life in Kosovo became difficult, and possibilities to lead to a quiet and happy life were reduced, and this reality effected negatively on our psychological life and became unbearable. Dependence from my family is continuing and they take care of everything I need. This is very unbearable and painful for me, since my husband and myself cannot find a job in Kosovo, because the rate of unemployed here is very high and possibilities to get a job are very small. The statistics from the World Bank the unemployment here is the highest in Europe (Attachment 3 ) During my stay in USA for the period of three months , ( September- December 2005) , I gained the Status of the American Citizenship, and therefore increased the hopes to start a new and better life. Thus, my husband and me decided that our future would be better in the USA due to greater possibilities for more normal life. Considering all these facts we made an appointment as far as visa application in concerned. The first interview appointment was on April 20, 2006, and according to the standards the visa should be approved within six weeks. The idea was that I and my daughter would go first to be prepared well, in order to start a new life. I rented an apartment, furnished it,(Attachment 4) and all this with my financial support of my family. The procedures were prolonged because we were told that my husband should apply for a WAIVER. That was not foreseen in our plans, and we also hoped that, that wouldn't last too long. During that time, I found a job and worked for a Company called "xxxx" in the position as Sales Associate. My mother took care of my daughter. My salary was low, due to my part time work, since my daughter needed me to be near her, I also started a online education, ( Attachment 5 ) because i dropped out of High School when i came in Kosovo, in 2003 and I couldn't continue because i got pregnant , but here we don't have access to the Internet so i can't finish it until i go back to the US. I am also planning to go further with my education, when we go to the US. My brother also found a job for xxxx ( Attachment 6) We missed xxxx a lot, and the expenses were also high and unbearable in comparison to my salary, and my family had also expenses, because only my brother and my sister work, whereas my father is not able for work and he gets SSI Although it was not easy and it was stressing, we decided to be together, because our daughter missed her father a lot, Thus, I terminated my job. On September 16, 2006 my daughter and I came back to Kosovo, and apart from our joy that we had when we joined each other, the old problems were still there and are increasing from day to day. The problems in Kosovo were the same, but now became more serious due to the economical conditions here. During the period of five years that I know xxxx, he was very dear and gentle person and never showed any aggressive or violent action. I know him as quiet and dedicated person towards his family, and what happened to him was imposed and he regrets, and he is also aware for this fault, but we hope that this will not be an obstruction for our dreams to come true and live and work in the USA, seeing and supporting our daughter to grow up. We also want to have more children but because the life here is difficult we can't even think about having other kids. We want our kids to have a beautiful life, and we are sure that if we live in the US we can give them all they need.

Family:
I am very close with my family, my mother, father, sister and brother. Being separated from my family would increase my emotional duress. I have a very close relationship with my family and i am in daily contact with them. Apart from my close family, many close relatives of mine live in the USA, such as; three uncles with their families, and some other relatives. Here in Kosovo in a relatively small house, live eleven members of the family, my father and mother in law, my brother and sister in law and their 4 children. Because of the low incomes that we have the life here is getting more difficult. My sister in law who gets xxx euro (Attachment 7) per month and my father's in law pension which is xxx(Attachment 8) euro per month are all incomes that we have for a month, my family also helps me financially for my daughter's needs. My father in law has a sickness called Myasthenia Gravis (Attachment 9) whose pills are very expensive, Our daughter, who is growing, has restricted possibilities for a normal development. She is also getting sick very often, the tobacco use here is very high and is negatively effecting her health. She is always coughing ever since i came back, she was a very healthy girl but as i mentioned before the life here is getting worse every day. I just did some blood tests and they came out that she is anemic ( Attachment 10) The doctors here are not as good as in the US, right now they all are on a strike, because they want a higher wage

Conclusion:
I respectfully requests that consideration be given to the extreme hardships noted above and grants approval for the waiver. This will then allow us to become a fully functional family unit. My husband's criminal offence was 3 years ago and since such time he has shown he is deeply repentant and has shown that he is an honest and upstanding citizen of Kosovo I will have unusual extreme hardship going on with my life if my husband is denied entry into the United state of America

Sincerely

[Cynthia]

This hardship letter is from Panamr - Her husband is from Romania. The waiver was adjudicated in Austria.


March 15, 2004

United States Embassy
Filipescu 26
Bucharest, Romania

RE: LETTER BRIEF/ APPLICATIONS FOR WAIVERS
ALIEN NAME A# XXXXXXXXX

To Whom It May Concern:

I am submitting this letter brief in support of ALIENS extreme hardship waiver so that he may join in US CITIZEN and enter the United States on a K-3 visa. ALIEN previously appeared at your consul for an interview on his K-3 petition but was advised he needed to submit I-192 and I-601 waivers seeking discretionary relief under INS 2129(a)(9)(B)(v) and/or INA 212 (d)(3).

ALIEN had entered the U.S. as an alien crewman (D-1) and his authorization stay expired on August 28, 2001. Unfortunately, he and his US CITIZEN were encouraged to file an adjustment application (I-485) with the INS by another immigration attorney. The couple was never advised that he would be ineligible for adjustment because he entered as a crewman. The petition and application were filed on July 10, 2002 and the matter was not granfathered under section 245(i). The application (I-485) was denied, and he was placed in removal proceedings on July 25, 2002.

We were thereafter retained and ALIEN immediately filed an emergent request for voluntary departure, and he was granted such relief by the Immigration court. ALIEN departed the United States on November 20, 2002 under voluntary departure.

ALIEN now seeks a waiver of inadmissibility premised on extreme hardship to his US CITIZEN. We are submitting herewith applications I-192 and I-601 and hopefully you will agree that he is deserving of both the nonimmigrant and immigrant waivers premised on the argument set forth below.

I. HARDSHIP TO THE U.S. CITIZEN (U.S. CITEZENS NAME)

MEDICAL

US CITIZEN has significant health issues that require repetitive consultation and review. These health issues are life threatening if the conditions are not appropriately monitored and adequate care is not received. Significant stress will contribute to the likelihood of reoccurrence and considerable pain associated with these maladies.

A. MEDICAL CONDITIONS

US CITIZEN was diagnosed with a moderate state of Cervical Dysplasia in July 2003. Cervical Dysplasia is considered to be a pre-cancerous condition. If left untreated, or poorly treated, there is a 30-50% chance that the cervical dysplasia will progress to invasive cervical cancer, which has a 30% mortality rate. Moderate dysplasia has a higher rate of progression to cancer. In the case of US CITIZEN, several factors further increase this risk. First, US CITIZEN is a Native American woman. Second, her current economic situation (due to the distance between herself and her husband) is strained, and further strain, or the necessity to leave the United States to be with her husband, could affect her ability to receive regular screening. (See Exhibit A, http://www.womenshealthchannel.com/). According to the Women’s Health Channel website:

“Invasive cervical cancer is more common in women ¼ of poor socioeconomic status, who are less likely to receive regular screenings…There is also a higher rate of incidence among ¼ Native American women.”

In October 2003, US CITIZEN received a LEEP procedure. The LEEP procedure surgically removes the pre-cancerous cells from the cervix. It is generally used when the pre-cancerous cells have reached a more advanced depth, and other methods, such as freezing, are unlikely to remove all of the cells. (See Exhibit B) Thus the use of this treatment suggests a higher risk for the future development of cervical cancer. After the procedure, the physician assigns the best course of follow-up measures for the patient. DOCTOR NAME, the operating physician states:

“US CITIZEN needs to have pap smears every three months for one year and every six months for two years in order to assure us of her not developing a recurrence of her dysplasia in the future.“ (See Exhibit C)

It is imperative that these follow-up appointments are utilized to be sure that the pre-cancerous tissue was completely removed and that the abnormal cells do not return.

The Romanian healthcare system does not have adequate facilities to provide proper detection of Cervical Dysplasia, nor prevention of its progression into Cervical Cancer. Accordingly, DOCTOR NAME, US CITIZEN’s family physician, states:

“I believe that US CITIZEN’s healthcare needs would be better addressed in the United States. I am comfortable with the idea that in the United States, we follow Standard of Care and Treatment Guideline in caring for a patient. This means that if US CITIZEN were to move to other states or cities, there are certain protocols in place for health professional’s to address her health conditions and concerns. I am not so sure that she would be able to attain this high level of care that she has grown up with in Romania. In addition, I believe that uprooting her from the United States and placing her in Romania would exacerbate her health conditions secondary to having to undergo cultural transitions.“ (See Exhibit D)

If US CITIZEN develops cervical cancer while in the USA, physicians at the hospital US CITIZEN works for may treat it. The hospital has a cancer center that is very knowledgeable in this area, and has dealt with numerous patients that have been diagnosed with cervical cancer. In Romania, the medical system is not as technologically advanced or well equipped to deal with cancers of this nature, even if it would be diagnosed in time for treatment. If the recommended preventative measures are not followed US CITIZEN could develop cervical cancer, and, without proper treatment, she could die.
According to the Project Concern International Romania report:

“Findings suggest that patient access to the nearest specialist-facility is a principle barrier to cervical cancer screening among women of reproductive age. In addition, a barrier to quality provision of this service is the poor relationship between the general practitioner and the OBGYN, which is commonly marked by a lack of professional courtesy, collaboration and teamwork.” (See Exhibit E)

US CITIZEN has also been diagnosed with Bursitis of the knee, which means that the bursa located in front of the kneecap becomes inflamed, fills with fluid and causes swelling at the top of the knee. Problems caused are pain with activity, rapid swelling on the front of the kneecap and tenderness to the touch. If chronic swelling occurs, it may cause disability. Under these circumstances, the physician may decide to aspirate the bursa with a needle or an orthopaedic surgeon may recommend surgical removal of the bursa. (See Exhibit F) DOCTOR NAME states:

“I believe that all of these conditions have been made worse from the emotional stressor of being separated from her husband.” (See the Holmes-Rahe Social Readjustment Rating Scale in Section II, or Exhibit G).

It has been extensively researched that the hospitals in Romania are at an all time low with providing adequate healthcare for patients. According to Project Concern International Romania:

“Economic hardship has led to widespread malnutrition and has hampered government efforts to provide adequate health services. These factors contribute to the current health care crisis in Romania. Patients have to bring their own food, soap, and toilet paper. The doctors require additional money (under the table funds) to give adequate follow up care to a patient” (www.pciromania.org, See Exhibit E).

This suggests that neither the Bursitis nor the Cervical Dysplasia would be appropriately treated. The care recommended for US CITIZEN requires recurring examinations. It is unlikely that the Romanian healthcare system would be able to provide the level of care and preventative measures that US CITIZEN would require. This lack of care could result in serious problems for US CITIZEN, or even death.

B. INSURANCE

US CITIZEN works at a healthcare facility. Therefore, she receives excellent healthcare insurance coverage as well as access to the facilities with employee discount benefits. Additionally, US CITIZEN is a member of the Sac and Fox Native American tribe. The tribe, which not only provides financial assistance to the tribe members when needing healthcare coverage, they also provide facilities dedicated specifically to Native Americans. If US CITIZEN is forced to leave the United States and move to Romania she will lose her Indian Healthcare benefits because the tribe rules articulate that if a member leaves the United States, they will lose their healthcare benefits and ability to use the Native American healthcare facilities. (See Exhibit H) US CITIZEN will also be forced to quit her job and in doing so she will have to forfeit her healthcare insurance, which is the means she uses to cover her current and future healthcare coverage. Therefore, without the healthcare coverage offered by her job or her Native American tribal affiliations, US CITZEN will not have access to, or the ability to pay for the necessary healthcare.

Given the current economic state of Romania, in which the average income is $75-$100 month, it is highly unlikely that US CITIZEN will be able to afford quality care. $75-$100 is not enough to cover basic healthcare expenses, let alone the additional money (“under the table bribes”) necessary to obtain proper treatment. Since US CITIZEN does not speak Romanian she would not be able to get a job that offers healthcare coverage to the employees.

Albeit of lesser concern, an additional medical stressor must be addressed. US CITIZEN had a bilateral LASIK Laser Vision Correction procedure done. This corrected her vision to 20/25. Part of the operation benefits was the TLC Lifetime Commitment, which entitled US CITIZEN to lifetime, cost free, vision corrections should her vision regress. One of the requirements to continuing as a Lifetime Commitment member is to have an annual eye exam. TLC does not currently have centers or an Affiliate Optometrist in Romania. Therefore, moving to Romania will affect her ability to keep her annual exams required by TLC and may void her protection under the TLC Lifetime Commitment plan. (See Exhibit I)

Psychological

Once ALIEN voluntarily departed from the United States, US CITIZEN was diagnosed by her family physician, DOCTOR NAME, with Major Depressive Disorder. DOCTOR NAME placed US CITIZEN on the antidepressant Zoloft, and referred her to undergo counseling.

Due to DOCTOR NAME recommendation, US CITIZEN’s supervisor suggested US CITIZEN speak with a employee assistance professional in EMPLOYERS Corporate Assistance Program. This is a confidential service provided to employees when they are going through depression, financial hardship or some other traumatic event in their life. According to US CITIZEN’s supervisor, SUPERVISORS NAME:

“I’ve noticed that she has been depressed and because of this depression she has lost quite a bit of weight. In addition to her weight loss, US CITIZEN has become increasingly moody, quiet and has tried to keep her sadness hidden inside herself. It would be too hard for her to talk about her hardship with others and maintain a professional demeanor.” (See Exhibit J)

Based on SUPERVISORS NAME’s suggestion, US CITIZN saw COUNSELOR NAME, a counselor through this program, on several occasions. He recommended US CITIZEN to seek further counseling from a therapist. (See Exhibit K) COUNSELORS NAME states:

“The concerns addressed were the stress that US CITIZEN experienced at work and in life due to the absence of her husband.”

US CITIZEN then sought counseling from PSYCHOLOGISTS NAME, a certified psychologist. PSYCHOLOGISTS NAME states in her report:

“US CITIZEN’s case is exacerbated by psychological factors. Test data does confirm that US CITIZEN is highly anxious and depressed and feeling very negative about herself. She is somewhat dependent. However, she is the only wage earner and sends ALIEN money when able to do so. She is extremely close to her family and members of her extended family. US CITIZEN appears to have been closest with her cousins. Given her close family ties, her health history, and the necessity of providing and income, US CITIZEN continues to spiral downward into depression. Unable to work in Romania nor complete and education, the prospect of a ten year separation is daunting.
The majority of drawing cues indicate that US CITIZEN is feeling inadequate and insecure. She is somewhat timid, dependent, and feels helpless and weak and tends to prefer to keep her feelings secret; for she does not trust easily. Her energy appears to be somewhat low at this time, perhaps because she is most likely to use her energy to over compensate for self-perceived weaknesses. She is also intensely feels the pressures and inhibitions of her environment. She clearly fears the future.” (See Exhibit L)

Due to the extreme hardship US CITIZEN has experienced as a result of the separation from her husband, and will experience if forced to move from her family and country, US CITIZEN has suffered psychologically. She misses the emotional support her husband provides in regards to celebrating personal achievements, such as a recent promotion at work, and celebrating national holidays with each other and with their family. Each holiday, birthday, and anniversary they do not spend together sends US CITIZEN into a state of depression.

Pregnancy

US CITIZEN and her husband, ALIEN, want to start a family in the immediate future. However, they fear that, due to the present practices and conditions in Romanian hospitals, there are serious risks to both US CITIZENS’s own health and to that of any child born to US CITIZEN in Romania. According to Project Concern International Romania:

“Maternity and Infant Mortality Rates [in Romania] are amongst the highest in Europe.” (See Exhibit E)

On the other hand, if forced to wait to start their family until the 10-year bar is finished, US CITIZEN will be 35-40 years old. http://www.parenting.com/ states the following:

“Fertility continues to decline after age 35. The decline is due mostly to the fact that the woman’s eggs are aging and they become more difficult to fertilize. The risk of high blood pressure during pregnancy is about double to woman over 35 compared with younger ones. In addition, the risks of having a baby with Down syndrome or another type of chromosomal disorder being to rise significantly” (See Exhibit M).

Therefore, if US CITIZEN waits until she is 35-40 years of age to become pregnant, both she and her child will be exposed to numerous high risk factors.

Also, Romania has a severe AIDS epidemic for young children. Highlights on Health in Romania report:

“The main reason for these infections with HIV is injections with contaminated blood and needles. Romania has 99% of the children 0-12 years old with AIDS in the western and northern European countries.”

This would add yet another concern to the list of medical concerns that would be experienced by both US CITIZEN and her husband, should they choose to have a child in Romania. (See Exhibit N)

EDUCATIONAL

US CITIZEN is currently studying for her Bachelor’s degree in Accounting at the University of Central Oklahoma. She is a student in very good standing and is expected to successfully complete all requirements for her Bachelor’s degree and subsequently take the Certified Public Accounts (CPA) exam. With this degree, and the CPA certification, she could be expected to earn annually $30,320 to $82,730, depending upon the context of her employment. However, in order to test for the CPA exam US CITIZEN would have to live in the United States. The CPA requires every applicant to have graduated from an accredited four-year college or university with a major in accounting, and to have at least 150 semester hours from an accredited four-year college. Currently, US CITIZEN has accrued 110 semester hours towards this degree. (See Exhibit O)

If forced to leave the country, US CITIZEN will have to forfeit the possibility of finishing her education because Romania does not teach, at a college level, in English and US CITIZEN does not know the Romanian language. Additionally, due to CPA requirements, she would no longer be eligible to take the CPA exam. According to Despina Barbieru, the International Programs representative at the Romanian-American University:

“In order to enroll in our university, you must speak the Romanian language as teaching here is in Romanian.” (See Exhibit P)

US CITIZEN receives educational payment assistance from both her employer and from her Native American tribe. If forced to leave the country, she would be forced to forfeit both the reimbursement from her employer because she would be forced to quit; and the Native American tribe has regulations that state a tribal member would not be eligible for Education department services if they move outside of the country. This would pose extreme hardship to US CITIZEN because she has dedicated 5 years of her life to attain this degree and would be forced to halt her efforts due to lack of educational facilities, language barriers and financial issues in Romania.

Even if US CITIZEN were to finish her education here in the United States, and to become certified as a public accountant, she would not be able to attain similar financial independence in Romania. The average salary in Romania is $75-$100 dollars per month. However, it is unlikely that US CITIZEN would be able to obtain a job, in Romania, in her field at all as she does not speak Romanian, and all of her training, both past and future has been done in the United States, in accordance with U.S. laws. Thus, if required to move to Romania for the sake of her marriage, US CITIZEN would not be able to complete her studies, would not be able to find a job in her chosen field, and would not be able to earn a salary comparable to that of a U.S. salary.

Economic

US CITIZEN would suffer economic hardship because she would have to quit her job in the United States to move to Romania. In the United States, US CITIZEN currently makes the minimum adequate income to support herself, however this is only with the aid of her parents. US CITIZENS PARENTS have considerately allowed US CITIZEN to stay in their residence while US CITIZEN tries to take care of the financial responsibilities she carries. She currently maintains payments on financial loans, student loans, attorney fees, phone bills ranging from $80-$100 dollars a month to speak with her husband, and sends her husband funds to help him financially while in Romania. (See Exhibit Q)

If ALIEN were permitted to return to the United States he could help her resolve the current financial despair she is in. ALIENS’s educational history leans towards electritional work , which earns approximately $40,000 to $65,000 in the USA. Additionally, he is a dedicated and hard worker and many people would be happy to employ him. Currently, ALIEN is at a disadvantage for finding work while he lives with his family in Romania because they live in a small town whose only business comes from summer vacationers. Work is difficult to find for ALIEN and he is not able to provide financial support to either US CITIZEN or his Romanian family, thereby increasing the burden on US CITIZEN. Given the information above that US CITIZEN would not be able to help provide income and the average monthly income is $75 to $100 month, if US CITIZEN is forced to live in Romania they would not be able to afford a home of their own in another city. Therefore they would be forced to live with ALIEN’s family in their one bedroom apartment.

If US CITIZEN quits her job to move to Romania and be with her husband, it is unlikely that she will be able to find a job (due to lack of training, language barriers, and the overall economic situation in Romania.) This would make her situation even graver and would impact numerous portions of her life: psychological, physical (see medical section), and even future family life. Not only would this provoke serious depression due to loss of ability to provide income, but financial difficulties would also affect the possibility of her and her husband starting a family. This would be an extreme hardship to US CITIZEN because she desperately wants to start her own family with her husband.

Additionally, due to these financial and economic issues both US CITIZEN and ALIEN would be forced to live with ALIEN’s family, who reside in a one-bedroom apartment. Currently, including ALIEN, there are four people living in this apartment. During the wintertime, the residents are allowed hot water twice during the week. This would be a very severe change in living standards for US CITIZEN, and would further increase her levels of hardship.

Family Ties

US CITIZEN is exceptionally close and emotionally dependent on her United States family. She is an only child to her mother and father. They have lived in close proximity of one another through out a majority of her life. US CITIZEN attempted to live in another state at one point, but moved back within six months due to the emotional depression she experienced from being separated from her parents and family. PSYCHOLOGIST states:

“As a child, US CITIZEN was subjected to long separations from her military father. Her mother does not cope well with the separations. US CITIZEN has always lived with her mother during those separations. She attempted to become more independent and moved to California with a cousin. Six months later she returned home because neither she nor her mother could handle the separation. (See Exhibit L)

US CITIZENS MOTHER states:

“I know the United States and international law recognizes the unique relationship between parent and child and that family unification has long been a cornerstone of these laws. I maintain a very close relationship with my only child, US CITIZEN, and my love for her is unconditional. At times, when I’m alone, I cry because of the possibility of losing the closeness we share if she is forced to move to Romania. Please, I plead with you, to understand, respect and uphold the bond between parent and child.” (See Exhibit R)

US CITIZENS FATHER states:

“Since the separation, due to voluntary departure, I’ve noticed US CITIZEN is…consistently depressed and stressed…attention span is haphazard…and has developed numerous physical ailments. Please, I implore you to assist us in reuniting these two young individuals and allowing them to resume their lives and future in the United States.” (See Exhibit S)

Her entire family lives within the United States and in Oklahoma City. They frequently see each other for family events (such as birthdays), holidays and daily gatherings. If forced to move to Romania she would have limited if any contact with her family. This is not only in regards to distance and financial issues, but also to the current threat of terrorist attacks upon international flights. The extreme hardship on both US CITIZEN, her parents and immediate family would be extreme given they could rarely see one another, and when they did, they would have to worry about their safety and well being.

US CITIZENS COUSIN recently had a baby. US CITIZEN has helped US CITIZENS COUSIN, a single mother, with many challenges she has faced (babysitting, moving, and emotional support) and in the process has grown attached to both COUSINS BABY and US CITIZENS COUSIN. It would be an extreme hardship on US CITIZEN AND HER COUSIN to separate them from one another.

Heritage

US CITIZEN is a Native American and a member of the Sac and Fox tribe. Being a Native American is a cultural heritage that is extensively celebrated in the United States. US CITIZEN and her family frequently attend Native American Pow Wows, adoptions, name-giving ceremonies, and feasts in celebration of the Native American heritage. In addition, US CITIZEN attends a yearly “ghost feast”, which is an honorable celebration in remembrance of her great-grandfather. The family comes together on his land, eats his favorite foods, and share in his memory. Each family member is assigned a particular task by her great-grandmother. If forced to move to Romania, she would be deprived of this part of her cultural heritage.

This would create an extreme hardship on not only US CITIZEN, because she is in close contact with her heritage and Native American family, but also her future children who will not be entitled to rightfully experience their Native American heritage.

In addition, if forced to leave her home country and live in Romania, the possibility of meeting friends or contacts, in Romania, that share her Native American heritage are unlikely. This would create additional hardship.

II. THE HOLMES-RAHE SOCIAL READJUSTMENT RATING
SCALE

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

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

The scale uses the weighting of Life Changes Units (LCU's) as a means of being able to predict vulnerability to medical illness. 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, which occur with frequency and intensity, are significant variables in the development of medical illness. It is not possible to predict exactly which illness might occur. However, degree of vulnerability can be predicted. (Pre-existing conditions are presumed to be highly vulnerable to exacerbation).

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

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

LCU 150-130: 51% Chance of illness or injury in two year period

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

This Scale was applied to US CITIZEN (on the assumed basis that she was forced to move to Romania). US CITIZENS score on this instrument was " 455 ". On the other hand, if ALIEN were admitted to the USA her score would drop dramatically to 125.

If she is forced to move to Romania, she is clearly within the highest-risk range of developing medical illness or injury in the two years following her move.

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

III. Family Unity

In addition, US CITIZEN would experience and extreme hardship due to the fact that if forced to live in Romania she would almost never be united with her entire family. Meaning that she would not be with her husband and her family at the same time. The ability for her husband to interact with her family in family settings is imperative to all involved and would be unattainable if forced to live in Romania. This would not only be an extreme hardship on US CITIZEN but on her family and husband since they would lose the ability to grow together as a unit.

FAMILY FRIEND says this of US CITIZEN and ALIEN:

“My husband, my son, and I went to Oklahoma after they had been married a few months. What we saw was a family; probably closer and more cohesive than quite a few American families. US CITIZEN AND ALIEN were sweet together. ALIEN ‘fit in’ with US CITIZENS parents. He was personable and great company, especially to our then 15-year-old son. Since ALIENS deportation, I’ve seen how hard it’s been for US CITIZEN and her parents. They are a close-knit unit.” (See Exhibit T)

US CITIZEN is incredibly close to her family and close relatives and friends. Her life is in Oklahoma City. However, she is incomplete without her husband. They balance each other’s strengths and weaknesses. When she is irate, he understands. When he is frustrated, she is patient. She needs him to share in the joys of life, in the extreme hardships that she currently has to endure. US CITIZEN is dependent on ALIEN, for his love, integrity, his emotional support and financial support. ALIENS presence is imperative to US CITIZENS person.

ALIEN is a good man. Both US CITIZEN and ALIEN are aware that breaking the law was a mistake, but it is not characteristic of ALIEN and will never happen again. ALIEN is terribly sorry for all of the harm he has done to the United States. He is a hard worker with a strong sense of integrity. He wants the opportunity to raise and support a family with his wife US CITIZEN in the United States.

US CITIZENS MOTHER says this about ALIEN:

“ALIEN is my son-in-law, but in my heart, he is my son. I could not of asked for a more loving and caring son. When my husband was away for 3 months, ALIEN was there to mow the yard for me and help me when I had car problems. He was there for us when my father had prostate surgery. ALIEN has a caring heart and I am proud he is my son.” (See Exhibit R)

IV. CONCLUSION

Because this is a full and complete marriage with intense emotional, social, familial, economic, and spiritual ties, US CITIZEN reciprocal bond with ALIEN must be granted great weight while accessing what would happen to US CITIZEN if ALIEN were not admitted to the United States. All extra hardships are built upon the base of significant, although usual hardship. In other words, it is of note that US CITIZEN misses her husband painfully, is uncertain and frightened about her future because it depends upon the status of her husband, etc. However, these are considered herein to be “simply” the backdrop from those other, previously listed hardship that, individually and when combined and interacting are severe. In other words, the enormous strain of being separated from her husband constitutes a powerful hardship to US CITIZEN. Te other hardship on top of this one culminate in her being potentially and actually subjected to extreme and unusual hardship. We respectfully request the waivers be approved.

Attorney’s signature Attorney name, address, telephone number

[Cynthia]

Approved HSL Courtesy of Member cindy101 ~ Filed in Albania, approved in Vienna
Approval Thread: http://immigrate2us.net/forum/showthread.php?t=5762

(Also pls note, my sister has cancer and is undergoing 2 surgeries and radiation and my dad is having heart problems... I added that info to my case this Fall).

U.S. Citizenship and Immigration
Services

April, 8, 2007

Case: XXXXXXXXXX
Beneficiary: SPOUSE (PDOB: Albania, XX-XX-XXXX)


I-601 Affidavit; US Citizen

INTRODUCTION
This is my sworn statement to the Consular Officer regarding the specific implications of the impact of future separation for our family, as well as on our current suffering. My husband, SPOUSE Dade, is the beneficiary of an approved I-130, but due to his immigration violation, he cannot re-enter the country unless he has an extreme hardship waiver. I am asking that you grant the waiver based on extreme hardship to me, a United States Citizen.

SPOUSE has been a major part of my family for the past four and a half years. I met him in 2002, at a time when I was at the lowest of lows a single mother can know; deciding whether to buy her son’s prescription medications or buy food. I was stuck in the catch-22 of making “enough” money to not qualify for government assistance but not having enough money to live. My financial difficulties at that time were a result of my son’s biological father completely abandoning him and not paying the court ordered $xxxx. monthly payments of child support (which to this day have never been paid, proof attached). For the first six months of our relationship SPOUSE and I dated casually. We went out to dinner and a movie or for a walk and a coffee once or twice a week. At that time, my friend XXXX and I traded babysitting favors and SON wasn’t in school, so it was easy to get to spend time with SPOUSE and get to know him without introducing him to my son. Somewhere around the six month mark, SPOUSE and I had a conversation about making our relationship exclusive, and the relationship became much more serious. I consulted with a psychologist (the same one SON sees today) on a plan to gradually introduce SPOUSE into our family. SON’s abrupt abandonment by his biological father left severe emotional damage. The sweet infant I had known turned into an aggressive and hostile toddler who would go into rages and hurt himself and others. SON’s emotional issues made bringing a new person into our family a lot work. We (SPOUSE, the psychologist, and I) planned outings where the three of us (SPOUSE, SON, and I) went to local parks or the zoo to spend time altogether; SON was three and a half at this time. SPOUSE and I also continued to spend some time alone. The transition to a family was something that SON seemed very excited about, and because we took it slowly and cautiously, the family bond grew very strong.





When SPOUSE came into our lives my son was being treated constantly for asthma and upper respiratory infections (due to SON’s premature birth) and ADHD, which was later correctly diagnosed as Bipolar disorder with ADHD. SPOUSE brought with him a positive attitude that was sorely needed. He helped to literally put food on our table, kept my car running, and provided emotional support when I was dealing with the multiple issues involved my son’s special needs; this included rushing him to the ER for breathing treatments or alternating staying home with SON when he was ill. With SPOUSE’s caring support I was able to step back from my single mother role of day-to-day crisis management and start to think about career growth. I was able to focus and apply myself at work with a great intensity that brought two promotions within two years and helped me to get half way through my company sponsored M.B.A program. Most importantly, through our hard work and simple love for SON, SPOUSE has become “dad” to my son. My son’s biological father currently owes over $65,000 in back child support. SON’s biological father has made no effort to pay any child support or establish a relationship with his son; his last attempt to talk to him was a brief call placed to SON back in August 2004.

SPOUSE assumed the responsibility of being a father to my son with both love and courage. This was not an easy decision because of my son’s severe mental and physical illnesses. SPOUSE persevered though, and won the heart of my son. He also helped me; by building a loving and trusting partnership that removed the cynicism I had about successful family relationships from my first marriage. I never expected to meet a man I could love or trust again- let alone wish to marry and spend the rest of my life with. We both thought long and hard about getting married, and when we did get married it was with the full blessings and love of both of our families and friends. Now I cannot imagine my life without him. Our family bond is being irrevocably damaged due to the length of his separation from us. When SPOUSE first left in March of 2006, I was sad and a little scared. Now, I am exhausted from trying to maintain a decent level of work quality, scraping by from paycheck to paycheck, and dependent on antidepressants to help me get out of bed each day to meet my family and work obligations. Each day the separation from SPOUSE has tested me in ways I never imagined- financially, emotionally, and physically.

My reasons for requesting the I-601 waiver are based on the extreme hardships that SON and I would face as United States Citizens if we are forced to move to Albania to keep our family intact if the United States does not approve SPOUSE visa application. I cannot continue the separation of our family with SPOUSE in Albania. So, SPOUSE and I are faced with two options, pursue the I-601 waiver or move to Albania to reunite our family. My friends tease me that I am a logical person, and avoid emotion at all costs. This is truly the hardest time of my life and I started with a logical analysis of the possibility of SON, SPOUSE, and myself living in Albania. I did a lot of research to see if it was a plausible option due to the length of separation we have already faced (12 months) and the level of hardship we are currently suffering. Unfortunately, the facts speak clearly; moving to Albania to enjoy family unity would be a disaster for me and my son.
HEATLH
My seven-year-old son, SON, was diagnosed bipolar and ADHD in 2006 (letter of diagnosis from Dr. xxxxxxx attached). This is a very severe neurological and mental disorder, which can lead to problems with both academic performance and behavior. He sees a psychiatrist monthly and a psychologist every other week on an ongoing basis. Getting him to appointments and maintaining a working relationship with his school is almost a full time job.

In January 2007 alone, I had to miss 3 half days of work and four full days of work caring for SON. In 2006, I had to leave work early every day after he was expelled from the school transportation.

In 2005, I only missed three days taking time off to care for SON, because I had the help of my husband, SPOUSE. I had to use over 30 hours of vacation time in 2006 to take SON to the over 45 medical and psychological appointments he had that year. Since I am salaried, I do not feel the effect on my pay- but rather I feel the stress of having to log onto my laptop all hours of the day and night to try and stay afloat with the heavy workload that I carry.

Any given month has me meeting with somebody at SON’s school face to face or teleconferencing at least once, maintaining a mandatory daily communication journal with the school, two meetings with the psychologist, and one meeting with his psychiatrist. I meet with a psychologist two times a month for myself as well. This is too much for one person to handle alone. It is impacting my ability to do my job. I need help getting SON to his appointments, and caring for him when he is not well. I need help because of the exhaustion that comes with caring for a loved one with a severe mental and neurological disorder. Since SPOUSE has left, SON’s condition has worsened and on my own I have had to deal with: SON strangling himself this year in his classroom, mutilating himself with pencils at school, running in front of a moving school bus, and his running away from the school and school employees into the woods. SON got kicked off school transportation last year for unsafe behavior, which had me miss time at work everyday for two months in order to be able to keep him in school. Correspondence from SON’s schools to corroborate these severe outbursts is attached. This would frighten any parent deeply; imagine having nobody there to support you during these types of crises- now you have seen a glimpse of what it is to walk in my shoes, now imagine walking in my shoes alone for a year, because that is how long my husband has been gone.

Neurological and mental disorders are severe illnesses- often resulting in death or institutionalization for those that lack treatment, or who are not properly treated. Studies show that suicide rates are higher for those who lack treatment or are under treated. Combined long-term medical and psychological treatments are essential for my son’s survival. Statistical data on bi-polar disorder and ADHD in Albania is not to be found, because as a developing nation they cannot afford to treat their citizens with basic healthcare problems, let alone complex neurological and mental conditions. Results from a long-term study based on research done by the National Institute of Health on 406 patients over 44 years conclude:
“Prospectively, the suicide rate decreased over the 44 years' follow-up; Lithium, neuroleptics and antidepressants reduced suicides significantly. Long-term treatment also reduced overall mortality, and combined treatments proved more effective than mono-therapy.”


Aetna, my insurance provider, has researchers to find specialists for their insured clients. They could only find 3 qualified child psychiatrists in the greater XXXXXX area that could take on SON as a patient. XXXXX is in the top twenty cities for providing medical care based on number of hospitals, physicians and nurses. Aetna is a large provider of insurance and I have excellent medical benefits because I work for a Fortune 500 company.
Moving to a 3rd world county, Albania, would be a nightmare. SON currently takes XXXX, XXXXXX, and XXXXX as daily prescription medications. SPOUSE went to three pharmacies in the capital city of Tirana to see if these medications are available; the only medication they have is an active asthma medication, and not the preventative medication he takes today.

The cost of SON’s medications is charted below. I could not afford his medications on my U.S. salary if they were not on my insurance plan. I certainly would not be able to afford them on an Albanian salary. The following information was pulled from my insurance site, www.healthinsuranceX.com. XXXXXis currently still in clinical trials for children, it is not widely distributed in the dosage SON takes today. I would have issues obtaining this drug in remote areas of the world. None of SON’s medications are available in generic form. Albania has limited channel access to medications and does not have the resources to test to ensure product safety for consumers. Counterfeit drugs make it to market due to lack of funding/resources in Albania. Aiden’s

Medication Mfg. Cost Mfg. Cost Annualized Monthly Co-Pay My Cost annualized
5mg xxxxx-Asthma X X X X
5mg XXXXX-Bipolar X X X X
27mg xxxxx-ADHD X X X X
TTL X X X X

My depression: As a result of SPOUSE’s departure and SON’s worsening condition, I am seeking professional help from a psychologist and psychiatrist for progressing depression. Dr. xxxxx is working to help me deal with the stress of having no relief from the 24-hour a day hardship that my son’s disorder brings, the grief from separation from my spouse, and the stress from my high-pressure job. My depression has worsened over the past year, and we have decided that I need to seek pharmaceutical therapy with a psychiatrist Dr. XXXXXXXXXX, to ease some of the panic/depression that keeps me up all hours of the night and unable to focus during the day. I am currently taking 10mg of xxxxxx so I can sleep at night and function at some minimal level, and XXXmg of XXXXXX as a tranquilizer to neutralize some of the stress. Please see Dr. xxxxxx letter attached.

SPOUSE and I want to have another child together. My last pregnancy resulted in premature delivery of my son SON, at 30.5 weeks. My son had to spend 15 days in the neo-natal intensive care unit at Fairview Hospital in Fairview Park, Ohio. This is a hospital in the greater Cleveland area with a level-3 birthing center; certified to handle the most severe pregnancy complications and delivery scenarios. The complications of my pregnancy were due to the fact that I had an incompetent cervix, uterine fibroids, and preterm labor. Due to the incompetent cervix, my doctor advised that I would need a circlage with every future pregnancy.
This is a surgical procedure where they sew the cervix to prevent the baby from just dropping out during the pregnancy, and it must be done in a hospital under anesthesia. Like all surgical procedures performed during pregnancy, there are inherent risks of infection and triggering pre-term labor.

Any future pregnancy I have will be considered a high-risk pregnancy, due to my previous preterm labor and incompetent cervix and my current age (almost 35). I also must give birth to any additional pregnancies via a C-Section. My doctor explained that due to my complications and my two previous uterine surgeries (C-Section and fibroid myomectomy) that I do not have a chance for a V-back, vaginal birth after C-Section.
Albania has very poor health standards. I would not want to give birth to a child there if I had a chance for a normal vaginal delivery pregnancy. In addition, it is well documented that birth defects increase dramatically for women over the age of 35.

There is a very high probability that it would be disastrous to my health and that of an unborn child if I were to carry a pregnancy in Albania. The following statement on the quality of prenatal care in Albania was recently published in an April, 2006 World Bank report :

“A recent survey on reproductive health found that the quality and coverage of prenatal care is of serious concern and ranks among the lowest in the ECA Region. The survey found that while officially reported coverage of prenatal care is high, one in five women who gave birth between 1997 and 2002 did not have any prenatal care. This is one of the highest ratios in the ECA Region, and is similar to Central Asia. The survey also showed that 70 percent of pre-natal care provided was inadequate and that only one in five women had any postnatal follow-up. Although regional data on infant mortality are of questionable reliability, there are indications that mortality rates are higher in the poorest mountainous regions. Improvements in the quality of prenatal and obstetrical care will need to be given higher priority, particularly in the more disadvantaged regions, if Albania strives to move closer towards European averages for maternal and child health outcomes.”

To further drive home the point of the imperative nature for anybody with an at-risk pregnancy to carry and deliver a child in the United States:

Albania
Infant mortality: total 20.75 deaths/ 1000 live births (2006 est.)
United States of America
Infant mortality: total 6.43 deaths/ 1000 live births (2006 est.)


WORK
I currently work at the Industrial and Automotive Products Division of xxxxxxx, a Fortune 500 Company located in xxxxx, Ohio. I work in the sales group and my title is xxxxxxxxx. My role entails working with various groups within Avery, as well as directly with our automotive customers, on high dollar projects to make sure these ventures launch successfully with our valued key automotive customers. As a college-educated person, I make decent money and have excellent benefits. My official job description was changed to 10% travel after our division downsized in 2005. At a time when 34 people lost their jobs I was given a promotion.


SPOUSE’s support of my career and our family was a significant reason why in the midst of a downsizing I was actually able to improve my position within the company. I work very hard to bring in new programs in a declining automotive market in North America so that no other people in our manufacturing facility will have to lose their jobs, because that matters to me on a very personal level. It is what motivates me: to be able to keep profitable manufacturing plants on United States soil, and to keep the generation of wealth in the United States. It bothers me to know that I am not able to do my job to my full potential now because I can’t meet my work and family commitments like I was able to before SPOUSE left the United States. The removal of my husband is impacting my ability to meet my job description. I no longer have someone within reasonable distance that can watch my seven-year-old son when I need to travel for work. Attached in the appendix is a letter from Avery Dennison seeking your assistance in approving this case in order to help me meet my duties as written in my job description.

I work in the manufacturing sector of the automotive industry; this is not a thriving industry in Albania, in fact this industry does not exist in Albania. According to the CIA fact page on Albania, the official unemployment rate is 14.3%, but may exceed 30% (2005).

Also, from the same website is the breakdown of GDP by sector. First, understand that total GDP for Albania is only $20 billion. My experience is in technical sales in the industrial sector. Only 18.8% of the Albanian economy is industrial; the balance is comprised of 23.2% agriculture, and 57.9% service. That is the equivalent of $3.76 billion in industrial goods, which is 38% less than the annual sales of XXXXXXXXX - the company for which I work ($6 billion in sales in 2006). Again, relate the picture of goods manufactured for sale in Albania to that of the US. The total GDP of the US is $12.98 trillion dollars, which breaks down to roughly $2.5 trillion dollars of goods to market or sell, as 20.4% of the US GDP is from industrial goods. It is simply not possible to sell or market products that are not being manufactured. Since my skill set is in selling technogically innovative products, moving to Albania, which is a very low-tech country that cannot even keep the power going for a full day, is not a good fit for my career path.

With that in mind, I would not be able to get a good job in Albania. My brother-in-law (a college-degreed engineer) earns the equivalent of $14,000; his wife a college-educated teacher earns $4,000. I earn slightly less than what an entry-level engineer in the United States makes. If I were to secure a job in Albania at that rate, that means I would be making less than $14,000 if I wanted to work in a legitimate field of business. The truth of the Albanian economy is that most of the thriving businesses are illegal, which is nothing that I want to get involved with.

FINANCIAL
Although I make more money now than when I first met SPOUSE ($XX,XXX over the $XX,XXX when I met him), it would make all the difference to our family if we had SPOUSE’s income in our budget, an additional $XXk. Prior to meeting SPOUSE I was unable to pay for the necessities of life, now I am at a point where I can only afford to live day to day.







Below is what I paid to live in 2006 to maintain a very modest lifestyle:

Costs for Medical Care/Medication/Appointments/Day Care
X Paid co-pays for medication (non-insurance cost if I lived in Albania $XXXX)
X Paid co-pays for psychologists, psychiatrists, and physicians (non-insurance cost $XXXX)
X Medical, dental & vision insurance
X Special needs summer camp- needed for SON's bi-polar disorder (nurse and 1:4 care ratio)
X Before- and after- care during the school year
Subtotal X

Fixed Household Expenses
X Fuel- car
X Rent ($650 a month)
X Groceries ($100 a week)
X Gas bill
X Electric
X Clothes
X Car maintenance
X Auto insurance
X Phone/computer service
X Long distance phone calls to Albania
X Student loans
X 401K loan
Subtotal X

Taxes & Social Security Paid on $40,851
X Federal taxes
X Social Security & Medicare
X State of Ohio taxes
X City taxes
Subtotal X

Special Expenses
X Trip to Albania to file I-130
X Trade classes for SPOUSE in Albania (auto mechanic and HVAC)
Subtotal X
Grand Total 2006 Expenses: X

In 2006 there was $XX,XXX in documented expenses. If you look at running a household like a business, and you look at your profit and loss statement (your operating budget in effect) you will realize that there are economies of scale. The fixed costs in running a household such as rent, medical insurance, heat, electric, and food, do not increase dramatically when you add additional family members. Having SPOUSE’s $XX,000 income back in our family would make the difference between being two paychecks from homeless, where I am today, to being able to save money for our retirement and my son’s future education needs.

My salary $XX,XXX minus fixed expenses for 2006, left me at a deficit of $XXXX. I had no money for emergencies, savings, or any leisure activities. To put this in perspective, if I had to go to the emergency room I might not get admitted because emergency room co-pays are $XX. I had to tell my son no to a lot of things in 2006. I could barely afford Christmas. SPOUSE’s additional income took us from poor working class to comfortable middle class with the ability to save money. It is very stressful to be back in this financial situation after years of working to get out of that situation. Known increases for 2007: rent went to $XXX monthly (additional $XXX in 2007), day camp increased $XXX. Co-pays for medicines and doctor appointments will be higher, an additional $XXX, since we have additional fixed expenses in 2007. The increase in medical/medication costs are due to the fact that SON successfully concluded participation in the bipolar study in December of 2006. This means at least an additional $XXXX will have to be spent in 2007. That raises my deficit for 2007 to $XXXX.

FAMILY
My nuclear family, the only family I really have, consists of my parents and my sister.
My parents lived in XXXXXXX, California, but have come to the XXXXX, Ohio area at least two times a year since they moved to California. SON, SPOUSE, and I have flown out yearly to California for the past five years (2 years for SPOUSE) to visit with my parents for two weeks each visit. My parents moved out to California when my father retired because my mom has debilitating rheumatoid arthritis, she is disabled and has received social security payments for her disability for the past 5 years. They are relocating to the XXXXXXX area to provide moral support, but as my mother cannot be on her feet for long they will be very limited in any assistance they can offer. They will be leaving every January through April because of my mother’s illness for warmer/drier climates, which does not allow me re-entry to my MBA program, nor does it allow me to consistently travel for my job that I need to be able to do. Ultimately, I will spend more of my time helping my parents than they will spend helping me, which adds to my burdens instead of alleviating them. I visit with my sister and her two children in Kentucky at least 6 times yearly.

I talk with both my sister and my parents on an almost daily basis; I depend on my parents for emotional support and I need to be close to give my sister emotional support.
My sister also is diagnosed with bipolar disorder, which is highly genetic and runs in our family. She has struggled her whole life to maintain a proper chemical balance, and has only been marginally successful. Her husband divorced her in 2006 ending their 12-year marriage due to the strain on the marriage and the fact that she was refusing to take her medication. JXXX, my sister’s husband, is the custodial parent of their two children (XXX and XXX- 11 and 9 years old respectively). My sister has liberal visitation rights when she is well and able. As a result of the stress of the divorce, she tried to commit suicide by overdose this past summer. She was unconscious in her apartment for three days. I felt utterly helpless and useless that I could not go down there to help her because I had nobody here to watch SON. I could not even get the Kentucky police to do more than knock on her door to check on her, nor could I get her ex-husband (father of her children) to go check on her. I felt helpless and hopeless. If SPOUSE had been here, I could have driven down and been there within five hours to check on her and get her to the hospital. When, thankfully, she regained consciousness she admitted herself to XXXXXXXX hospital in Louisville and got back on an improved pharmaceutical therapy for her illness. Luckily, she did not cause permanent damage to any of her organs with this latest overdose.
I call her almost everyday to make sure she is balanced and taking her medications, not drinking, and going to her classes (she is a full-time student pursuing a BSN degree at the xxxxxxxxx). It would be impossible for me to be of any assistance in Albania, the cost of calling to the USA is very high and there is a six-hour time difference.
I need to be here and be able to go down and help my sister if she goes into a mental health crisis. She transplanted to the Kentucky area from Ohio with her family five years ago. She wants to stay close to her children, but it is hard for her because, like me, she does not have a close family network there to support her. I need my husband back here so I can be able to do that. I’m not trying to toot my own horn here, but it would not be a good thing if she did not have my support.

EDUCATION
I am an MBA candidate. I have eight classes out of the fifteen needed to achieve my MBA. I had to quit the program temporarily, because I do not have the time to do the schoolwork due to working full-time and caring for a special needs child without the support of my spouse, SPOUSE . I currently have a 3.75 GPA in my program; transcripts are attached. My company, XXXXXXXX, is paying for my advanced education. Obtaining an MBA is a huge opportunity to improve my future earnings, and my opportunity is being delayed because my husband is not here to support me in this endeavor. They have already changed the curriculum for the MBA, and I am afraid that if I do not re-enroll soon, some of the classes I have taken will be considered irrelevant and may add on to the time needed to complete my degree. Right now it will take me at least a full year to complete my degree. Upon completion of my degree, I need to stay with XXXXXXX for a full calendar year after the last class in order to not have to pay back my school expenses. The delay in my schooling is impacting my future career opportunities as well. Experience and education are the two key drivers to future additional compensation and benefits.

My son SON, who is currently in second grade, also has an IEP (Individualized Education Plan) in place to work on his speech concerns and a 504 Plan (Civil rights law that guarantees children with a disability equal access to education) to address his bipolar disorder and ADHD in place at his public school, Valley Vista, due to his special needs.

The IEP is for speech considerations. SON has been meeting two times a week since kindergarten with a speech/language pathologist due to issues he has forming and making correct sounds. He has been struggling to master speaking English with correct pronunciation and his IEP has been renewed for the next calendar year into third grade, as his speech pathologist feels he needs to keep working on this area.

The 504 Plan was put in place this year because of his bipolar/ADHD diagnosis. Initially, we started the year with a basic behavior plan. After SON tried to strangle himself in the classroom, the school moved to the next layer before a full-blown IEP for his bipolar disorder. This is referred to as a Three Tier Response to Intervention plan. They have tightened up his 504 plan and added more resources to measure and monitor SON’s behavioral and academic success. The people on his team are: XXXXXX- principal, XXXXXX- teacher, XXXXXXXX- psychologist, XXXXXX- school counselor, XXXXXXXX- 504 coordinator, XXXXXXX- 504 tutor, XXXXX- district coordinator for 504, and XXXXXXX - speech pathologist. If the intervention is not deemed successful, SON will be moved into a special program at a special school called the “building bridges” program, where he will be in a small classroom with one teacher and a teacher’s aid for 6-8 children, with the ultimate goal of mainstreaming him as he grows capable. If the plan is successful, the school will continue to support the 504 plan in place.
This is a lot of resources to make one little boy successful. I need all of their help because it takes this full team supporting SON for him to have any success in socializing with his peers and maintaining an acceptable academic level.
SON’s grades have gone down since SPOUSE’s departure, and the team has been putting monumental efforts in getting SON’s grades back up so he can get into third grade next year. It would be impossible for me to give SON anywhere near the amount of special support that he receives today in Albania. Since Albania is one of the poorest countries in Europe, they simply cannot afford to resource SON’s education to this degree, and I do not have a special education background or speech pathologist training to be able to help him. When SON comes home from school, he has used up all of the self-control he can muster. It is very hard for one person to work with him everyday on his homework. It was hard for my mom and dad together to support my bipolar sister during her school years; they both have stated to me that they could not have done it on their own.

SAFETY
The following travel advisory is posted on the U.S. Embassy in Tirana’s website:

“The U.S. Embassy in Tirana would like to inform you that the Consular Information Sheet for Albania has recently been updated to reflect a new worldwide standard format, as well as other changes specific to Albania. We would like to take this opportunity to remind all citizens to use particular caution when traveling to the administrative districts of Malesi e Madhe, Shkoder, and Tropoje, due to the recent spate of criminal activities in these regions and the possible danger to American citizens traveling there. Currently, U.S. government employees are subject to travel restrictions concerning these districts.”

There is high crime in Albania, and only minimal law enforcement. It is not a safe place to live and raise a family. I am easily identifiable as a foreigner with my red hair and green eyes and a total lack of ability to speak the native language past a few key greetings. I don’t think at this advanced age in my life my brain can hold another language so different from my own. I already learned French, Spanish, and took a semester of Japanese. Albanian is a very old language, like Greek, and is difficult to pronounce and speak correctly. If it were more like the romance languages I studied in college, it would be easy enough for me to “plug and play” because I understand the grammar and rules; it would simply be a matter of learning new vocabulary. I have tried to learn Albanian with my husband, and even when I think I am pronouncing words correctly he does not understand me.

CONCLUSION
SPOUSE is the love of my life. He has never judged my circumstances, or me; rather he has encouraged SON and I to do our best. He still tries today via long distance communication. He taught me to appreciate whatever I have and to not feel bad about what I do not have. SPOUSE helped me find the courage and conviction to go after the things I want. To that end, I am willing to put my all into getting him back. It is rare to find people that are selfless and so giving of themselves. At this point, I cannot imagine starting over again, and I can’t believe that I would find another person that I could love as much as my husband. SPOUSE has done a lot to rebuild my faith in humanity, and he has done a lot to make our family more successful than it was prior to his presence in our lives.

I know that SPOUSE made a serious transgression in the way he entered the United States. However, how much punishment can be meted out for a crime where there was no true criminal intent? It was his naïve assumption that he would be granted asylum in a country that expounds the very principles that he so much believes in - freedom, justice, and equality. SPOUSE grew up in a communistic, then anarchistic state, where the aftermath is a country that is a literal dustbowl where only the corrupt and criminal thrive.
Albania is a place where democracy is hidden under mountains of bureaucratic corruption, and the concept of a fair election is a joke. (Yes, I monitor the political activities, because the well being of my husband is of paramount importance to me). Albania is so far behind the rest of Europe that their opportunity of getting into the European Union is still years away, if ever. Albania can’t even generate or buy enough power to keep the country juiced up for a whole day. SPOUSE came here, to the United States, to build a good, honest, and moral life - because he doesn’t want to traffic women, children, or drugs (the profitable trades in Albania). Through my eyes, and the eyes of the many other people in the United States that know him and care enough about his fate to have submitted notarized affidavits (enclosed), we all see a man who made one tragic mistake based on bad advice. More than one United States Citizen is paying the price tag. His removal left a small business without a good worker, a woman without a loving husband, and a son without a father.

Since his arrival in the United States, SPOUSE made every attempt to legitimize his status and model the paradigm of a perfect United States Citizen. He always worked in a legitimate manner, going through the cumbersome effort of getting a yearly work permit, at a cost of several hundred US dollars each year. He has paid taxes on all of the income he has earned in the United States (W2s in the RFE from his I-130). He also has maintained a valid Ohio State license and auto insurance since the day he obtained a license (which came at a far greater expense than a US citizen), and he has always driven legally in the United States. SPOUSE obtained a social security number and has been contributing in good faith to social security (Social Security contributions in RFE) since the day he started working. Finally, when SPOUSE exhausted two out of the three levels he could pursue for his asylum case, he took the high road and left via voluntary departure. He did not tie up United States court time and costs just to buy extra time. He never hid from the immigration authorities or left at a cost to the United States, he simply bought an airline ticket and went back to Albania, taking with him the hope that his earnestness, honesty, and proof of legitimate efforts would allow him to come back and rejoin his family.

I graciously and respectfully ask that you review all of the information of this case and my waiver of extreme hardship and approve a Visa so SPOUSE can rejoin his family that needs him so urgently in the United States.

Sincerely,

US CITIZEN


Appendix of supporting documents:

1. Letter of Diagnosis for XXXXX from XXXX XXXXXX, MD Child and Adolescent Psychiatry for Bipolar Affective Disorder Not Otherwise Specified, in addition to ADHD
2. Letter from XXXX XXXto SON’s school stating that nausea is a common side effect of DRUG X and that they should not discharge him unless he displays symptoms of infection. This letter was written because at the time of the letter, January 26, 2007. Valley Vista Elementary insisted I leave work and pick SON up no less than three times in a three-week span. This letter was written to alleviate my need to miss so much work for non-medically necessary reasons.
3. Updated letter from Dr. XXXX, Clinical Psychologist on SON’s progress
4. Original letter from Dr. XXXX on SON’s condition
5. Updated letter from XXX XXXXX, PhD on XXXX’s progress
6. Original letter from XXX XXXXX on XXXXXX’s condition
7. Consent form for clinical trial SON participated in 2006 at University Hospitals
8. Family guidelines for clinical trial SON participated in
9. 2006 summary of doctor visits and expenses
a. 66 Visits total
b. $780 in co-pays
10. 2007 summary through April of doctor visits and expenses
a. 14 visits
b. $280 in co-pays
11. 2006 summary of co-pays for prescription drugs
a. 20 prescriptions
b. $680.00
12. 2007 summary through April of prescription drugs
a. 15 prescriptions
b. $425
i. SON completed the DRUG X study in December 2006, it is now my responsibility to take SON every 6 weeks to a psychiatrist $20 co-pay and pay the $35 monthly co-pay for DRUG X
ii. SON’s primary care physician also put him back on Singulair (preventative asthma medication)
13. World Bank, Albania Health Sector Note, Published February 2006
a. Footnotes 2 and 4 from my extreme hardship letter:
i. Report details the state of the Albanian health care industry
ii. Alarming data about quality of prenatal care, infant mortality, integrity of pharmaceutical industry, lack of qualified medical personnel, lack of funding
14. World Health Organization, WHO AIMS Report on Mental Health System in Albania, published in 2006
a. This report details the total lack of funding for mental health services in Albania.
i. 3% of health care expenses directed to mental health
ii. 97% of that 3% goes towards funding mental hospitals
iii. No children are in those hospitals
iv. Less than 20% of patients in the mental hospitals receive psychosocial interventions (psychotherapy, social support, educational treatment)
v. Psychosocial treatments only offered to 21-50% of outpatient consumers

15. British Journal of Psychiatry 2005, 186, pages 529-535. Pathways to psychiatric care in Eastern Europe
a. Results: “General practioners have a limited role as “gatekeeper” in centres in Albania, Croatia, Macedonia, Romania, Serbia-Montenegro, and rarely prescribed treatment, except sedatives, for mental disorders.
b. For the study, Tirana, Albania had the lowest ratio of psychiatrists to general population 1.2 psychiatrists to 100,000 population. Compare to Bucharest, Romania another poor Eastern European country that has a ratio o f8.3 psychiatrists to 100,000 population
16. WHO Euoropean Ministerial Conference on Mental Health, January 2005, Helsinki
a. “Worldwide up to 20% of children and adolescents suffer from disabling mental health problems”
b. “children’s psychiatric problems has not increased over recent decades. However self-reporting of depression has increased and new diagnosis have become prominent. Many of the disorder are recurrent or chronic”
c. “Obtaining essential services is a fundamental right highlighted in the European Social Charter, yet adolescents report considerable and quantitative differences in the existence and level of services across the European Region.”
d. “Only 10% and 15% of young people with mental health problems receive help from the existing child and mental health services.”
Finland and France ratio of child psychiatrists to children 1 to every 10,000. Compare to poorer Eastern European countries such as Serbia and Montenegro (similar to Albania) where the statistic drops to 1 child psychiatrist to 50,000 children… or more.

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[Cynthia]

Approved HSL Courtesy of Member Dana --> Romania, Vienna

Like I promised I am posting my HSL. It's very hard for me to share my horrible experience but I hope that can help to others that have to complete their waivers. Good luck and God bless you! Here is my HSL :
I-601 Application for Waiver of Grounds of Inadmissibility
xxx, Applicant
SUMMARY
This is a summary for an I-601 Application for Waiver of Grounds of Inadmissibility for xxx. Xxx is a citizen of Romania. She has an approved I 130 Petition for Alien Relative as she married to a US citizen, xxx, the petitioner. XXX has been found inadmissible to the United States based on misrepresentation. She is inadmissible pursuant to INA 212(a)(6)(C). She is applying for a waiver pursuant to INA 212(i) based on the extreme hardship her US citizen husband would experience were she not admitted (Exhibit 1, Letter from husband, the petitioner, in his own words).
XXX has a history of physical abuse at the hands of her father and returning to Romania has been very traumatic. Her trauma affects the Petitioner. He and XXX are suffering physical manifestations of the mental hardship they are enduring because of her being in Romania and their separation. Petitioner’s XXX depression has caused a digestive disorder, which in turn caused an excessive loss of weight. He also has insomnia that is severely impacting his ability to function at work during the day. His wife has developed anemia because she cannot force herself to eat, has anxiety, insomnia, and severe migraines. His spouse’s concern for his wife’s health exacerbates his own mental suffering.
Their mental hardship and its physical manifestations will continue to worsen if the separation continues. It is also possible that his health problems would cause XXX to lose his construction business, creating a financial hardship. It would also be a hardship for XXX to relocate to Romania. XXX left Romania 1998 and has worked tirelessly to support his family back to Romania, as none of them would have survived financially without his aid. He now has two brothers who have joined him in the US as well as his father. His family ties here in the US are very tight knit and if he were to return to Romania he would suffer mental hardship, as he would feel himself a failure. He would also be giving up his own construction business, which he has worked so hard to grow. The economy of Romania is ranked below that of Namibia and Columbia by the World Bank and no one requires the skills XXX has. That is why he and his family left in the first place: they had no economic future in the country. To return would be a financial and mental hardship. It would also be a mental hardship to return to Romania and watch his wife continue to suffer the mental hardship she is suffering because of how very oppressive her society is to women, and her father’s family is to her. The abuse that xxx withstood, and that too many women suffer in Romania is a hardship the Petitioner cannot witness without suffering mentally himself.

CONCERNING PAST MISREPRESENTATION
XXX was beaten and raped by her father. It was out of fear of facing him again she used a false passport to flee Romania, to attempt to find asylum in the US. She understood that asylum required a credible fear of returning to her home country, but at the tie she filed, she did not understand that credible fear of her own father would not be enough to meet the legal standard required for asylum. She told the immigration officer at the airport of her situation and her fear. While we concede that XXX did misrepresent herself using the false passport, this misrepresentation should be understood for what it was, an attempt by a young woman to protect herself from more violence.
XXX was 20 years old and living with her parents. Her parents had marital problems and XXX’s father was beginning to show displeasure that XXX "took her mother’s side". XXX continued living with them but tried to convince her mother to divorce her father. Her mother insisted this was impossible as it would shame the family and leave her and XXX’s 3 year-old brother homeless. One day XXX attempted to speak with her father, as she puts it, "like a child to her father," explaining that his actions were hurting her and her mother (Exhibit Two, Letter from XXX in her own words and evidence that she returned to Dominican Republic following departure from the US). His reaction was to tell her she "deserved this." The situation culminated in a day when XXX came home to find her father drunk. He demanded she go in the kitchen and prepare him food. She refused, he became very angry; he beat her and violently raped her, his own daughter. He then threatened XXX’s mother’s life should XXX tell her mother or anyone else. She was terrified. She told no police but did go to her best friend, XX’s house (Exhibit Three, Letter from XXX’s best friend). Her friend wanted to cal the police, but XXX was terrified that the threats her father made against her mother’s life if the police were involved were true (4-Id.). Devastated emotionally XXX eventually broke down and sought the counsel of her priest, XX (Exhibit Five, Letter from XXX’s priest). Soon after she resolved to make her escape to the US.
Had XXX gone to the police it is doubtful they would taken any action. There is a culture of abuse against women in Romania. The United Nations stated that Romania has a higher level of domestic abuse than any other Eastern European nation (Exhibit Six, UNFPA, Ending Violence Against Women). A few years after the time of XXX’s attack the US Department of State released a country report on Romania that described domestic violence as "common" and that evening the workplace violence against women"…in the workplace is not uncommon as their subordinate position exposes them to greater risk". It states that police are often reluctant to intervene in instances of domestic violence (Exhibit Six, 1999 Country Reports on Human Rights Practices; Released by the Bureau of Democracy, Human Rights, and Labor U.S Department of State, February 25, 2000). The same report stated that there was a new pilot program for a women’s shelter in Bucharest started in 1977 that had only four spaces to care for the hundreds of women seeking shelter. It also spoke extensively of police abuses against people from all walks of life (Id). There was no place for XXX to go for help.
The University of Minnesota has a special program to monitor violence against women worldwide. It points out that Romania had absolutely no domestic violence legislation until 2002, when it made its first laws protecting women from violence in an attempt to bring the country in line with EU regulations. It also states " Although the phenomenon is widespread at all levels of Romanian society, the Government has failed to provide women with appropriate legal and institutional tools to fight against the abuse. As Women 2000- An Investigation into the Status of Women’s Right in Central and South- Eastern Europe and the Newly Independent States stresses, it is the state’s failure to address the issue of domestic violence that ‘illustrates indifference towards the victims and perpetuate a discriminatory attitude regarding women’s status in the family."(Exhibit Seven, Stop Violence Against Women, Minnesota Advocates for Human Rights).
The same study on women’s rights showed that reports of domestic violence grew by five times from 1996 to 1998 and that in 1998 13% of women of domestic violence died.( Exhibit Eight, Women 2000- An Investigation into the Status of Women’s Rights in Central and South-Eastern Europe and the Newly Independent States). Judges also estimated that 60% of divorces cases in Bucharest alone involved physical violence and 23 % of divorces cases were filed on grounds of violence in 1997.( Id.)
The country has seen little improvement in the situation of women. The most recent US State Department Country Report on Human Rights Practices,2005, puts it bluntly: ‘Violence against women, including spousal abuse, continued to be a serious problem, and the government did not effectively address it.(Exhibit Nine, Romania, Country Reports on Human Rights Practices-2005, Released by the Bureau of Democracy, Human Right, and Labor March ,2006). It also states that women are pushed by the courts to "reconcile" because when the abused reconciles with the abuser the charges are dropped. It explains too that rape is still near impossible to prosecute as both a medical certificate and a witness are needed to proceed, and a rapist can still avoid punishment by marrying the victim. (Id.). Trafficking of young women has reached a crisis level in Romania as well (Exhibit Ten, United Nations Secretary-Generals in depth study on violence against women). All of this information details what is at the root of XXX’s own situation, a systemic violent culture toward women.
XXX suffered acts of violence ad a rape, which is an extension of violence, from her father. This was not isolated to her and her family, but is part of a larger cultural threat constantly weighing on XXX. Romania is a country where the rights of women have little value. This is why she felt forced to leave. Not only because of her father’s attack, but because to remain in Romania would leave her vulnerable to his future attacks, even if she did attempt to go to the authorities. Going to the authorities would have placed her and her mother in more danger, as XXX had no medical certificate or witness to gain a conviction of her father. He would have remained free to terrorize her and she would have brought extreme shame upon her family. Fleeing the country was her only option.
Further evidence of her credible fear or returning to Romania is the fact that XXX did not even return to Romania when she was deported from the US. As she was deported to the last country she had been in, the Dominican Republic, she decided to stay there and live, rather than return to Romania.(Exhibit Two; note that her visa stamps show she went to Dominican Republic following departure from the US and remained there until shortly before her father’s death). The Dominican Republic suffers from a terrible economy an many social ills, but it was preferable to returning to Romania. XXX only went back to Romania when she found out that her father was terminally ill. Following his death, she stayed on to be near her mother, but they are both being hounded by XXX’s father’s family. Her father’s family knew of the contentious relationship, if not specifically the criminal act she experienced, and they blame XXX for it, not her father. They even blame his death on her, saying her abandoning the family was too shameful for him to bear. XXX and her mother are harangued by incessant phone calls and XXX has even been threatened by a cousin that he will kill her on sight.
While in detention in the US, XXX did write to her mother, and explain what she had done and why.(Exhibit Eleven, Letter from XXX’s mother). Her mother confronted XXX’s father, who was already very ill. He admitted his crime and said that he believed his cancer was punishment from God for his act (Id.).While her mother harbors no anger toward XXX, they both are worried that if anyone one were to discover why XXX fled their lives would be even worse. In a society that is so violent against women this is a reasonable fear. XXX would be labeled a ***** and seductress, not the victim of a terrible crime she is. XXX has also become more and more emotionally distressed and isolated because of her fear she will not be able to return to the US and reunite with the husband she has there. She has also lost weight steadily and this is an added threat to her physical health. This issue will be discussed further in this argument, but all of the information is offered here to give the adjudicator an understanding of what was behind the misrepresentation.
DEFINING EXTREME HARDSHIP
INTRODUCTION
Congress has filed to define extreme hardship anywhere in the Immigration and Nationality Act (INA). The Board of Immigration Appeals has also intentionally avoided providing a definition. In Matter of Shaughnessy, 12 I&N 810 (BIA 1968), the Board of Immigration Appeals (BIA) stated, "Basically, we believe that the facts and circumstances peculiar to each case should control when interpreting what amounts to extreme hardship…" In Matter of Pilch, 21 I&N Dec. 627 (BIA 1996), the BIA states, "(A)s we stated in L-O-G-, 21 I&N Dec. 413 (BIA 1996), a restrictive view of extreme hardship is not mandated either by the Supreme Court or by our published case law." While no definition of extreme hardship appears in the IA, it is the lowest level of hardship mentioned in the INA. In other sections of the INA, Congress uses the terms ‘exceptional hardship" (INA 212(e)) and ‘exceptional and extremely unusual hardship’. INA 240A(b)(1)(D). The presence of these two more restrictive levels of hardship in the INA should be taken into consideration n defining ‘extreme hardship’.
The term ‘extreme hardship’ appears in several sections of the INA, including waivers described in INA 212(h), INA 212(i) and INA 212(a)(9)(B)(v). It is important to point out that the standards for extreme hardship in each of these sections of law is different because the circumstances leading to the need for the waiver are different. The waiver described in INA 212(h) is in regard to criminal grounds of inadmissibility. The extreme hardship of the qualifying relative in INA 212(h) must be balanced against the public interest if the alien is admitted. The waivers described in INA 212(i) and 212(a)(9)(B)(v) are in regard to misrepresentation and unlawful presence, respectively. These waivers require a lesser hardship to a qualifying relative than a waiver under INA 212(h) because there is no need to balance the hardship against the public interest.
In the past, ‘extreme hardship’ was also the standard in an application for Suspension of Deportation ( Suspension of Deportation has been replaced by Cancellation of Removal, with a corresponding higher standard of hardship, but case law for the former Suspension cases is still used today). The extreme hardship standard in a Suspension of Deportation case is different from the various waiver of inadmissibility under INA 212 because (1) the hardship of the alien him/herself if deported is a consideration as is (2) the possibility that the alien can immigrate promptly through some other means. One premise of an exclusion case is that if the waiver is denied, the alien will not be able to immigrate, either promptly or possibly ever. The extreme hardship standard for exclusion waivers should therefore be more lenient because of this premise.
The waiver for unlawful presence has only been in existence since 1996 as that was when prior unlawful presence first became a ground of inadmissibility. Although it has been over eight years since the waiver was introduced, there have been no public BIA decisions on this waiver. Similarly, there have been few or no public BIA decisions on the waiver for misrepresentation. For guidance, adjudicators are forced to use extreme hardship case law for criminal waivers and Suspension of Deportation. While these cases may provide some parameters, adjudicators should take into consideration that the standards are different because the circumstances leading to the need for the waiver are different.
HARDHIP IS EVALUATE ON A TOTALITY OF THE CIRCUMSTANCES
In reviewing hardship cases, the Board of Immigration Appeals has held that in analyzing the hardship removal or exclusion would cause to the alien or qualifying relative(s), consideration should be given to the age, health, and circumstances of the qualifying family member(s), including how a lower standard of living or adverse country conditions in the country of return might affect those relatives. Matter of Monreal, 23 I&N Dec. 56 (BIA 2001). In Matter of Pilch the Board states, "Extreme hardship is not a definable term of fixed and inflexible meaning and the elements to establish extreme hardship are dependent upon the facts and circumstances of each case. The Board then cites to Matter of Anderson, 16 I &N Dec. 596 (BIA 1978), listing many factors to be considered in an extreme hardship case, including:"…the presence of lawful permanent resident or US citizen family ties to this country; the alien’s family ties outside the Unite States; the conditions in the country or countries to which the alien is returnable and the extent of the alien’s ties to such countries’ the financial impact of departure from this country; significant conditions of health, particularly when tied to an unavailability of suitable medical care in the country to which the alien will return; and, lastly, the possibility of other means of adjustment of status or future entry into this country" (Note the BIA referred to hardship to the alien when citing to Matter of Anderson as the waiver he was applying for allowed a showing of hardship to the alien if he were deported, but for the present case it would be hardship to the qualifying US citizen relative, so we may replace the word "alien" with "qualifying relative" in the above list).
The Board has repeatedly emphasized that these hardship factors should be considered in the aggregate. See, Matter of Monreal, (Citing to Matter of Kao and Lin, 23 I & N Dec.45 (BIA 2001), Matter of Pilch, 21 I & N Dec. 627 (BIA 1996), and Matter of Anderson, 16 I & N Dec. 596 (BIA 1978), for the proposition that, "as with extreme hardship, all hardship factors should be considered in the aggregate when assessing exceptional and extremely unusual hardship.") This directive was confirmed in Matter of Recinas, 23 I&N Dec. 467 ( BIA 2002) which stated that, " Part of (the hardship) analysis requires the assessment of hardship factors in their totality, often termed a ‘cumulative’ analysis. Recinas, at 15. A cumulative analysis means that while any one factor, or combination of factors, may not constitute extreme hardship alone or in combination, all of the factors viewed as a whole may warrant such a finding.
EXTREME HARDSHIP CAN BE FOUND WITH A LOW LEVEL OF HARDSHIP
There are two cases were decided by the BIA following IIRIRA, which demonstrate that extreme hardship to a US citizen can be found even with a fairly low level of hardship. These cases are: In re Bing Chih Kao/In re Mei Tsui Lin, 23 I & N Dec.45 (BIA 2001) and In re Francisco Javier Monreal-Aguinaga, 23 I & N Dec. 56 (BIA 2001).
In Kao/Lin the BIA came to a finding of extreme hardship to the aliens’ US citizen daughter, age 15, and granted Suspension of Deportation. The aliens requesting relief were citizens of Taiwan. Their US citizen daughter was born in the US. While many factors were considered by the BIA, it found that the language barrier and difficulty integrating into Taiwanese society alone were enough to find extreme hardship to the 15-year old daughter. The BIA noted a lack of political unrest and economic strife in Taiwan, but they made a finding of extreme hardship in spite of this.
In Monreal the BIA did not come to a finding of exceptional and extremely hardship unusual hardship to the alien’s US citizen children, but did state that " Were this a suspension of deportation case, where only extreme hardship is required…the respondent might well have been found eligible for relief". The alien requesting relief was a citizen of Mexico. The alien did not provide any evidence that moving back to Mexico would create a financial hardship to him or his children. The alien’s wife and youngest child were already in Mexico following voluntary departure. The US citizen children were fluent in both English and Spanish. The alien’s LPR parents were in good health and supported themselves. No allusions to political strife or safety issues were described in the record. The BIA stated, "We recognize that the respondent’s children will suffer some hardship, and likely will have fewer opportunities, should they go to Mexico, and we further recognize that the respondent’s parents will suffer some hardship from having their son living farther away. We have no doubt that if the respondent were eligible for cancellation of removal, we would grant such a relief as a matter of discretion." (Emphasis added. Note that in the last sentence, I think they meant ‘suspension of deportation’, rather than ‘cancellation of removal’ since it doesn’t make sense as it is written). This case demonstrates extreme hardship is, I fact, a fairly low level of hardship and can be found even in absence of medical issues, financial hardship, language barrier, civil unrest, and other factors that might be considered.
CONCLUSION REGARDING THE EXTREME HARDSHIP STANDARD
From the Kao/Lin and Monreal cases we can see that the BIA finds that extreme hardship can exist even when the qualifying relative would experience a fairly low level of hardship if the alien were not granted relief. These findings are consistent with Congress’ creation of the three standards of hardship in the INA; "exceptional and extremely unusual hardship", "exceptional hardship" and "extreme hardship". Extreme hardship is the lowest of these three standards. Additional leniency on the extreme hardship standard should be given when the alien applying for a waiver is a non-criminal and a person of good moral character since there is no need to balance the hardship of the qualifying relative against the welfare of the US public.
APPLYING THE EXTREME HARDSHIP STANDARD TO THE APPLICANT
Introduction
If the applicant is not admitted to the US, XXX, the applicant’s US citizen husband, would continue to experience extreme hardship (Exhibit One, Letter from applicant in his own words) because of the health problems brought on by the his current mental hardship. This mental hardship is born of concern he will not be able to reunite with his wife or will be forced to leave his family in the US. His wife has also suffered mental hardship from her return to Romania, where she suffered physical abuse by her father. She, like her husband, has lost weight steadily and this is an added threat to her physical health. Her mental suffering pains applicant and worsen his own mental suffering. These types of hardship are equal to those experienced by the US citizen relatives in te Kao/Lin and Monreal cases where the court found extreme hardship.
PERSONAL FACTORS: PETITIONER’S HEALTH
The separation from his wife has begun to take a severe emotional toll on XXX. (Exhibit Twelve, Letter from XXX’s brothers). He cannot sleep. He has lost a great deal of weight from the grief of his wife’s departure. He also worries about the possibility of being separated from his family and that his business is suffering because of his mental state.
XXX’s weight loss is a clear physical manifestation of the mental suffering he is experiencing. While XXX has not been diagnosed with depression, his insomnia and weight loss are clear indicators he is experiencing more than a "blue mood". Disruptions to ones ability to eat are a symptom of Major Depression. (Exhibit Thirteen, National Institute of Mental Health, What is a Depressive Disorder?). This weight loss occurred because of the separation from his wife. The physical hardships XXX is already enduring will continue or worsen as long as they remain separated.
The mental hardship has also affected his ability to function on the job. XXX cannot concentrate. He recently had a piece of sheet metal fall and strike him in the face. (Exhibit Fourteen, Psychological affidavit from MXA, Ph. D.). If he is unable to work he will lose his business that he has worked so hard to make successful. This would be a further mental hardship. He is attempting to busy himself by working seven days a week because he knows if he is not working he will drink. He is drinking to try to grapple with his mental hardship. He finally has begun to get help from a professional, but his psychologist is concerns there will be no real improvement to his mental state until he is reunited with his wife.
It is no small factor that his wife has experienced violence from her father and now is being harassed by her relatives. Knowing how traumatic the past was for her and that her own family is exacerbating the trauma, however inadvertently, is a terrible strain on XXX as well. He wants his wife to feel secure and safe, and he knows as long as she does not she is suffering. Her suffering exacerbates his. It will also not diminish until she is in a place where she feels insulated from the violence of her country and her family, it will not abate until she is back in the US.
FINANCIAL
XXX has his own construction business he has worked years to build up. He has come to work on some of the most detailed and expensive homes in his area. (Exhibit Fifteen, Letter from XX of AAA Construction Inc: Exhibit Sixteen, examples of construction projects XXX has worked on). He has accomplished a great deal and others in his profession are quick to point out the difficulty he had growing his business here and how difficult it would be to recreate, even in the US. XXX cannot move to Romania ad expect to continue in this business. He has no contacts in the construction business and that would be an incredible hurdle in the best of situations. There is little market for his skills in Romania. XXX has no job skills of the type that would gain him a professional position in Romania. This is why he let the country ten years ago, because he could find no work to sustain him. Employment opportunities are scarce. Romania does have a growing economy but building projects are still limited and as the CIA World Factbook puts is "corruption and red type continue to handicap the business environment." (Exhibit Seventeen, CIA World Factbook, Romania). A recent advertisement for a carpenter with multiple language skills offered only $6,000 per year. (Exhibit Eighteen, Information about salaries and cost of living in Romania). This is a more specialized position and yet it is only offering $6,000, with apartments ranging from a few hundred to over $2,000 a month this is barely enough to scrape by on.(Id.). It is a country where the CIA Factbook says a quarter of the population lives in poverty and where the per capita GDP is a low $9,100. (Exhibit Seventeen, CIA World Factbook, Romania, Id.).
PERSONAL FACTORS: APPLICANT’S HEALTH
As mentioned earlier XXX has returned to Romania to be near her mother, but they are both being threatened by XXX’S father’s family. Again, her father’s family knew of the contentious relationship, if not specifically the abuse, and they blame XXX for it, not her father; they even blame his death on her. The Threat to XXX’s welfare is very real. As explained earlier, Romania is the worst ranked country when it comes to violence against women. Her father’s attack was not a private family matter but the result of what Romania’s culture creates I domestic relations. The violence XXX suffered from her father is the final step in the cultural abuse of women that the US State Department, the UN, and academics have recognized as endemic in Romania. (Exhibit Five through Nine).
XXX’s mother knows of the abuse, but now both she and XXX are afraid of what would happen if the community knew. (Exhibit Eleven, Letter from XXX’s mother). Again, in the society that is so violent against women this is a reasonable fear. XXX would be labeled a ***** and seductress, not the victim of a terrible crime she is. XXX has also become more and more emotionally distressed and isolated because of her fear she will not be able to return to the US and reunite with the husband she has there. She has also lost weight steadily and this is an added threat to her physical health. Just as low weight is a health risk for her husband, it is for XXX. (Exhibit Nineteen, Underweight health risks WA State: "UNDERWEIGHT-HEALTH RISKS"). XXX has developed anemia from the physical affects of her depression. The NIH defines anemia as, "…a condition where there is a lower than normal number of red blood cells in the blood, usually measured by a decrease in the amount f hemoglobin. Hemoglobin is the oxygen-carrying part of red blood cells." (Exhibit Twenty, NIH, Anemia). It states that while fatigue, chest pain, and shortness of breath are symptoms, "Severe anemia can cause low oxygen levels in vital organs such as the heart, and can lead to a heart attack." (Id.). XXX is also feeling ill, catching infections and fevers. She also is suffering anxiety, insomnia, and severe migraines. The National Institute of Neurological Disorders and Stroke describes a migraine as:
"The pain of a migraine headache is often described as an intense pulsing or throbbing pain in one area of the head. It is often accompanied by extreme sensitivity to light and sound, nausea, and vomiting. … People with migraine tend to have recurring attacks triggered by a lack of food or sleep, exposure to light or hormonal irregularities (only in women). Anxiety, stress, or relaxation after stress can also be triggers." (Exhibit Twenty-one, NIH. National Institute of Neurological Disorders and Stroke, Migraine).
The health care system in Romania is atrocious, and XXX is without adequate medical care. All of XXX’s health problems cause her husband more mental suffering. This creates a vicious circle wherein his mental health worsen thereby affecting his physical health, which causes him more mental suffering as he worries about losing his business from being physically unable to work-making him even worse off physically. It is a hardship to the Petitioner to know what fear and physical strain his wife is going through.
CONCLUSON REGARDING EXTREME HARDSHIP TO APPLICANT’S CASE
In the Kao/ Lin case the court found there was extreme hardship to the US citizen daughter because of the language barrier and the problems it would cause for the daughter to integrate into Taiwanese society. In the Monreal case the court said that the limited opportunities the US children would face in Mexico was grounds for finding extreme hardship. The hardships Rebecca would experience exceed those in the Kao/ Lin case and Monreal case. If XXX is forced to remain in Romania it is reasonable to expect physical and emotional suffering in will continue for her husband. He will continue to be separated from the woman he loves. He will be face losing his business, and physical and mental health will continues to be in serious risk.


1. My husband letter:
To whom it may concern…
My name is XXX, I am 30 years old and I was born in Romania. I live in USA for the 9 years.
I came to U.S.A in 1998 because my father won DV lottery. My brothers came also with me. U.S.A give me the possibility to realize me like a human being, thing that my own country Romania don't offered me. More than this, the Americans citizens help me and were more sociable compare with my people from my country.
I started working in construction and hardly I make my own business, building houses. Always I pay all my taxes to USA.
In 2005 I visited Romania and I met my actually wife. We married in January 2007. She really change my life in all sense.
If my wife will not be approved USA I will suffer extremely hardship because:
a) Since I married and I came back USA, knowing that my wife is in Romania alone, I am not the same person.
b) I can't eat and for this reason I loose many pounds. These affect all my health, and also my work.
c) I can't sleep; I have insomnias that also affect my health and work. I can't be more efficient.
d) I also start to have depressive symptoms frequently. These facts really worry me. I feel that nothing has sense without my wife hears with me. My brothers and my friends don’t recognize me and they really worried for my health. Also, when I call my mother who is older and sick (she has a brain surgery), I always cry explaining her, the fear what I have if his daughter in law will not be approved USA. Before I was a joyful person, I had plans with my future, but in this moment I feel that our plans never realize it.
e) Because of my depressive symptoms that my wife is not here with me, I have heartache, strong headache; digestive disorders that make m