loslagos
05-29-2008, 07:54 PM
Here is the waiver i sent in. Any comment would be appreciated. But i cannot file another waiver than to appea;l Thanks
From: [United States Citizens]
To: United States Department of Homeland Security
C/o United States Embassy in Nigeria
Lagos
LETTER OF EXTREME HARDSHIP TO US CITIZEN
I, USC, hereafter referred to as United State Citizen, declare under penalty of perjury, under the laws of the United States of America, state that the following is true and correct:
I am submitting this affidavit in support of the I-212 & I-601 Waiver of Grounds of Excludability for my husband, ALIEN[ A # xxxxxxxx NVC Case # LGS xxxxxxxx]
HARDSHIP TO ME, USC AND MY 2 U.S. CITIZEN CHILDREN
I met my husband, a Nigerian born citizen, in xxxxxxxx in June xxxxx. After our initial meeting I began making regular visits to his state of residence, xxxxxx. We got engaged and got married in February xxxxx. Our marriage is 41/2 years old and we have 2 male children aged 31/2 and 1.
Since his departure 16 months ago, I am deeply compelled each day to reunite with my husband and share our lives together here in the US as we once did and as we have every right to do. However, in doing so in Nigeria would greatly endanger my safety, exposure to health issue risks, cause significant psychological stress, strain my relationship with my family, completely deplete our finances, eliminate my plans to pursue my academic career to graduate degree level and end the dream of once a happy and merry family.
MEDICAL/HEALTH ISSUES
Our first son, xxxx problem breathing at birth. He was diagnosed of blocked air passage way and severe palpitation. MD recommended an inhaler to be used whenever he has short breathiness or complete breathing failures which was used for 6 months. A close watch advice on him was recommended which was kept. This condition rapidly generated to Seizure, when he had the first attack at 18 months old. Seizure is an abnormal electrical discharge in the brain. Lack of oxygen to brain is another cause. Symptoms depend on the part of the brain involved but cause unusual sensation, uncontrollable muscle spasm and loss of consciousness. There had been several times, he had been to emergency rooms or hospitalized for the seizure. It takes a while before teams of paramedics on call could revive him whenever he is in such state of coma. Such coma is always preceded by developing fever, with outrageous and abnormal body temperature. My husband always have him around before he left the US by watching him closely and ensure his breath is normal even in the middle of his sleeps. The situation was mate checked then, with not much episode. The occurrence has been rampant since my husband who is always with him was not around. He has had series of such episode at the daycare where I had to be called on emergency when am at work. My sister had been helpful all the while as I prefer to have him stay with her than at the babysitter whenever I had to be busy because of his medical condition and monitoring he needed. [See exhibit A].
I am the sole caregiver for our two little children coupled with work and other things I had to contend with is exposing me to severe and extreme hardship. I required that ALIEN be allowed back to support and cater for our son’s health issue and other responsibilities. The seizure issue is giving me concern as it is life threatening and may develop to chronic condition called Epilepsy. My son receives excellent, prompt, and expertise medical attention that keeps him in check at such occurrence here in the United States, but if I am to relocate to Nigeria I have constant fear if I could get qualified and competent, regular medical care professional and facilities on time at such issue. The deplorable health situation in Nigeria is worrisome and would not meet the health need of my son. If xxxx is not allowed back I would be subjected to severe, extreme and undue hardship.
The above health issue of my son and separation from my husband triggered off a significant health issue on me which is impacting me negatively. My heart rate is irregular and blood pressure was dangerously high. I have been suffering from sleepless nights, and had developed high level of anxiety. I do have constant migraine attacks, this simplifies that I am having potentiality to develop hypertension.
Blood pressure is known to vary with psychological and emotional states. The blood hormone cortical, which is made and released by the adrenal glands, rises in states of sudden or long-term stress and causes a rise in blood pressure. The WHO defines hypertension as a systolic blood pressure over 140, a diastolic pressure over 90. I constantly have a systolic pressure of around 158 and a diastolic pressure of 110. Hypertension is a silent killer if left untreated which can cause stroke, paralysis, speech problem, and even death. Blockage of blood vessels in the kidney can lead to kidney failure. This will lead to death unless dialysis is performed three to 5x a week to clean the blood. Blockage of blood vessel in the eyes can lead to impaired vision and even blindness. Blockage of an artery of the heart leads to heart attack, where the part of the heart that was supplied by the blocked artery dies. This weakens the heart and can even lead to death. I monitor my blood pressure several times a day and takes medication daily
Doctor warned me of possible heart attack if I do not reduce the amount of stress I am presently experiencing. If I move to my husband country, I would have to quit my job and won’t have health insurance to cover medical expenses in Nigeria. I would have to pay cash for medication to control my developing hypertension and, any other medical services. My hypertension would go untreated and could cause serious after effects, life threatening situation and extreme hardship. His admission would relieve me of stress and other related problem my son (xxxxx) and I are going through. I could not have the high blood pressure treated medically and extensively due to the loss of income of my husband, cost of monitoring drugs coupled with drowsiness side effect as I have kids I watch over, and take around by driving. Doing otherwise will be suicidal, and will put my life and 2 little children at risk.
CHILDREN INVOLVED
If husband is not admitted to the United States, I will suffer extreme and unusual hardship above and beyond what I have already suffered. Since his departure, it has been extremely difficult for me to provide for the children.
I was 5 months pregnant of our second son when my husband left the US because of the deportation order on him. It is very difficult to express the enormous stress of carrying pregnancy without my husband beside me at the later part of the pregnancy coupled with the need to cater for our first son and the need to work and battle with gory financial bills.
I have had to work two jobs but still I can’t make ends meet. I couldn’t work more hours with my Nurse Aid license, because the hours of work are not compatible with the time I had to go and pick up my children at the babysitters. [See exhibit B] This is a job I can do and make more money and with flexibility of hour I can work and earn better than I do, but I had to stick to my Bank Teller job more which is not paying much for my needs but gives little time for my 2 little kids. This situation is untenable, and is taking its toll emotionally and financially. I have been optimistic for a very long time, but how long could I keep a happy face when I haven’t seen my husband for a year and a half. I had to be showing my 2 little kid the picture of their daddy every night before I put them to bed.
Our first son, xxxxxxx adores his father so much. He hasn’t seen his dad for the last 16 months. He cries for his dad every night and says things about his dad not hugging him anymore, not reading to him any more bed stories. Whenever we call Alien on phone, he begs him to come home. He is having difficulty sleeping at night and wakes up during the night crying. His behavior issues are adding to my stress and having an impact on my physical health and getting me worried about what my little kid is going through.
XXXXX is now 31/2 year old and should have begin a pre- school classes, but I had to keep him at the babysitter till date because there is nobody to pick him up at such school since I will be at work by the time the school closes, coupled with the fact that I cannot afford the financial source to register him in such school thus depriving my son the benefit of developing educationally at an early stage among his peers. This suffering on a young United State Citizen will be there if my husband who could help in taking him to school and support financially is not allowed back to the United States.
Our second son, xxxxxx, hasn’t had a feel of his dad physically since he was born. These children need their dad in their lives. The unbearable situation is causing me to have sleepiness night; high anxiety level and extreme stress, and all aspect of my life have been affected negatively. My work has suffered due to my not being able to concentrate. My sons are suffering due to my depression and constant migraine I experience, due to many hours of work and giving no much attention they needed. All these extreme hardship would be resolved with Alien returning to the United States.
I am struggling both financially and emotionally without my husband but it is extremely difficult to work and raise infant, home upkeep without support. I am having tremendous grief over having to raise 2 children by myself and see them growing up without their father. I find it hard to spend time with them as I am always tired if I had the opportunity to put them to bed. It is hard to hear the sadness in my husband voice when I tell him that his children are always asking after him and that our second son born in his absence is almost walking now. I am the strong one reassuring him that he can hold us all very soon and not to give hope that we will be together again. Choosing between my husband and my children would be an unbearable hardship to me, or any woman.
Recent psychological studies have exposed the hardship of single parent families and their effect on children as well as the importance of father in the lives of their children.
Studies shows, those children in father-absent household have lower IQ, verbal and performance score. Fathers spend time with children having fun, maintain the active, physical, and playful style of fathering as child age, and engage in productive activities and fostering children’s intellectual growth. [See exhibit C]. Mother-father-children household is humankind’s universal child rearing institution.
The guidance and involvement of their father during these important formative years will help to assure that they become a successful and productive adult and citizens of the United States. If ALIEN is not allowed to return to the United States, my 2 little children will be deprived of their father’s crucial involvement in both the physical and psychological development of our kids who are 31/2 and 1 year old, including events that would aid in the formation of a relationship between them. He will miss irreplaceable moments of both his own life and those of our children, causing further decline in my psychological state.
Like any mother, I want my children to have at least all of the choices and possibilities that I had while growing up. My husband and I love each other so much and we want to give our children the best education, the best medical care, a strong and positive home, the safest surrounding amongst all. For me, all this is possible only while I live in the United States. All this won’t be possible if I should be forced to relocate to Nigeria. Nigeria is known to be lacking in educational opportunities, medical care, and many other important aspect of life.
FINANCIAL HARDSHIP
Alien is the sole financial provider for the family. He earns enough income ranging from $xxxxxx-$xxxxxx annually to support his family. He pays our mortgage, utilities, credit cards bill, medical subscriptions and babysitting expenses before he left the US. Ever since his departure, things have never been the same again. Our mortgage payment, bills, and credit card payments had been in arrears because I could not meet up/ have enough income to pay with my meager income. I have cut back to the mere essential and still cannot make ends meet to pay the bills and feed our children.
By leaving the USA, I would suffer more financial hardship because I would be forced to quit my job. This termination would result in the loss of my future and current investment in my 401K benefit. My investment would cease to grow as vesting ends whenever an employee leaves the company and the employee is then removed and as a result forfeits investing option. This would cause instability to my future retirement. By leaving the USA, I would not be contributing to my social security taxes. My social security benefit would be dramatically reduced by certain amount in the end depending on how long I stay out. This will also affect my financial future at retirement. I would have no choice to but to use my retirement savings if I move to Nigeria. In doing so, I would be subject to a 20% mandatory federal income tax withholding and pay a 10% early withdrawal penalty. After the depletion of my retirement funds, my future and my family are left with a serious dilemma of uncertainty and at worst, left with nothing to live off and totally a destitute.
I currently earn a bi monthly pay of $600 here in the United States We have a mortgage of $1500 monthly that we pay on our house bought in September of 2003, just 6 months after our wedding which houses me and my 2 little children. I am having constant fear that our house would be taken and repossessed by the bank if I can no longer afford to make payment, because this is the house I live in with my kids unless my husband returns. I currently have other bills which I am finding hard to maintain which are daycare costs, electricity, cable, telephone bills, car insurance, attorney fees, water and sewage, medication prescription for my kids and other miscellaneous expenses not mentioned which amount to over $1500 monthly apart from the mortgage payment. I support my husband some money ranging from $80-$100 a month, coupled with others sent by his friends to help in survive in Nigeria [See exhibit D]. I wish I could just have a glimpse of my husband after all this while but I could not afford the cost of plane ticket travel to Nigeria which ranges from $1200 to $1500 due to the financial difficulties am going through. It will be immense tragic if my husband is not permitted to return to the United States because I would be unable to pay these bills, debts, my children day care, mortgage payment and be unable to continue working which would force one into the welfare system.
My children were stripped of babysitting benefit immediately after I had my second baby. My case worker would not give my children benefit because we own a home which I am struggling hard to pay its mortgage so as not to be rendered homeless with my 2 little children. My appeal and evidence of proof that my husband is not in the country would not help. Ever since, I had been keeping my children with my sister or at times with my neighbor. If I don’t get help at times I have had to pay $150- $200 every week for babysitting expenses. I have had to hire countless babysitters to care for children, and besides the cost, the quality of the care given them cause me concern and incredible stress. The children are so young, and need so much more attention than they are getting now. If my husband would be permitted to return to the United States, he would be able to rescue me from this current situation and financial despair. My husband’s educational history leans towards health care for the elder citizen as Medication Technician. Additionally, he is a dedicated and hard worker and many health care facilities would be happy to hire him.
BAD PUBLIC HEALTH CARE FACILITIES & EQUIPMENT
US Department of States website for information about Nigeria’s health care system stated that medical facilities in Nigeria are significantly below US standards for treatment of serious injuries and illness, with limited access to medical supplies and medication. Hospital facilities are generally of poor quality with inadequate trained nursing staff. Diagnostic and treatment equipment is most often poorly maintained. Fake drugs are common problem as it is difficult to distinguish from genuine medications. [See exhibit E and H]. Hospitals condition is an overwhelming issue. There are serious and growing concern regarding a shortage in domestic supply of medical doctors Nigeria is facing leading to poor care and lack of medical treatment. Poor accessibility level of population to medical practitioner is a worrisome issue. This condition, are still in existence till date with no improvement. At times, patients are left in the hands of medical students, with no supervision from qualified medical doctors. Unfortunately, in some cases, this has been known to result in death.
At present, there is also an alarming problem with an infection called MRSA (Methicillin Resistant Staphylococcus Aureus). In the study attached [See exhibit F], a rate of 14.8%f MRSA was recorded from 9 country’s hospitals to determine the prevalence of antibiotics susceptibility pattern. Nigeria has the incidence of susceptibility so high rate of 30% among African countries. This infection is caused by overcrowded hospital ward and medical staff not using good medical hygiene from patient to patient. These issues could result in additional risks to my health and that of my kids as there is no indication that adequately trained medical workers to enforce an effective germ and virus control policy in Nigerian hospitals exist. In the USA I would not have this problem.
I already have an assigned doctor in the US and if I need special treatment. I can arrange to see my MD within days, choice of care and hospital of my choice. In my hometown, xxxxxxxxxxx there are good number of cardiology centers available as well as good outpatient hospitals. It is imperative that I continue with the same standard of care and knowledgeable doctors that I have in the United States. With my son’s medical condition and a heart condition getting serious as mine, a simple mistake is enough to put my life at risk and severe, undue hardship.
At present, dental care appointment and registration requires a lot of money in Nigeria as I won’t be able to afford it. Although, dental care is not a possible cause of death, lack of dental care can result in a necessity for expensive surgery, severe pain, problem eating, lowered self esteem and other health problems. My 2 growing little kid ages 31/2 and 1 years need prompt, adequate and affordable dental care during this milk teeth forming stages. They are presently covered under my medical insurance cover at my job. Leaving USA and my job will result in losing my medical benefit thereby exposing my kids to danger of future dental problem if I could not afford one for them.
HEALTH INSURANCE COVER
The bank where I work offered me excellent healthcare insurance coverage as well as access to employee discount benefits on which I and my 2 little children gets coverage. This is a fairly inexpensive product and covers our basic health needs. If I am forced to leave the United States and move to Nigeria I will be forced to quit my job and in doing so I will have to forfeit my healthcare insurance benefit, which is the means I use to cover my current and future health care coverage for me and my children. U.S medical insurance is not valid outside the United States. The Medicare/Medicaid program does not provide for payment of medical services outside the United States. Therefore, without the healthcare coverage offered by my job I will not have access to, or ability to pay for the necessary healthcare.
Given the current state of Nigeria, in which the average income is $150-$200 a month, it is highly unlikely that I will be able to afford quality care. $150-$200 is not enough to cover basic health care expenses, let alone the additional money [“under the table bribes”] necessary to obtain proper treatment to take care of me and my 2 little children.
BAD PUBLIC EDUCATION SYSTEM
The absence of my husband has forced me to stop to further my education and advance on the Nursing Aid license I hold. I intend to start my Nursing program when he had to leave the country. I rely on him to support me morally, financially through the course. United States had the best quality nursing program and public education system you can ever imagine in the world. The Nursing program operated in Nigeria is sub-standard and does not meet world rating. My employer would subsidize my education cost up to any academic level I could go. Beginning my Nursing program will expand my opportunities in my Nurse Aid job as it is my life time dream. I cannot get this kind of benefit if I am to study in Nigeria coupled with bad and crippled education system, and occasional lecturers’ strikes. I would have to leave my job with virtually no prospect to look forward to, and graduate school would no longer be an option. My future employability in the United States would be shattered once I am finally able to return. Since it will be impossible to maintain my career in Nigeria, my professional standing and career would be ruined. The public junior school for children of my kids age are worrisome and eyesore. To send a child to best private school in Nigeria which can be numbered means you have to pay through your nose. However in the United States quality public education is readily available regardless of monetary and social standing. I had given up starting my schooling for my nursing career where I could be making more and raise my standard of living but because I would not be able to cope with 2 children couple with the loan payback problem if I obtain one. With two parent income household it will be possible to pay back and pursue better life and easy completion of me and my children’s education. We want to ensure our children study in a system that is conducive with sound education which is extremely important for a solid and healthy development in life.
FAMILY TIES IN US
My junior sister, a United States Citizen, is my nearest family member. She lives with us in the house. I have very strong ties and support from my sister. I frequently relate with her for family event such as birthdays, holidays and daily gatherings. If I am forced to relocate I would have limited, if any contact with my sister. We are part of a very close family. She witnessed our wedding with other friends and relative. She is extremely attached to my 2 little kids and would be extremely devastated if she would not have daily access to them. Sister has a 31/2 years old daughter. I support my sister being, a single mother, with many challenges that she is facing financially with extra $xxxx to cover her babysitting cost for my niece. She could not afford to rent an apartment because she doesn’t win much.
She use to get financial support from ALIEN to afford payment for her apartment, but since my husband left she was evicted and had to move in with me. I watch over my niece whenever she needs to avoid paying for babysitting. Since she doesn’t drive as she could not afford a car, she depends on me for many essentials, including grocery shopping and getting to doctor’s appointments and work. In the process I have grown attached to both my sister and my niece. She gets very upset when am away, even for a couple of days. It would cause my niece and my sister hardship if I move to Nigeria, in addition to my own. When my sister works on evenings and some weekends, I am the one who cares for my niece, play with her, takes her on outing and tucks her in at night. Niece has become part of my life and leaving her would be like abandoning my own child. She loves and admires Alien and asks for him all times. Between her father’s absences, Alien presence provided a stable, daily male figure in her life that she misses. If husband is not allowed to return, niece will suffer great distress wondering why another man she loves is gone.
OTHER FAMILY TIES
I have been alienated by husband family because I am from a different background. My husband family is hostile to me especially my brother-in-law, wife and kids. I experienced this during my last visit to them. These are the people I am going to be living with in my husband family house which has only 2 rooms and a living room, if I am forced to move to Nigeria. Being alienated is extremely difficult for me, as I am friendly and used to being constantly surrounded by family and friends. My husband knows that if I am to relocate to Nigeria, I would suffer extreme isolation. The separation from family and friends back in the United States combined with feelings of isolation would put me at grave risk for the development of psychological disorders. This constitutes an extreme and unusual hardship to me.
COMMUNITY TIES
I have been a member of xxxxxx church that my husband worships. I am a member of the music department and also sing in the choir. My husband was a member of the baptismal class that graduated in January, 2005. I have been very active in the church and have a very strong belief in my religious faith. I and my family have very close and long standing friendship with members of the congregation that I rely on for moral support. This would be an incredible loss to me if I were to have to leave the church to live in Nigeria.
DEBTS
Our financial status is encumbering, with an outstanding mortgage of $xxxxxxx, line of credit over $xxxxxx which is lien on our house. Credit cards bill amounting to $xxxx. [See exhibit G], other personal loans from friends running to $xxx used for attorney’s fee and supplement to our mortgage payments. It would be impossible for me to relocate to Nigeria and pay this debt. This would have adverse effects on our credit history and my reputation as an accountable, responsible citizen of this country.
HIGH UNEMPLOYMENT RATE
If I am forced to move to Nigeria to live with my husband, it is unlikely that I will be able to find a job (due to lack of training and the overall economic situation in Nigeria). This will make my situation even graver and would impact numerous portion of my life: psychological, physical, 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 ability to cater for our 2 little kids decently and possibility of raising more kids in the future. This would be an extreme hardship to me because I desperately want to be able to provide for my children. Currently, Alien is at disadvantage of finding work in Nigeria where he now stays for the last 16 months. This is a good measure to know the extent of unemployment in Nigeria.
I work two jobs with a future which gives me an income above $xxxx yearly. There is a little possibility that I could find even a single job and earn this much in Nigeria. My Banking job and the Nurse Aid licenses are not compatible with Nigeria employment market. I would be required to have a bachelor degree in Nigeria to be able to work in the same establishment I do here. Without this required qualifications, I would be left with option of doing menial job. I will not be able to support my 2 little children because of lack of financial earnings and neither will I be able to support myself without income, relating in damaging my self esteem as well as contributing to serious physical danger such as not being able to afford healthcare, live in a safe and good neighborhood, basic and sound education for me and my children coupled with providing basic support for my family. Thus, a move to Nigeria would jeopardize and cause immense damage to both my current and future standard of living compared to my social level that I currently have/will obtain in the future here in the US. Employment is difficult to find for my husband in Nigeria and he is not able to provide financial support to either me and my 2 little kids and his family in Nigeria thereby increasing the burden on me. Thus, the almost certain unemployment that I would face in Nigeria would cause me extreme and severe hardship.
POLITICAL UPHEAVAL
Recently American government issued a bulletin to all American citizen that Nigeria is not save for them to go and live in because of incessant arrest and kidnapping of Americans and other foreign nationals for ransom by militant from the Niger Delta [Ogoni] oil producing areas in Nigeria. Americans are perceived to have and hold money and are most of the time easy targets of robbery and crime. [See exhibit H] As a matter of policy, the United States government will not pay ransom or make other concessions to kidnappers; therefore the U.S. Embassy’s ability to assist U.S. citizens like me taken hostage is limited. Use of public transport is dangerous and taxi cabs are operated by hoodlums and criminal, and the vehicle are poorly maintained. It would be cruel and extreme hardship to subject me and my children to the choices of growing up in the safety, security and freedom-free atmosphere of the U.S without my husband or to grow up in a dangerous environment with him. The constant fear for safety of me and my 2 kids as American Citizens are immeasurable
HIGH CRIME RATE
I will face significant, potentially life-threatening risks to my personal safety if I move to Nigeria to join my husband. Due in part to the strained economic and turbulent political situation, there is constant unrest in most common metropolitan area of Nigeria. Nigeria periodically experience localized civil unrest in almost every part of it. There are regular riot and demonstrations, kidnapping, murders, carjacking, robberies, even in the best of neighborhoods, irregular incidents and police raids are common. Visitors and resident Americans have experienced armed muggings, assaults, burglary, kidnappings and extortion, often involving violence. [See exhibit H] Law enforcement authorities usually respond to crime slowly, if at all, and provide little or no investigative support to victims. The constant fear for safety of me and my 2 kids as American Citizens are immeasurable
PSYCHOLOGICAL/EMOTIONAL
If I am forced to make a devastating decision to live in Nigeria, it will be an extremely immoral and difficult choice for me. I would suffer a lot of emotional turmoil choosing between my family, my country and my husband. Leaving behind my family, my country, culture that I adore, my job and my home would be a very stressful and difficult adjustment for me to make. I have stressed my mental ability during the I-130 and I-601 process to the point of affecting my health. This emotional stress impacts two more United States Citizens, that being my two children. I have suffered depression in the past as a result of potential separation from my husband. The denial of this waiver would place such pressure on me as detailed in this petition, that it would almost certainly result in depression and anxiety to a degree that it would endanger my health. It would be devastating to me if Alien is not allowed to return to USA.
Vulnerability to Illness
It can be expected that the average person enmeshed in an immigration case of this nature would experience profound psychological difficulties, potential of causing medical illness, hospitalization, or even death.
II. THE HOLMES-RAHE SOCIAL ADJUSTMENT 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 Readjusting Rating Scale”. This scale is now famous and 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 author concludes that, in sum, life change event remain useful predictors of stress related-symptoms scores and that the SRRS is a robust instrument for identifying the potential for the occurrence of stress-related outcomes and it is, therefore, a useful tool…”
The scale uses the weighting of Life Changes Unit (LCU) as a means of being able to predict vulnerability to medical illness. For instance, a marital separation would accrue 65 LCU and an outstanding personal achievement would accrue 28 LCU. In other word, significant life changes, positive or negative, which occur with frequency and intensity, are significant to be highly vulnerable 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 Readjusting Rating Scale.
LCU<150: 35% Chance of illness or injury in two years period.
LCU150-130: 51% Chance of illness or injury in two years period.
LCU>300: 80% Chance of illness or injury in two years period.
This scale .was applied to me, (on the assumed basis that I was forced to move to Nigeria). My score on the instrument was 348 putting me at high risk of illness or injury. On the other hand, if my husband were admitted to the USA, my score would drop dramatically to 82 which are in the lowest risk.
[See exhibit I] The Holmes Rahe Social Adjustment Rating Scale
If I am forced to move to Nigeria, I am clearly within the highest-risk range of developing medical illness or injury in the two years following my move.
The Holmes-Rahe SRRS also demonstrates a very important fact widely recognized in the health science. Stress and other risk factors not only exist as independent influences, they interact dynamically. In other words, the whole is greater than the sum of its parts. I am being subjected to, or may be subjected to, factors whose interactions contribute exponentially to my 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 victim. Therefore, the totality of hardship factors exceeds measurement
The psychological hardship and stress that I would experience could affect my physical health, and that has already begun to do so. When considered in concert with the lower levels of accessible care and knowledge of my specific situation that I would encounter in Nigeria, it becomes evident that these hardships are interactive. Each hardship that is being experienced by me would be experienced by me if forced to move to Nigeria is difficult in nature, yet the interactive nature of the hardship is cumulative, resulting in even more dire circumstances that are both extreme and unusual
PREGNANCY
My husband and I wish to have more children in future. If I eventually become pregnant while in Nigeria, I would be unable to obtain the excellent care provided by American Physicians. Due to present practices and conditions in Nigeria, there are serious risks to both my own health and to that of any child born to me in Nigeria. Low standard of health care and possible health risk to the baby will also be bound by financial dilemmas while living in Nigeria since medical insurance is very expensive, thus the lack of income will certainly obstruct me from raising more kids which I desperately want to with my husband. The OB/GYN centers in America are more world class compared to the one in Nigeria. My health insurance covers a major portion of maternity care. Without this coverage, I may not be able to afford having additional children. Also, I am entitled to disability benefit at work. If I live in Nigeria, I would not receive these benefits and this would reduce the likelihood of having more children.
“Infant and child mortality rate [in Nigeria] are amongst the highest in Africa.” Rates of infant and child mortality reflect a country’s level of socioeconomic development and quality of life. Infant mortality rate in Nigeria is 30 per 1000 live birth and child mortality rater is38 lives per 1000 under age 0-5. [See exhibit J]. Mortality rates in America are 5 xs lower and better compared to this at 6 deaths per 1000 birth.
On the other hand, if forced to wait to continue having children until the 10 years ban is finished, I will be 40 years. www.parenting .com states the following:
Fertility continues to decline after age 35. The decline is due to 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 to double with woman over 35 years compared with younger ones. In addition, the risk of having baby with Down syndrome or another type of chromosomal disorder begins to rise significantly. [See exhibit K]. Therefore, if I am to wait until 35 to 40 years of age to have more babies both me and any child born by me will be exposed to numerous high risk factors related to pregnancy at older age. Being exposed to this condition is in itself an extreme and unusual hardship.
Also, Nigeria has a severe AIDS epidemic for young children. Highlight on Health in Nigeria reports:
“The main and efficient reason for these infections in children with HIV is injection with contaminated blood and needles, unsafe injection, blood transfusion, and transmission from mother to child during pregnancy, labor and delivery. Nigeria has 15% of the children 0-15 years old with AIDS in total African countries”. [See exhibit L]
With an inadequate nursing staff, poor hospital facilities, poor effective control policy and deplorable medical situation, one could be exposed to the risk of contacting this deadly virus through careless use of injection syringe, blood transfusion for mother to child during ante natal appointments before childbirth. This is another addition to the list of medical concern that would be experienced if both I and my husband should choose to have a child in Nigeria.
GOOD CHARACTER AND ADMISSIBILITY
My husband, Alien, have no intention of repeating offending the law in any way possible to affect the United States of America. Therefore, he poses no threat whatsoever to the interests of the United States. He is a God fearing man, goal directed, thoroughly ethical, law abiding college educated and family oriented man with high moral standard. He attends church services in Nigeria and he seeks emotional and spiritual support from there. He is extremely sorry for the pain and suffering for his unlawful presence in the United States has caused me and the family. Although he makes no excuse for his behavior, he would like to mention that it was out of character for him and he has never engaged in illegal activities. He would like to have the opportunity to begin a new life in America, where we can continue our happy family life. My husband constantly feels guilty because, I would be forced to make an emotionally depressing decision to choose between him and our children, should I have to move to Nigeria and live in conditions that are oppressive to me compared to the life I have in the USA.
Since coming to the US, my husband has worked legally [See exhibit M], consistently and paid his taxes. He has respected the law of the country with the way he went about his immigration case. Activities related to his deportation and residing here illegally express an isolated and unusual circumstance for him. His overstay and resident here was pursuant to expectation of result of his appeal with the BIA. He left the country immediately after the 1st circuit finally decided his case. He has gone extra mile to assimilate into American culture. He is committed to supporting his family and contributing to the betterment of the community. He is deeply repentant, a changed man. If given a second chance, Alien would respect all laws of the United States; not only out of fear of reprisal, but also from a genuine love for the country and for his family. Without my husband I will certainly lose my home, employment and my dream as an American.
ALIEN’S CASE FILE
Husband came to the United States in December 2001 and applied for asylum based on threat on his life from his home country by a group of secret cult group. He was charged as an arriving alien and paroled with a notice to appear [See exhibit N] The Immigration Judge’s judgment of false application and permanent bar from relief was vacated by BIA decision on his appeal. [See exhibit O]. The 1st circuit court finally denied his case in September 2005. All this while, he followed the law with the ways he went through the immigration process and his exit from the country due to the deportation order on him. Now following his interview at the consulate in Lagos, Nigeria, he respectfully seeks this waiver to return home to us.
CITIZENSHIP
I am a very proud American. I was born a citizen of the United States and am proud to be part of this great nation. I fully support the United States with all that I am and all that I will be and to imagine having to leave here would destroy the pride I have in the United States. As an American, I feel family unity is the cornerstone of America. To even consider be forced to depart from here would only exaggerate the pain and suffering of having to move to a place where “Freedom” is no compared to the freedom that Americans hold dearly. A United States Citizen has the right to “Life, Liberty and the pursuit of Happiness”. How could I be ‘happy’ without the one I love? I love America and wishes my children to have the opportunities I had by being given the virtue of being brought up in America. I want my children raised as American.
SUMMARY
It needs to be emphasized that by issuing an approval of an I-130 for spousal visa, the United States Government has formally and legally recognized the validity of the marriage between me and Alien. It is well documented that “family unity” is an important value unpinning the raison d’etre of the United States of America and that actions to “assure family unity” are part of the intent of the United States Immigration law. Although, it is a function of law to provide legal marriage between me and Alien, it is clearly the intent of law to support the complex nature of marriage. In other words, in this and other genuine marriages there are multiple social, psychological, familial, economic, cultural, spiritual, etc. bonds, which are presumed by the law to exist co-jointly with the legal presence of marriage. Support for these complex interacting marital bonds is a fundamental value of the larger society and a function of the law. Keeping families together is a prime goal of the United States, since strong, united families make a strong country. With such guideline from the US government, a married coupled being forced to live apart would alone be enough to constitute extreme hardship.
Because this is full and complete marriage with intense emotional, social, familial, economic, and spiritual ties, the reciprocal bond between me and Alien must be granted weight while assessing what would happen to me if my husband were not admitted to the United States. All extra hardships are built upon the base of significant, although usual hardship. In other word it is of note that I miss my husband painfully. I am anxious and frightened about my future and that of my children because it is dependent upon my husband status. However these are considered to be “simply” the backdrop of those other, previously listed hardship that, individually and when combined and interacting are severe. In other words, the enormous strain of being separated from my husband has and will continue to have constitutes a powerful hardship on me. The other hardships on top of this one culminate in my being potentially and actually subjected to extreme and unusual hardship.
I feel it would be cruel and unusual hardship to be forced to choose between my marriage, my 2 little children and my husband or be forced to live in a foreign country that would cause me to essentially abandon the United States and what it has to offer me and my 2 little kids as citizens. I and my kids depend on Alien so much. He is dedicated to his family and generous to everyone. The past 16 months have been very hard on both of us. With him in Nigeria, a huge financial burden has been placed on our small closely woven family. This includes his friends that he made while he was here; who ask about him and pray that he will be allowed to return soon. Even his employer has left his position open for him if and when he comes back, because I know Alien is a hardworking, loyal and trust worthy man.
If my husband, Alien, is not admitted entry to the United States, I will be placed in the midst of possible dilemmas causing great hardship stated above. Because the marriage has occurred in its full sense, profound forces will make me to leave my homeland. Yet if I move to Nigeria, I would be unemployed and wouldn’t afford medical cost in an eventuality of need for one. There would be no income to support my family, provide for them good standard living, and ensure their good health. The opportunities to continue my education and advance in my career are no longer available to me; I will be subject to risking my life and the lives, well-being and very existence of my children-United States Citizens-by moving to Nigeria because of high crime rate. Our lives will be completely devastated and traumatized if father of my children is not allowed back. We would be unable to receive the support and love inherent in a true marital and father-children relationship. This creates an impossible situation, which is currently wearing on my state of being, desire to live and ability to function. It is tearing me into two very distinct halves and can only be resolved by the reuniting of these two parts in the United States. Our children love their dad and would not understand why he is not here with them.
I respectfully ask that you look favorably upon this application for permission to re-enter the U.S. and the I-601 waiver several times and decide to approve it and allow my husband-Alien to join me in the United States as soon as possible. The enormous strain that this separation has and will continue to have constitutes a powerful hardship to me and my 2 little growing American Citizens. My husband is a wonderful father that I know will suffer more than emotionally because he is the one who will miss our second son’s fist steps, his first birthday, and his first words. My heart ache when I think about this, but we both knew there was a price to pay going through this immigration process, and we both pray that you will consider how much we have paid and deem it enough. This man has worked so hard to get to where he is today—he is not lazy and loves his sons and I, more than words can describe. There could not be a better father or husband. I know if allowed back to the US legally, he will not only contribute to take care of our family, but be a positive contributor to our country as well. I would like to reunite with my husband in America where my family would be complete and my husband and I can pursue our goal together.
Nigeria is economically depressed, has poor health care, low and inadequate medical facilities (very low compared to United States standard), is extremely, and criminally dangerous, has limited and substandard educational opportunities and cannot provide me with the employment opportunities necessary for me to fulfill my dreams and maintain my standard of living.
Please consider our case and grant us this pardon. Without my husband, I lose not only a huge financial part of our household, but a piece of my heart as well. I love the United States and can’t imagine living elsewhere and respectfully ask that my husband be allowed back in the USA. My sons and I passionately need him.
Subject to extreme and unusual hardship, we respectfully request the waiver be approved’
Thank you for your prompt attention to this matter.
USC
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