sunnysol
05-31-2008, 05:53 PM
Do you think the arguments are strong enough to overcome a 2126c misrepresentation?
Any suggestions would be greatly appreciated!
January 31, 2008
Officer-in-Charge
U.S. Citizenship and Immigration Services
Department of Homeland Security
American Embassy
Ring Road East
Accra, Ghana
Applicant:
Alien:
Alien Number:
Application for Waiver of Grounds of Excludability (I-601) and (I-212) Permission to Re-enter
Claim of Extreme Hardship on the U.S. Citizen Spouse and two U.S. Citizen Children
Dear Sir/Madam:
I, , declare under the penalty of perjury, under the laws of the United States, that the following is true and correct:
I, , a U.S. citizen, in support of an I-601 Waiver of Grounds of Excludability and I-212 Permission to Re-enter on behalf of my husband, , submit this personal statement of extreme and unusual hardship. I have many overlapping hardships in the following areas: care of my U.S. citizen mother who is in failing health, my own personal health issues, health, welfare and education of our two small U.S. citizen children, employment, financial and personal considerations.
I. FAMILY BACKGROUND
___________ and I were very good friends for many years before we began dating and finally married in April, 2001. We purchased a home in 2002, in the small suburb of -----------. _______is my best friend and has proven over the past seven years to be a supportive, loving, and faithful husband and father. Our son, ------, 4 years old, and daughter, ------, 2 years old, adore their father and, in turn, he is devoted to them. Our relationship has gone through the transition of “romantic” love that newlyweds experience, to the “deeper” more profound love that occurs when you become parents. I look forward to growing old with my husband and watching our children grow into adulthood. His true devotion to me and to our family has never faltered. He is my anchor and the pillar of our family. ------- has emotionally supported me through some intensely difficult periods of my life— declining health of my mother, completion of my Master’s Degree, divorce of my parents, my health issues with asthma, and finally, the daily life of raising children. I cannot even imagine our small children, ------ and -------, and I being separated and living apart from him. However, living in Ghana is not an option because of the extreme and unusual hardship it would cause to family. My mother would be unable to join us because of her deteriorating health and the need for specialized care.
II. CARE OF MY MOTHER, _____________
My mother, ______________, is 71 years old. She is divorced from my father, ___________ She suffers from many diseases and is unable to care for herself independently. My mother has suffered from small-cell lung cancer, skin cancer, Chronic Obstructive Pulmonary Disease, Diabetes, Diabetic Neuropathy, diminishing Kidney function, Hypertension, Hypothyroidism, Osteoporosis, Strokes, Transient Ischemic Attacks (TIA), Parkinson’s Disease, and Alzheimer’s Disease. My mother is in the late stages of Parkinson’s Disease and Alzheimer’s Disease.
She has recently suffered two serious bouts of aspiration pneumonia and anemia. My mother is dependent on me financially and to oversee her care also. What she earns from Social Security and the small pension from my father is not enough to keep her well-taken care of in her home. I am responsible for supplementing her income. Each month I contribute $500 towards her expenses. Without the direct financial support of my husband, I will be unable to care for my mother’s needs. He also watches our children so that I can take care of her when needed. Sadly, my mother’s future medical needs will only be increasing due to the progression of her horrible diseases.
I cannot leave my mother in this condition. Her physical, financial, and emotional well-being are a heavy burden that I willingly and lovingly carry until it is her time to go. If we were not in her life, she would be defenseless, vulnerable, and she would give up and die. I respectfully request that my mother’s grave condition be taken into serious consideration when deciding this waiver. She has worked hard her entire life and deserves to live out the rest of her life with her family near her.
III. HEALTH
A. Medical
1. I suffer from Asthma. My asthma is currently being treated with Albuterol Sulfate (90 mcg), and Flutcasone-Salmeterol (Advair HFA 115-21 mcg). As documented by the American Academy of Allergy Asthma and Immunology, my breathing would be in jeopardy because of the humid, hot climate of the south-eastern region of Ghana. Humidity triggers my asthma and I am unable to breathe without my inhalers. Access to air-conditioning is impossible. We would be unable to afford an air-conditioning unit, and even if we tried, the electricity is off for many hours of the day rendering a unit useless.
Another asthma trigger is emotional anxiety. The stress of leaving my helpless mother, giving up my career which provides my family with medical care and subjecting my small children to a likely possibility of contracting a disease in Ghana are causing me terrible stress which is inducing asthma attacks. The attacks generally occur at least 3-4 times a week at night.
According to the U.S. State Department, access to quality medical treatment is limited in Ghana. The State Department also advises travelers to bring enough medication to last their planned trip. How will I be able to live in Ghana and have access to my medications over a 10 year period? The inhaler medications that are crucial for treatment are very expensive and not readily available. I could not afford to buy these expensive medications without the health coverage that I currently have. The economy in Ghana is so poor that we would not be able to earn enough money to afford to send away for medication. According to a study by the World Health Organization for the Global Asthma Study, less than 50% of the asthma population in Ghana do not have access to essential asthma medications. My health would certainly deteriorate without my medication.
Living in Ghana with asthma would be an extreme hardship and a threat to my physical well-being. As documented by an article by expatriates, Ghana is experiencing a “brain-drain” of qualified medical doctors and support staff because of the poor economy. It would be very difficult to find a doctor that is as qualified as my physician at The Cleveland Clinic in Cleveland, Ohio. I am terrified of dying of the suffocating feeling of asthma. Please do not make me have to choose between living with the father of my children in Ghana and being able to breathe.
2. For the past 15 years I have suffered from severe Allergic Rhinitis. I am being treated with Zyrtec 10 mg, Allegra D, and Fluticasone Furoate (Veramyst) 27.5. I suffer year-long with severe allergic reactions to cat dander, dog dancer, dust mites, molds, tree pollen, grasses, weeds, and ragweed and some food allergens as well. The moist, humid, climate in Ghana would severely aggravate my allergy to molds. I am very scared about how my body will react to Ghana’s tree pollens, weeds and grasses.
Along with the severe Allergic Rhinitis, I suffer from chronic sinus infections as noted in my medical chart. I will suffer greatly from these infections if I cannot afford medical treatment. When I do have a sinus infection, I am feverish, dizzy, and generally nauseous from the drainage. It is difficult to care for my two small children when I am sick without the help of my husband. This has been an ongoing, chronic illness. In my early 20’s, the severe drainage and chronic strep infections caused me to have a tonsillectomy to combat the infections.
Part of my allergic rhinitis is having a long history of rashes, hives and severe reactions to bug bites. My hives occur when I am extremely stressed or eat a food that I am allergic to. According to the State Department’s travel bulletin for Ghana an insect bite could potentially be fatal by causing severe infection or malaria.
In order to alleviate my allergic reactions, I am currently considering undergoing allergy immunotherapy. I would be under therapy for the next three to five years. The cost of the allergy immunotherapy would be prohibitive in Ghana and access to good doctors limited if I did not have cash to pay upfront.
3. I have chronic neck/shoulder and lower back pain. I have suffered from this pain for most of my life. The most effective treatment has been chiropractic care. Dr. _________________has been treating me for the past 8 years. I frequently receive electrical stimulation, physical therapy, massage therapy, hydrotherapy and adjustments to treat this pain. Without chiropractic care, my neck would not have full range of motion. During very stressful times, the muscles of my neck nearly lock and I suffer from severe headaches. I do a series of exercises and use a heating pad and ice pack to help with my chronic neck and shoulder pain
Due to the stress of this situation, I have been in chronic pain and have sought treatment 3 to 4 times a month. There are only four practicing chiropractors in Ghana, according to the Chiropractic Diplomatic Corps. web site. To fulfill the needs of the population, there should be an estimated 260 chiropractors. I would have a very difficult time finding a qualified chiropractor who has a fully equipped facility to provide hydrotherapy, electrical stimulation, and physical therapy.
B. Psychological
I have been receiving treatment for Clinical Depression/Situational Depression since August, 2006. I am being treated with Paxil 20 mg. and I have been experiencing the symptoms of depression for the past three years and these symptoms have persistently worsened (weight loss—20 pounds in 3 months, inability to sleep, diarrhea, anxiety, loss of concentration, crying). Anyone involved in a complicated immigration case would experience depression. However, my situation has been compounded by the likelihood of losing my husband, the deteriorating health and eventual death of my mother, and being responsible for raising two small children all alone. Some days I can barely function.
Until this situation happened with immigration I had never experienced all-consuming, overwhelming anxiety. I sought medication because I was constantly preoccupied and scared about crashing my car with my children inside. What really prompted me to seek help was the constant negative thoughts about crashing my car with my children. Never have I felt more helpless. After being in counseling for three months, I experienced my first anxiety attack while driving on the express way. My heart was beating and all I could hear was the pounding of my heart—I literally forced myself to not close my eyes and carefully get off the side of the road. I had to call a friend to drive me home. I tried not to scare my kids, but I was crying uncontrollably. I constantly live in fear of unforeseen danger and car crashes. These feelings are not normal and I am trying very hard for the sake of my family to control these horrible feelings; however, my mind seems uncontrollable. These horrible thoughts are compounded by the fact that I cannot sleep at night. Horrible thoughts about the separation of my husband and the death of my mother keep replaying through my mind. I am so scared at night that I stay awake and cry. I try so hard throughout the day to be strong for my children and my mother that I break down at night.
The first counselor I saw from August 2006 to February 2007 was only slightly helpful. During that time I had the anxiety attack while driving and I knew that I needed more treatment, so I sought the opinion of my primary care physician, _________, and she referred me to I see ___________, the director of the Pain Management Center at ________, ___________and she prescribed Paxil. I know that my anxiety and depression are caused by this situation. In the past, I have always been a strong person. This persistent sadness and feelings of helplessness never seem to go away.
The deportation of my husband and the pressure of my mother and my children have caused many of the people who care about me to be concerned. My best friends will often call to check on me or try to stop by if I sounded strange on the phone. I have stopped attending social functions with friends. I feel like I have nothing good to talk about and it is painful when I see my friends with their husbands and making positive progress in their life. I’m happy for them, but I hurt inside for my own life.
Not only is my personal life being affected, but also my professional life too. It is so difficult for me to concentrate at work. I am chronically late because I just can’t seem to move fast enough in the morning because I have been awake all night either crying or mulling over what a bad mother I am for not being more positive and keeping it together. I know that I am not the vivacious, positive teacher that I used to be. I am simply surviving. This scares me because I know that I cannot afford to lose my job. It is the only stability that I have in my life. My principal has noticed that I’m just not the same person that I used to be—we’ve worked together for 13 years. I know that he has a professional obligation to be sure that I am performing adequately and on time, but he is having a hard time letting my tardiness slip by. My colleagues have had to take over some of the duties that I gladly did in the past and I know it is causing them extra work and I sense that they are angry with me for being a slacker. It is terribly draining to have to put on a “mask” for your students while you’re crying inside.
I am just so scared all the time. I know that both mentally and physically, I would not be able to handle the dangerous living conditions in Ghana. If this waiver is denied, I know that my depression will worsen. The stress from being separated from my husband and having to care for my mother and children will cause my asthma and depression to worsen. I know that I bear the responsibility for my entire family and it is overwhelming. The denial of this waiver would probably send me into a chronic, clinical depression. I simply could not afford the medication to treat my asthma and my depression in Ghana.
C. Potential for Inherited Illnesses
My mother, _____________, suffers from many serious diseases. I may be genetically at-risk for developing diabetes, hypertension, or cancer. According to the National Institutes of Health (NIH), hypertension risk is increased by long-lasting stress and a family history of high blood pressure.
With information provided to me by my physician, _____________, the heavy stress of this immigration case, and my mother’s diagnosis of hypertension and diabetes, I know that I am at-risk for developing diabetes and/or hypertension. Not only am I at risk because of my family history, but also because of my race. According to the National Institute of Health, Puerto Ricans are more likely to be diagnosed with Type II diabetes between the ages of 30 and 50 than other groups. Both diabetes and hypertension could lead to heart and kidney failure, stroke and eventual death. If I were in Ghana, I would not have access to the proper medical care to monitor my health condition and, if diagnosed with either one of these diseases, I would not be able to afford the medication or treatment.
As witnessed by the world, the Ghanaian woman who was deported from the United Kingdom in January, 2007 with terminal multiple myeloma, was refused treatment at the main hospital in Accra, Ghana because she had no money. This could be me or one of our children, if we lived in Ghana.
Due to my severe allergic rhinitis and the chronic sinus infections I have experienced in the past, I have a polyp in my sinus cavity. If this polyp continues to grow, I may need sinus surgery to remove it. According to research, the likelihood of this polyp growing back after surgery is great. I would not be able to afford this procedure in Ghana, nor would I have access to quality medical treatment.
D. Health Insurance/Dental Insurance/Prescription Coverage
If our children and I were to move to Ghana, I would give up the excellent health insurance that my school district provides teachers. I would not be able to afford treatment for my asthma, allergic rhinitis, immunotherapy, chronic neck and lower back pain, or clinical depression. My physical and emotional health would deteriorate.
Even more frightening would be the lack of healthcare for our children, ______ and _____________ (ages 4 and 2). We would be terrible parents if we subjected them to the multitude of serious diseases in Ghana without being able to afford health care coverage, access to qualified doctors, and medication. The CIA World Factbook states that there is a very high degree of risk for food or waterborne diseases like bacterial and protozoal diarrhea, hepatitis A, and typhoid fever. Malaria and yellow fever are high risks in some parts of Ghana as well. In 2007, meningococcal meningitis also resurfaced in Ghana. To make matters worse, Avian Flu also surfaced in 2007.
I would not be able to forgive myself or continue living if I knew that a decision I made to leave the security of our wonderful country would cause the death or serious illness of either one of our children.
IV. EDUCATION
A. For Our Children
The Ghanaian education system is not equal to the education system of our community in the _____________. Our school district is rated effective on the State of ________District Report Card. As an educator and parent, I can not compromise the educational integrity of our children. My husband had a greencard before we were married and immigration issues were not part of our relationship. We married, bought a home, and three years later, planned our first child, _________, who is 3 years old. At this point, I was 32, happy with my career, happy with my marriage and thrilled about the birth of our son, when the notice to appear arrived at our home in January, 2004—two weeks before the due date of our baby. What I am trying to say is that our children were conceived out of love and as loving parents, we know that we could not afford the prices of the international schools in Ghana, which would provide the equivalent or less of an education that we currently have in our own city. My husband and I were born poor, to parents who never had the opportunity to finish primary school. We know that education is a top priority for our children. They would truly be the victims in this scenario if we were forced to move to Ghana.
It is not fair to have to choose between living with their father and compromising their education. They did not ask to be born into this horrible situation and I don’t deserve to have to make that type of decision. I beg you to consider the future education and employment opportunities of our children.
Without my husband, I will not be able to afford preschool. I would barely be able to afford babysitting services. Our income would not qualify our children for government-assisted preschool programs. Scientific studies prove that children who attend preschool do better in school. It is morally wrong to deprive our children of the foundation for their education. Our own government recognizes this fact, and funds Head-Start through the Department of Education. I am begging you to consider our two innocent, beautiful children and allow their father to support their education and more importantly, allow him to be a constant part of their lives.
B. For Myself
I am currently enrolled at _____________. I am pursuing a Master’s in Educational Administration. If I were forced to live in Ghana while my husband served his 10 year bar, the 30 credits that I have toward the program would be useless. It would be a waste of time, money and effort, as it is a requirement that the program be completed within 6 years of starting it. I feel as if I am in a no-win situation because I need the credits for my teaching certification; however, I can’t afford them without the financial support of my husband. My school district generously allows tuition reimbursement for half the total amount. I just can’t afford the other half without him.
I have happily taught the children of my community for the past 13 years—I have more to give in the way of being an educational leader. As documented by articles from the American Association of School Administrators, there is a shortage of principals and administrators. There is a need for my skills in the U.S. and I want to continue contributing to my country and my profession; however, I can’t live without my husband for 10 years.
V. PROFESSIONAL TEACHING CERTIFICATE
I am certified by the ____________to teach Spanish. I cannot use my license in another state, let alone another country. I have been a Spanish teacher for the past 13 years in the ____________. I have a Bachelor of Science in Education and a Bachelor of Arts in Spanish from the University of ___________). I have also completed a Master of Arts in Spanish from _________________. Currently, I have completed several classes toward a Master’s degree in Educational Administration.
According to the state of _______rigorous guidelines, every five years I must earn six graduate credits or eighteen continuing education credits in order to renew my five-year teaching license. I would not be able to afford these professional development requirements in Ghana because I would not be able to afford the cost of the tuition. Also, if my husband is not in the United States working to help provide for our family, I would not be able to complete these requirements as well. By not completing the required professional development, I would lose my teaching license; therefore, losing my livelihood and the only career I have ever loved and the only way I have to provide stability for my family.
Losing my teaching license constitutes an extreme financial hardship to me and my family.
VI. EMPLOYMENT IN GHANA
As Spain had limited power in the colonization of West Africa, there is little need for Spanish instruction in Ghanaian public schools. According to a study and based on the Ghanaian National Teacher Association, their public education system is struggling to break the influence of British colonization and incorporate the native languages of Ghana as the language of instruction, even though English is the official language of the government many people do not speak English. Indigenous languages are used in both formal and informal settings. More than 100 languages are used—none of which are Spanish. My qualifications would be useless in Ghana.
With an unemployment rate of over 20%, employment in my profession would be unattainable. This would constitute an extreme hardship to not be able to work in my specialized profession.
In order to be an effective teacher, one must understand their students’ cultural backgrounds, speak their language, understand their culture and traditions and be able to connect the subject matter to real-world experience. I do not speak any ethnic Ghanaian language. According to the CIA World Factbook, there are many ethnic groups in Ghana which have their own cultural identity. I would not be able to learn this ‘null curriculum’ or hidden curriculum of instruction. Each culture and society possesses one. There is no way to tie learning Spanish to a real-world need in their country. The need for speaking the language does not exist. Therefore, my credibility as an instructor and as a foreigner is lost.
The average Ghanaian salary is $1 US dollar an hour. That is not adequate to provide health insurance coverage, dental insurance coverage, living expenses, school tuition for our children and myself, care for my mother, and pay outstanding credit card and student loan debt in the United States. It is an extreme hardship to not be able to afford the bare necessities of our life.
According to the Ghanaian Embassy in Washington, D. C., I require a professional visa to work in my chosen profession in Ghana. I would be prevented from teaching Spanish because of my inability to communicate in any indigenous Ghanaian language. Having an intimate knowledge of a Ghanaian language would facilitate my communication with parents and other faculty. The language barrier and lack of employment opportunity keeps me from teaching in Ghana.
VII. FINANCIAL CONSIDERATIONS
My current financial situation is grave. I have outstanding debt to credit card companies, student loans, car loan, mortgage, preschool tuition, babysitting services, and care of my mother, as shown below:
OUTSTANDING BALANCES MONTHLY PAYMENTS
• $90,000 mortgage
• $16,000 in a car loan
• $8,000 in student loans
• $32,000 in credit card debt
• $3,110 in preschool tuition
TOTAL: $149,110
TOTAL: $4,542
My monthly take-home salary is __________; it is obvious that I cannot even afford the bare necessities without my husband working in the United States.
In addition, I have $10,000 in credit card debt which will increase after a trip to Accra, Ghana--$6,000 alone for airline tickets for our family of four. This amount does not include my husband’s credit card debt of $22,000. As shown above, our mortgage has an outstanding balance of $90,000. Liquidating my home in the slow housing market would be very difficult. ______________has been ranked #1 for housing foreclosures in the nation. People just don’t have money to buy homes in my area.
Our family income would plummet if we are forced to move to Ghana. We will be joining the 40% of the Ghanaian population that lives on less that $1 a day. There is no doubt in my mind that my two small children and I will be living in poverty.
It is an extreme hardship to lose my excellent credit score in the United States because I would be unemployed and unable to make payments to my U.S. creditors. In good faith I was lent money, and in good faith I want to pay back my debt as I have done so without fail my entire adult life. It is unfair to make my creditors take a loss on my loans. This places me in a no-win situation that would cause an extreme hardship not only to my creditors and myself, but also to my mother, who depends on me financially.
My husband has never worked in Ghana as an adult; however, through close communication with family, we know that the employment opportunities are scant and cover expenses for food and nothing else. Without my husband here to help me pay our financial obligations and care for our children and our mothers, I would suffer an extreme hardship because of my inability to be responsible to my family and my creditors. I have to make the difficult decision of not paying my husband’s credit card debt because I have to preserve my own creditworthiness.
The grim reality is that without my husband working in the United States, I am unable to pay our monthly bills of $4,482. Painfully, in Ghana, however, I would have no income at all to even attempt to pay my creditors or pay for the care of my mother who is in constant and consistent deteriorating health.
VIII. PERSONAL CONSIDERATIONS
Our Children—Along with my mother, our children are a primary reason that I cannot/should not, as a loving, well-educated parent, move my children to Ghana because of the following reasons:
a. lack of basic medical care
As noted by Ghana’s President John Kufuor, it is difficult to receive basic medical care for children in Ghana. Due to the poor economy in Ghana, we would be unable to pay for adequate medical care for our children. If an emergency were to arise, it is advised by the U.S. Department of State that patients should be flown to hospitals in Europe to receive adequate medical attention. It would be an extreme hardship to our children if we could not afford to provide for their medical needs in a life-threatening situation.
b. risk of contracting life-threatening diseases
It is normal for young children my own children’s age to contract illnesses throughout childhood such as, ear infections, strep throat, intestinal viruses, and colds and respiratory infections. When faced with such an illness in the United States, children can easily recover. In Ghana, because of the inadequate and substandard medical care, these commonplace illnesses can become life-threatening. My children will also be facing numerous other diseases that are life-threatening if they were to grow up in Ghana. The CIA World Factsheet states that there is a very high degree of risk for food or waterborne diseases like bacterial and protozoal diarrhea, hepatitis A, and typhoid fever. Malaria and yellow fever are high risks in some parts of Ghana as well. In 2007, meningococcal meningitis also resurfaced in Ghana.
Is it morally responsible to transplant your children to a country where the average life expectancy is 57 years old? Yet, is it morally responsible to deny having their father in their life? This is an extreme hardship for our children.
c. irreversible psychological damage
The long-term effects on our children would be devastating. It is especially noteworthy to mention the effects that children suffer from by being raised in a single-parent household. It would be an extreme hardship for our family to live in Ghana; however, it would be an even more damaging psychological situation to live in the United States without my husband and ___________father.
It has been noted and studied by many different sources, researchers, and organizations that children suffer greatly when separated from a parent. For example, as stated in “Paying the Price: The Impact of Immigration Raids on America’s Children,” effects include economic hardship, psychological trauma, feelings of abandonment, separation anxiety disorder, post-traumatic stress disorder, and depression. According to the U.S. Department of Commerce, “Children living at home with both parents grow up with more financial and educational advantages than youngsters raised by one parent, as U.S. Census Bureau statistics have long shown.”
Having a loving, two-parent, financially secure household affects student performance in school. A study by the American Sociological Association reported in 2001 that "For both academic subjects — math and science — the largest performance gap between children from single-parent homes and those from two-parent families is found in the U.S."
Our two children, since the day they were born, have known nothing else besides a stable, nurturing, and loving environment with their two parents. ___________ is a hands-on father who participates in the daily care of our children. He willingly bathes, dresses, feeds, plays, and cares for them when they are sick. There is nothing that he would not do to insure their happiness and safety. We have struggled with this immigration problem for the past four years as a young family. Through it all, ___________ and I have focused on giving our children a nurturing, happy childhood—even when we feel an overwhelming sadness because of this separation.
We are struggling to explain to our children why their daddy can’t live with them anymore. It is heartbreaking! This is not fair to our children! They need their father to nurture and provide for them financially.
Politics now threaten to separate our loving family. According to the United Nations Convention on the Rights of the Child, our children are entitled to the following:
Preamble
”…the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding, considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular, in the spirit of peace, dignity, tolerance, freedom, equality, and solidarity.”
Article 9
“1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence.”
Article 10
“1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family.
2. A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances, personal relations and direct contacts with both parents.”
Article 18
”1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents…have the primary responsibility for the upbringing and development of the child.”
It is an extreme hardship for our children to live in Ghana, but also an extreme hardship to live in the U.S. without their father. I respectfully request that consideration be given to the future of our innocent little children.
d. cultural alienation
Our children are multi-racial Americans. They are American and identify with American culture. They do not look Ghanaian and would be targets for racism, violence, or exploitation. Ghana’s ethnic groups have very strong inter-cultural identity and are not open to accepting children that are not from their own ethnic group. Our children do not eat Ghanaian foods, celebrate Ghanaian traditions, or identify with being Ghanaian. It would be psychologically damaging to our children to subject them to a foreign culture and expect them to thrive in school.
e. crime/safety
According to the U.S. Dept. of State Trafficking in Humans Report, 2004, Ghana is a tier one country (large problem with human trafficking).
“Ghana is a source, transit, and destination country for women and children trafficked for the purposes of sexual exploitation and forced domestic and commercial labor. Ghanaian children are trafficked to work in fishing communities along Lake Volta, and to cities to work as domestic helpers, porters, and assistants to local traders.” Our country recognizes the dangerous conditions that exist for children in Ghana. Our children would draw attention to themselves because they look different and are not Ghanaian. This would increase their chances of being targets of child traffickers.
f. lack of educational opportunities
Our children’s education in Ghana would be in jeopardy. We could not afford international school tuition prices that would give them an equal or less education than the school district in which we live.
UNESCO statistics are evidence that the education system in Ghana is weak and in need of structural adjustment programs from the World Bank in order to subsidize their system.
Only 65% of girls and 65% of boys are enrolled in primary school. The statistics are worse for secondary school—35% of girls and 39% of boys are enrolled. Our children’s future would be irreversibly affected by this struggling education system.
g. language barrier
Our children do not speak any traditional Ghanaian languages. Without intimate knowledge of the language, social customs, and traditions, our children would be outsiders in a hostile country.
h. Ghanaian society’s view of women
According to a recent publication of “Women, Law and Development in Africa”:
“However, at all levels of Ghanaian societies, many forms of discrimination against women are practised in the name of culture. Although culture belongs to the whole society, women are often held to a higher standard of cultural compliance than men. There are situations when women become the enforcers of negative customs against fellow women in their capacity as custodians of particular practices. While this makes them open to criticism, their activities are for the benefit of men.” (August 2007)
The same article also explains the sad state of family life for women and girls:
“Ghanaian proverbs which are passed off as conventional wisdom express
gender biases and reinforce the discrimination of women. Ghanaian societies
expect all men and women to marry and have children by a certain age.
Women feel the weight of these expectations more heavily as they are
expected to marry much earlier than men and are often blamed for the
breakdown of marriage and the absence of children within marriage. In
situations where men do not contribute to the upbringing of children, women
are left to carry the burden unaided and stigmatized, and are often vulnerable
to exploitation. Customary law rules, beliefs, ideologies and practices of
marriage discriminate against women. In Ghana, 23% of currently married
women are in a polygamous union, a decline from 28% in 1993. Differences
in the status, rights and responsibilities of a husband and wife, and
inheritance rules that favor the extended family over the marriage based
family result in power imbalances and weaken women’s voices within their
households. Women are expected to submit to their husbands irrespective of
the issues at stake and their submission is reinforced by religious doctrines.
Various forms of discrimination such as the imbalance in unpaid labour and
housework leave women with less time to pursue their paid work, social
activities and social development programmes. The time constraints women
experience within their households also affects girls who are socialised to do
more housework than boys.” (August, 2007)
Sadly, the governmental institutions support these abuses against women. Women are often the victims of domestic violence and charges are seldom brought against the husband. This is a country that still practices female genital mutilation! Nearly 30% of young girls are forced to go through this procedure!
It would be unfair, irresponsible, and dangerous for me to acculturate our daughter, ____________, with these archaic values. The school system perpetrates these values by channeling girls into curricula which is deemed “appropriate” for women—lack of sufficient remuneration and little encouragement to pursue higher education. A society’s education system perpetrates both the positive and negative values of the culture upon the students. It is an extreme hardship for me, as a woman, to think of subjecting my daughter to an education system which would devalue her as a human being. It is an extreme hardship for my daughter to not be able to flourish under the best education system in the world, in her home country of the United States of America. I beg you to consider how our daughter’s future would be limited if she were acculturated into a society that does not value women as equals, but as second class citizens.
IX. SPECIAL FACTORS
A. Lack of Language Skills/Cultural Isolation
I do not speak any indigenous Ghanaian Languages. This would cause extreme hardship because my profession requires excellent communication skills and an ability to connect with people. The cultural isolation for our children and me would be an extreme hardship.
Primitive cultural traditions based on gender would further impact my position in Ghanaian society and the freedom to flourish for our daughter, Adriana.
B. Gravely Dangerous Living Conditions in Ghana
I was born in ______________, a rural farming community, United States of America. I have never visited Ghana. I am not of African ancestry. My physical characteristics and the physical characteristics of our small children would make it very obvious to people in Ghana that we are foreigners. We would be targets for robbery, victimization and discrimination. Ghana’s high unemployment rate and high poverty rate breed an environment for crime—especially in its larger cities (Chris Benjamin, The Statesman).
Ghana has serious problems with drug trafficking and human trafficking. According to the U.S. Department of State, violent armed robbery has increased. It cautions to avoid beaches, markets, and communal taxis. I would be unable to follow these precautions with my children if we lived in Ghana. Furthermore, the U.S. Dept. of State has also warned that there has been a confirmed case of Avian Influenza. I am terrified of living in Ghana with my small children. Ghana is a dangerous place to live. It is one thing to be responsible for yourself, but having to be responsible for the health and safety of two small children in this type of environment is an extreme hardship. Living in Ghana could potentially result in possible death to me or our children. My physical and emotional health will be negatively impacted because of the stress of having to by so vigilant about our daily lives. I am terrified of the possibility of living in Ghana.
X. CHARACTER STATEMENT
____________is a kind, compassionate, caring, loving man. As a driver for _________he has transported many different clients. His main contract is with the _________________. The compassion and kindness that he shows his handicapped clients is noteworthy.
____________ sincerely regrets the circumstances by which he came to this country 15 years ago. His current immigration status causes him a lot of anxiety about our future as a family. It is very painful for him to think of being separated from us and leaving me alone to raise our two small children. He wishes more than anything that he could undo the past.
__________ loves the United States and would love to become a citizen as soon as he is able. _____________has spent most of his entire adult life here and has culturally adopted the American way. My husband was enrolled in _______________College and was pursuing a nursing degree. He has a sincere desire to help people. With a lack of qualified nurses in the U.S., my husband could help fill this growing need. He has never been a burden to our country by receiving welfare benefits and will not be a burden in the future. There is no doubt that if _____________should be allowed to return to this country that our family’s financial future would be secure.
Summary:
My husband is my best friend and I love him deeply. He has been a source of strength through my mother’s illness and through the births of our two small children. The depth of emotions that we have for each other cannot be explained. This immigration crisis could have pulled us apart, but the strength of commitment that we have for our family has only made us closer. It is unimaginable living our lives without him.
I cannot live in Ghana without suffering extreme and unusual hardship. If ___________is not allowed to return to the United States, my entire life will be impacted and the future of our little children will be negatively impacted. I will suffer a decline in my physical and mental health, my education will be interrupted, I will have a severe decline in my standard of living and be unable to care for my mother who is in deteriorating health, I will be separated from all my family and friends, losing community and professional ties. I will be socially and culturally isolated, unemployed, and constantly terrified of violence and disease. These factors would make it impossible for me to move to Ghana without severe and unusual hardship. At the same time, my profound attachment to the father of my children and my belief in the sanctity of family and marriage prevents my remaining in the United States without him. I am faced with an impossible situation.
In light of the extreme and unusual hardships that I and our two children would have to endure as well as the fact that ____________and I have a real marriage that has endured for the past seven years, I respectfully request that you waive the 10-year ban so that we can continue our family life in the United States. If he is allowed to come back to the United States, our country will have gained a responsible, hard-working, tax-paying, and law-abiding father of two adoring children.
I sincerely thank you for your consideration.
Respectfully,
Any suggestions would be greatly appreciated!
January 31, 2008
Officer-in-Charge
U.S. Citizenship and Immigration Services
Department of Homeland Security
American Embassy
Ring Road East
Accra, Ghana
Applicant:
Alien:
Alien Number:
Application for Waiver of Grounds of Excludability (I-601) and (I-212) Permission to Re-enter
Claim of Extreme Hardship on the U.S. Citizen Spouse and two U.S. Citizen Children
Dear Sir/Madam:
I, , declare under the penalty of perjury, under the laws of the United States, that the following is true and correct:
I, , a U.S. citizen, in support of an I-601 Waiver of Grounds of Excludability and I-212 Permission to Re-enter on behalf of my husband, , submit this personal statement of extreme and unusual hardship. I have many overlapping hardships in the following areas: care of my U.S. citizen mother who is in failing health, my own personal health issues, health, welfare and education of our two small U.S. citizen children, employment, financial and personal considerations.
I. FAMILY BACKGROUND
___________ and I were very good friends for many years before we began dating and finally married in April, 2001. We purchased a home in 2002, in the small suburb of -----------. _______is my best friend and has proven over the past seven years to be a supportive, loving, and faithful husband and father. Our son, ------, 4 years old, and daughter, ------, 2 years old, adore their father and, in turn, he is devoted to them. Our relationship has gone through the transition of “romantic” love that newlyweds experience, to the “deeper” more profound love that occurs when you become parents. I look forward to growing old with my husband and watching our children grow into adulthood. His true devotion to me and to our family has never faltered. He is my anchor and the pillar of our family. ------- has emotionally supported me through some intensely difficult periods of my life— declining health of my mother, completion of my Master’s Degree, divorce of my parents, my health issues with asthma, and finally, the daily life of raising children. I cannot even imagine our small children, ------ and -------, and I being separated and living apart from him. However, living in Ghana is not an option because of the extreme and unusual hardship it would cause to family. My mother would be unable to join us because of her deteriorating health and the need for specialized care.
II. CARE OF MY MOTHER, _____________
My mother, ______________, is 71 years old. She is divorced from my father, ___________ She suffers from many diseases and is unable to care for herself independently. My mother has suffered from small-cell lung cancer, skin cancer, Chronic Obstructive Pulmonary Disease, Diabetes, Diabetic Neuropathy, diminishing Kidney function, Hypertension, Hypothyroidism, Osteoporosis, Strokes, Transient Ischemic Attacks (TIA), Parkinson’s Disease, and Alzheimer’s Disease. My mother is in the late stages of Parkinson’s Disease and Alzheimer’s Disease.
She has recently suffered two serious bouts of aspiration pneumonia and anemia. My mother is dependent on me financially and to oversee her care also. What she earns from Social Security and the small pension from my father is not enough to keep her well-taken care of in her home. I am responsible for supplementing her income. Each month I contribute $500 towards her expenses. Without the direct financial support of my husband, I will be unable to care for my mother’s needs. He also watches our children so that I can take care of her when needed. Sadly, my mother’s future medical needs will only be increasing due to the progression of her horrible diseases.
I cannot leave my mother in this condition. Her physical, financial, and emotional well-being are a heavy burden that I willingly and lovingly carry until it is her time to go. If we were not in her life, she would be defenseless, vulnerable, and she would give up and die. I respectfully request that my mother’s grave condition be taken into serious consideration when deciding this waiver. She has worked hard her entire life and deserves to live out the rest of her life with her family near her.
III. HEALTH
A. Medical
1. I suffer from Asthma. My asthma is currently being treated with Albuterol Sulfate (90 mcg), and Flutcasone-Salmeterol (Advair HFA 115-21 mcg). As documented by the American Academy of Allergy Asthma and Immunology, my breathing would be in jeopardy because of the humid, hot climate of the south-eastern region of Ghana. Humidity triggers my asthma and I am unable to breathe without my inhalers. Access to air-conditioning is impossible. We would be unable to afford an air-conditioning unit, and even if we tried, the electricity is off for many hours of the day rendering a unit useless.
Another asthma trigger is emotional anxiety. The stress of leaving my helpless mother, giving up my career which provides my family with medical care and subjecting my small children to a likely possibility of contracting a disease in Ghana are causing me terrible stress which is inducing asthma attacks. The attacks generally occur at least 3-4 times a week at night.
According to the U.S. State Department, access to quality medical treatment is limited in Ghana. The State Department also advises travelers to bring enough medication to last their planned trip. How will I be able to live in Ghana and have access to my medications over a 10 year period? The inhaler medications that are crucial for treatment are very expensive and not readily available. I could not afford to buy these expensive medications without the health coverage that I currently have. The economy in Ghana is so poor that we would not be able to earn enough money to afford to send away for medication. According to a study by the World Health Organization for the Global Asthma Study, less than 50% of the asthma population in Ghana do not have access to essential asthma medications. My health would certainly deteriorate without my medication.
Living in Ghana with asthma would be an extreme hardship and a threat to my physical well-being. As documented by an article by expatriates, Ghana is experiencing a “brain-drain” of qualified medical doctors and support staff because of the poor economy. It would be very difficult to find a doctor that is as qualified as my physician at The Cleveland Clinic in Cleveland, Ohio. I am terrified of dying of the suffocating feeling of asthma. Please do not make me have to choose between living with the father of my children in Ghana and being able to breathe.
2. For the past 15 years I have suffered from severe Allergic Rhinitis. I am being treated with Zyrtec 10 mg, Allegra D, and Fluticasone Furoate (Veramyst) 27.5. I suffer year-long with severe allergic reactions to cat dander, dog dancer, dust mites, molds, tree pollen, grasses, weeds, and ragweed and some food allergens as well. The moist, humid, climate in Ghana would severely aggravate my allergy to molds. I am very scared about how my body will react to Ghana’s tree pollens, weeds and grasses.
Along with the severe Allergic Rhinitis, I suffer from chronic sinus infections as noted in my medical chart. I will suffer greatly from these infections if I cannot afford medical treatment. When I do have a sinus infection, I am feverish, dizzy, and generally nauseous from the drainage. It is difficult to care for my two small children when I am sick without the help of my husband. This has been an ongoing, chronic illness. In my early 20’s, the severe drainage and chronic strep infections caused me to have a tonsillectomy to combat the infections.
Part of my allergic rhinitis is having a long history of rashes, hives and severe reactions to bug bites. My hives occur when I am extremely stressed or eat a food that I am allergic to. According to the State Department’s travel bulletin for Ghana an insect bite could potentially be fatal by causing severe infection or malaria.
In order to alleviate my allergic reactions, I am currently considering undergoing allergy immunotherapy. I would be under therapy for the next three to five years. The cost of the allergy immunotherapy would be prohibitive in Ghana and access to good doctors limited if I did not have cash to pay upfront.
3. I have chronic neck/shoulder and lower back pain. I have suffered from this pain for most of my life. The most effective treatment has been chiropractic care. Dr. _________________has been treating me for the past 8 years. I frequently receive electrical stimulation, physical therapy, massage therapy, hydrotherapy and adjustments to treat this pain. Without chiropractic care, my neck would not have full range of motion. During very stressful times, the muscles of my neck nearly lock and I suffer from severe headaches. I do a series of exercises and use a heating pad and ice pack to help with my chronic neck and shoulder pain
Due to the stress of this situation, I have been in chronic pain and have sought treatment 3 to 4 times a month. There are only four practicing chiropractors in Ghana, according to the Chiropractic Diplomatic Corps. web site. To fulfill the needs of the population, there should be an estimated 260 chiropractors. I would have a very difficult time finding a qualified chiropractor who has a fully equipped facility to provide hydrotherapy, electrical stimulation, and physical therapy.
B. Psychological
I have been receiving treatment for Clinical Depression/Situational Depression since August, 2006. I am being treated with Paxil 20 mg. and I have been experiencing the symptoms of depression for the past three years and these symptoms have persistently worsened (weight loss—20 pounds in 3 months, inability to sleep, diarrhea, anxiety, loss of concentration, crying). Anyone involved in a complicated immigration case would experience depression. However, my situation has been compounded by the likelihood of losing my husband, the deteriorating health and eventual death of my mother, and being responsible for raising two small children all alone. Some days I can barely function.
Until this situation happened with immigration I had never experienced all-consuming, overwhelming anxiety. I sought medication because I was constantly preoccupied and scared about crashing my car with my children inside. What really prompted me to seek help was the constant negative thoughts about crashing my car with my children. Never have I felt more helpless. After being in counseling for three months, I experienced my first anxiety attack while driving on the express way. My heart was beating and all I could hear was the pounding of my heart—I literally forced myself to not close my eyes and carefully get off the side of the road. I had to call a friend to drive me home. I tried not to scare my kids, but I was crying uncontrollably. I constantly live in fear of unforeseen danger and car crashes. These feelings are not normal and I am trying very hard for the sake of my family to control these horrible feelings; however, my mind seems uncontrollable. These horrible thoughts are compounded by the fact that I cannot sleep at night. Horrible thoughts about the separation of my husband and the death of my mother keep replaying through my mind. I am so scared at night that I stay awake and cry. I try so hard throughout the day to be strong for my children and my mother that I break down at night.
The first counselor I saw from August 2006 to February 2007 was only slightly helpful. During that time I had the anxiety attack while driving and I knew that I needed more treatment, so I sought the opinion of my primary care physician, _________, and she referred me to I see ___________, the director of the Pain Management Center at ________, ___________and she prescribed Paxil. I know that my anxiety and depression are caused by this situation. In the past, I have always been a strong person. This persistent sadness and feelings of helplessness never seem to go away.
The deportation of my husband and the pressure of my mother and my children have caused many of the people who care about me to be concerned. My best friends will often call to check on me or try to stop by if I sounded strange on the phone. I have stopped attending social functions with friends. I feel like I have nothing good to talk about and it is painful when I see my friends with their husbands and making positive progress in their life. I’m happy for them, but I hurt inside for my own life.
Not only is my personal life being affected, but also my professional life too. It is so difficult for me to concentrate at work. I am chronically late because I just can’t seem to move fast enough in the morning because I have been awake all night either crying or mulling over what a bad mother I am for not being more positive and keeping it together. I know that I am not the vivacious, positive teacher that I used to be. I am simply surviving. This scares me because I know that I cannot afford to lose my job. It is the only stability that I have in my life. My principal has noticed that I’m just not the same person that I used to be—we’ve worked together for 13 years. I know that he has a professional obligation to be sure that I am performing adequately and on time, but he is having a hard time letting my tardiness slip by. My colleagues have had to take over some of the duties that I gladly did in the past and I know it is causing them extra work and I sense that they are angry with me for being a slacker. It is terribly draining to have to put on a “mask” for your students while you’re crying inside.
I am just so scared all the time. I know that both mentally and physically, I would not be able to handle the dangerous living conditions in Ghana. If this waiver is denied, I know that my depression will worsen. The stress from being separated from my husband and having to care for my mother and children will cause my asthma and depression to worsen. I know that I bear the responsibility for my entire family and it is overwhelming. The denial of this waiver would probably send me into a chronic, clinical depression. I simply could not afford the medication to treat my asthma and my depression in Ghana.
C. Potential for Inherited Illnesses
My mother, _____________, suffers from many serious diseases. I may be genetically at-risk for developing diabetes, hypertension, or cancer. According to the National Institutes of Health (NIH), hypertension risk is increased by long-lasting stress and a family history of high blood pressure.
With information provided to me by my physician, _____________, the heavy stress of this immigration case, and my mother’s diagnosis of hypertension and diabetes, I know that I am at-risk for developing diabetes and/or hypertension. Not only am I at risk because of my family history, but also because of my race. According to the National Institute of Health, Puerto Ricans are more likely to be diagnosed with Type II diabetes between the ages of 30 and 50 than other groups. Both diabetes and hypertension could lead to heart and kidney failure, stroke and eventual death. If I were in Ghana, I would not have access to the proper medical care to monitor my health condition and, if diagnosed with either one of these diseases, I would not be able to afford the medication or treatment.
As witnessed by the world, the Ghanaian woman who was deported from the United Kingdom in January, 2007 with terminal multiple myeloma, was refused treatment at the main hospital in Accra, Ghana because she had no money. This could be me or one of our children, if we lived in Ghana.
Due to my severe allergic rhinitis and the chronic sinus infections I have experienced in the past, I have a polyp in my sinus cavity. If this polyp continues to grow, I may need sinus surgery to remove it. According to research, the likelihood of this polyp growing back after surgery is great. I would not be able to afford this procedure in Ghana, nor would I have access to quality medical treatment.
D. Health Insurance/Dental Insurance/Prescription Coverage
If our children and I were to move to Ghana, I would give up the excellent health insurance that my school district provides teachers. I would not be able to afford treatment for my asthma, allergic rhinitis, immunotherapy, chronic neck and lower back pain, or clinical depression. My physical and emotional health would deteriorate.
Even more frightening would be the lack of healthcare for our children, ______ and _____________ (ages 4 and 2). We would be terrible parents if we subjected them to the multitude of serious diseases in Ghana without being able to afford health care coverage, access to qualified doctors, and medication. The CIA World Factbook states that there is a very high degree of risk for food or waterborne diseases like bacterial and protozoal diarrhea, hepatitis A, and typhoid fever. Malaria and yellow fever are high risks in some parts of Ghana as well. In 2007, meningococcal meningitis also resurfaced in Ghana. To make matters worse, Avian Flu also surfaced in 2007.
I would not be able to forgive myself or continue living if I knew that a decision I made to leave the security of our wonderful country would cause the death or serious illness of either one of our children.
IV. EDUCATION
A. For Our Children
The Ghanaian education system is not equal to the education system of our community in the _____________. Our school district is rated effective on the State of ________District Report Card. As an educator and parent, I can not compromise the educational integrity of our children. My husband had a greencard before we were married and immigration issues were not part of our relationship. We married, bought a home, and three years later, planned our first child, _________, who is 3 years old. At this point, I was 32, happy with my career, happy with my marriage and thrilled about the birth of our son, when the notice to appear arrived at our home in January, 2004—two weeks before the due date of our baby. What I am trying to say is that our children were conceived out of love and as loving parents, we know that we could not afford the prices of the international schools in Ghana, which would provide the equivalent or less of an education that we currently have in our own city. My husband and I were born poor, to parents who never had the opportunity to finish primary school. We know that education is a top priority for our children. They would truly be the victims in this scenario if we were forced to move to Ghana.
It is not fair to have to choose between living with their father and compromising their education. They did not ask to be born into this horrible situation and I don’t deserve to have to make that type of decision. I beg you to consider the future education and employment opportunities of our children.
Without my husband, I will not be able to afford preschool. I would barely be able to afford babysitting services. Our income would not qualify our children for government-assisted preschool programs. Scientific studies prove that children who attend preschool do better in school. It is morally wrong to deprive our children of the foundation for their education. Our own government recognizes this fact, and funds Head-Start through the Department of Education. I am begging you to consider our two innocent, beautiful children and allow their father to support their education and more importantly, allow him to be a constant part of their lives.
B. For Myself
I am currently enrolled at _____________. I am pursuing a Master’s in Educational Administration. If I were forced to live in Ghana while my husband served his 10 year bar, the 30 credits that I have toward the program would be useless. It would be a waste of time, money and effort, as it is a requirement that the program be completed within 6 years of starting it. I feel as if I am in a no-win situation because I need the credits for my teaching certification; however, I can’t afford them without the financial support of my husband. My school district generously allows tuition reimbursement for half the total amount. I just can’t afford the other half without him.
I have happily taught the children of my community for the past 13 years—I have more to give in the way of being an educational leader. As documented by articles from the American Association of School Administrators, there is a shortage of principals and administrators. There is a need for my skills in the U.S. and I want to continue contributing to my country and my profession; however, I can’t live without my husband for 10 years.
V. PROFESSIONAL TEACHING CERTIFICATE
I am certified by the ____________to teach Spanish. I cannot use my license in another state, let alone another country. I have been a Spanish teacher for the past 13 years in the ____________. I have a Bachelor of Science in Education and a Bachelor of Arts in Spanish from the University of ___________). I have also completed a Master of Arts in Spanish from _________________. Currently, I have completed several classes toward a Master’s degree in Educational Administration.
According to the state of _______rigorous guidelines, every five years I must earn six graduate credits or eighteen continuing education credits in order to renew my five-year teaching license. I would not be able to afford these professional development requirements in Ghana because I would not be able to afford the cost of the tuition. Also, if my husband is not in the United States working to help provide for our family, I would not be able to complete these requirements as well. By not completing the required professional development, I would lose my teaching license; therefore, losing my livelihood and the only career I have ever loved and the only way I have to provide stability for my family.
Losing my teaching license constitutes an extreme financial hardship to me and my family.
VI. EMPLOYMENT IN GHANA
As Spain had limited power in the colonization of West Africa, there is little need for Spanish instruction in Ghanaian public schools. According to a study and based on the Ghanaian National Teacher Association, their public education system is struggling to break the influence of British colonization and incorporate the native languages of Ghana as the language of instruction, even though English is the official language of the government many people do not speak English. Indigenous languages are used in both formal and informal settings. More than 100 languages are used—none of which are Spanish. My qualifications would be useless in Ghana.
With an unemployment rate of over 20%, employment in my profession would be unattainable. This would constitute an extreme hardship to not be able to work in my specialized profession.
In order to be an effective teacher, one must understand their students’ cultural backgrounds, speak their language, understand their culture and traditions and be able to connect the subject matter to real-world experience. I do not speak any ethnic Ghanaian language. According to the CIA World Factbook, there are many ethnic groups in Ghana which have their own cultural identity. I would not be able to learn this ‘null curriculum’ or hidden curriculum of instruction. Each culture and society possesses one. There is no way to tie learning Spanish to a real-world need in their country. The need for speaking the language does not exist. Therefore, my credibility as an instructor and as a foreigner is lost.
The average Ghanaian salary is $1 US dollar an hour. That is not adequate to provide health insurance coverage, dental insurance coverage, living expenses, school tuition for our children and myself, care for my mother, and pay outstanding credit card and student loan debt in the United States. It is an extreme hardship to not be able to afford the bare necessities of our life.
According to the Ghanaian Embassy in Washington, D. C., I require a professional visa to work in my chosen profession in Ghana. I would be prevented from teaching Spanish because of my inability to communicate in any indigenous Ghanaian language. Having an intimate knowledge of a Ghanaian language would facilitate my communication with parents and other faculty. The language barrier and lack of employment opportunity keeps me from teaching in Ghana.
VII. FINANCIAL CONSIDERATIONS
My current financial situation is grave. I have outstanding debt to credit card companies, student loans, car loan, mortgage, preschool tuition, babysitting services, and care of my mother, as shown below:
OUTSTANDING BALANCES MONTHLY PAYMENTS
• $90,000 mortgage
• $16,000 in a car loan
• $8,000 in student loans
• $32,000 in credit card debt
• $3,110 in preschool tuition
TOTAL: $149,110
TOTAL: $4,542
My monthly take-home salary is __________; it is obvious that I cannot even afford the bare necessities without my husband working in the United States.
In addition, I have $10,000 in credit card debt which will increase after a trip to Accra, Ghana--$6,000 alone for airline tickets for our family of four. This amount does not include my husband’s credit card debt of $22,000. As shown above, our mortgage has an outstanding balance of $90,000. Liquidating my home in the slow housing market would be very difficult. ______________has been ranked #1 for housing foreclosures in the nation. People just don’t have money to buy homes in my area.
Our family income would plummet if we are forced to move to Ghana. We will be joining the 40% of the Ghanaian population that lives on less that $1 a day. There is no doubt in my mind that my two small children and I will be living in poverty.
It is an extreme hardship to lose my excellent credit score in the United States because I would be unemployed and unable to make payments to my U.S. creditors. In good faith I was lent money, and in good faith I want to pay back my debt as I have done so without fail my entire adult life. It is unfair to make my creditors take a loss on my loans. This places me in a no-win situation that would cause an extreme hardship not only to my creditors and myself, but also to my mother, who depends on me financially.
My husband has never worked in Ghana as an adult; however, through close communication with family, we know that the employment opportunities are scant and cover expenses for food and nothing else. Without my husband here to help me pay our financial obligations and care for our children and our mothers, I would suffer an extreme hardship because of my inability to be responsible to my family and my creditors. I have to make the difficult decision of not paying my husband’s credit card debt because I have to preserve my own creditworthiness.
The grim reality is that without my husband working in the United States, I am unable to pay our monthly bills of $4,482. Painfully, in Ghana, however, I would have no income at all to even attempt to pay my creditors or pay for the care of my mother who is in constant and consistent deteriorating health.
VIII. PERSONAL CONSIDERATIONS
Our Children—Along with my mother, our children are a primary reason that I cannot/should not, as a loving, well-educated parent, move my children to Ghana because of the following reasons:
a. lack of basic medical care
As noted by Ghana’s President John Kufuor, it is difficult to receive basic medical care for children in Ghana. Due to the poor economy in Ghana, we would be unable to pay for adequate medical care for our children. If an emergency were to arise, it is advised by the U.S. Department of State that patients should be flown to hospitals in Europe to receive adequate medical attention. It would be an extreme hardship to our children if we could not afford to provide for their medical needs in a life-threatening situation.
b. risk of contracting life-threatening diseases
It is normal for young children my own children’s age to contract illnesses throughout childhood such as, ear infections, strep throat, intestinal viruses, and colds and respiratory infections. When faced with such an illness in the United States, children can easily recover. In Ghana, because of the inadequate and substandard medical care, these commonplace illnesses can become life-threatening. My children will also be facing numerous other diseases that are life-threatening if they were to grow up in Ghana. The CIA World Factsheet states that there is a very high degree of risk for food or waterborne diseases like bacterial and protozoal diarrhea, hepatitis A, and typhoid fever. Malaria and yellow fever are high risks in some parts of Ghana as well. In 2007, meningococcal meningitis also resurfaced in Ghana.
Is it morally responsible to transplant your children to a country where the average life expectancy is 57 years old? Yet, is it morally responsible to deny having their father in their life? This is an extreme hardship for our children.
c. irreversible psychological damage
The long-term effects on our children would be devastating. It is especially noteworthy to mention the effects that children suffer from by being raised in a single-parent household. It would be an extreme hardship for our family to live in Ghana; however, it would be an even more damaging psychological situation to live in the United States without my husband and ___________father.
It has been noted and studied by many different sources, researchers, and organizations that children suffer greatly when separated from a parent. For example, as stated in “Paying the Price: The Impact of Immigration Raids on America’s Children,” effects include economic hardship, psychological trauma, feelings of abandonment, separation anxiety disorder, post-traumatic stress disorder, and depression. According to the U.S. Department of Commerce, “Children living at home with both parents grow up with more financial and educational advantages than youngsters raised by one parent, as U.S. Census Bureau statistics have long shown.”
Having a loving, two-parent, financially secure household affects student performance in school. A study by the American Sociological Association reported in 2001 that "For both academic subjects — math and science — the largest performance gap between children from single-parent homes and those from two-parent families is found in the U.S."
Our two children, since the day they were born, have known nothing else besides a stable, nurturing, and loving environment with their two parents. ___________ is a hands-on father who participates in the daily care of our children. He willingly bathes, dresses, feeds, plays, and cares for them when they are sick. There is nothing that he would not do to insure their happiness and safety. We have struggled with this immigration problem for the past four years as a young family. Through it all, ___________ and I have focused on giving our children a nurturing, happy childhood—even when we feel an overwhelming sadness because of this separation.
We are struggling to explain to our children why their daddy can’t live with them anymore. It is heartbreaking! This is not fair to our children! They need their father to nurture and provide for them financially.
Politics now threaten to separate our loving family. According to the United Nations Convention on the Rights of the Child, our children are entitled to the following:
Preamble
”…the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding, considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular, in the spirit of peace, dignity, tolerance, freedom, equality, and solidarity.”
Article 9
“1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence.”
Article 10
“1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family.
2. A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances, personal relations and direct contacts with both parents.”
Article 18
”1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents…have the primary responsibility for the upbringing and development of the child.”
It is an extreme hardship for our children to live in Ghana, but also an extreme hardship to live in the U.S. without their father. I respectfully request that consideration be given to the future of our innocent little children.
d. cultural alienation
Our children are multi-racial Americans. They are American and identify with American culture. They do not look Ghanaian and would be targets for racism, violence, or exploitation. Ghana’s ethnic groups have very strong inter-cultural identity and are not open to accepting children that are not from their own ethnic group. Our children do not eat Ghanaian foods, celebrate Ghanaian traditions, or identify with being Ghanaian. It would be psychologically damaging to our children to subject them to a foreign culture and expect them to thrive in school.
e. crime/safety
According to the U.S. Dept. of State Trafficking in Humans Report, 2004, Ghana is a tier one country (large problem with human trafficking).
“Ghana is a source, transit, and destination country for women and children trafficked for the purposes of sexual exploitation and forced domestic and commercial labor. Ghanaian children are trafficked to work in fishing communities along Lake Volta, and to cities to work as domestic helpers, porters, and assistants to local traders.” Our country recognizes the dangerous conditions that exist for children in Ghana. Our children would draw attention to themselves because they look different and are not Ghanaian. This would increase their chances of being targets of child traffickers.
f. lack of educational opportunities
Our children’s education in Ghana would be in jeopardy. We could not afford international school tuition prices that would give them an equal or less education than the school district in which we live.
UNESCO statistics are evidence that the education system in Ghana is weak and in need of structural adjustment programs from the World Bank in order to subsidize their system.
Only 65% of girls and 65% of boys are enrolled in primary school. The statistics are worse for secondary school—35% of girls and 39% of boys are enrolled. Our children’s future would be irreversibly affected by this struggling education system.
g. language barrier
Our children do not speak any traditional Ghanaian languages. Without intimate knowledge of the language, social customs, and traditions, our children would be outsiders in a hostile country.
h. Ghanaian society’s view of women
According to a recent publication of “Women, Law and Development in Africa”:
“However, at all levels of Ghanaian societies, many forms of discrimination against women are practised in the name of culture. Although culture belongs to the whole society, women are often held to a higher standard of cultural compliance than men. There are situations when women become the enforcers of negative customs against fellow women in their capacity as custodians of particular practices. While this makes them open to criticism, their activities are for the benefit of men.” (August 2007)
The same article also explains the sad state of family life for women and girls:
“Ghanaian proverbs which are passed off as conventional wisdom express
gender biases and reinforce the discrimination of women. Ghanaian societies
expect all men and women to marry and have children by a certain age.
Women feel the weight of these expectations more heavily as they are
expected to marry much earlier than men and are often blamed for the
breakdown of marriage and the absence of children within marriage. In
situations where men do not contribute to the upbringing of children, women
are left to carry the burden unaided and stigmatized, and are often vulnerable
to exploitation. Customary law rules, beliefs, ideologies and practices of
marriage discriminate against women. In Ghana, 23% of currently married
women are in a polygamous union, a decline from 28% in 1993. Differences
in the status, rights and responsibilities of a husband and wife, and
inheritance rules that favor the extended family over the marriage based
family result in power imbalances and weaken women’s voices within their
households. Women are expected to submit to their husbands irrespective of
the issues at stake and their submission is reinforced by religious doctrines.
Various forms of discrimination such as the imbalance in unpaid labour and
housework leave women with less time to pursue their paid work, social
activities and social development programmes. The time constraints women
experience within their households also affects girls who are socialised to do
more housework than boys.” (August, 2007)
Sadly, the governmental institutions support these abuses against women. Women are often the victims of domestic violence and charges are seldom brought against the husband. This is a country that still practices female genital mutilation! Nearly 30% of young girls are forced to go through this procedure!
It would be unfair, irresponsible, and dangerous for me to acculturate our daughter, ____________, with these archaic values. The school system perpetrates these values by channeling girls into curricula which is deemed “appropriate” for women—lack of sufficient remuneration and little encouragement to pursue higher education. A society’s education system perpetrates both the positive and negative values of the culture upon the students. It is an extreme hardship for me, as a woman, to think of subjecting my daughter to an education system which would devalue her as a human being. It is an extreme hardship for my daughter to not be able to flourish under the best education system in the world, in her home country of the United States of America. I beg you to consider how our daughter’s future would be limited if she were acculturated into a society that does not value women as equals, but as second class citizens.
IX. SPECIAL FACTORS
A. Lack of Language Skills/Cultural Isolation
I do not speak any indigenous Ghanaian Languages. This would cause extreme hardship because my profession requires excellent communication skills and an ability to connect with people. The cultural isolation for our children and me would be an extreme hardship.
Primitive cultural traditions based on gender would further impact my position in Ghanaian society and the freedom to flourish for our daughter, Adriana.
B. Gravely Dangerous Living Conditions in Ghana
I was born in ______________, a rural farming community, United States of America. I have never visited Ghana. I am not of African ancestry. My physical characteristics and the physical characteristics of our small children would make it very obvious to people in Ghana that we are foreigners. We would be targets for robbery, victimization and discrimination. Ghana’s high unemployment rate and high poverty rate breed an environment for crime—especially in its larger cities (Chris Benjamin, The Statesman).
Ghana has serious problems with drug trafficking and human trafficking. According to the U.S. Department of State, violent armed robbery has increased. It cautions to avoid beaches, markets, and communal taxis. I would be unable to follow these precautions with my children if we lived in Ghana. Furthermore, the U.S. Dept. of State has also warned that there has been a confirmed case of Avian Influenza. I am terrified of living in Ghana with my small children. Ghana is a dangerous place to live. It is one thing to be responsible for yourself, but having to be responsible for the health and safety of two small children in this type of environment is an extreme hardship. Living in Ghana could potentially result in possible death to me or our children. My physical and emotional health will be negatively impacted because of the stress of having to by so vigilant about our daily lives. I am terrified of the possibility of living in Ghana.
X. CHARACTER STATEMENT
____________is a kind, compassionate, caring, loving man. As a driver for _________he has transported many different clients. His main contract is with the _________________. The compassion and kindness that he shows his handicapped clients is noteworthy.
____________ sincerely regrets the circumstances by which he came to this country 15 years ago. His current immigration status causes him a lot of anxiety about our future as a family. It is very painful for him to think of being separated from us and leaving me alone to raise our two small children. He wishes more than anything that he could undo the past.
__________ loves the United States and would love to become a citizen as soon as he is able. _____________has spent most of his entire adult life here and has culturally adopted the American way. My husband was enrolled in _______________College and was pursuing a nursing degree. He has a sincere desire to help people. With a lack of qualified nurses in the U.S., my husband could help fill this growing need. He has never been a burden to our country by receiving welfare benefits and will not be a burden in the future. There is no doubt that if _____________should be allowed to return to this country that our family’s financial future would be secure.
Summary:
My husband is my best friend and I love him deeply. He has been a source of strength through my mother’s illness and through the births of our two small children. The depth of emotions that we have for each other cannot be explained. This immigration crisis could have pulled us apart, but the strength of commitment that we have for our family has only made us closer. It is unimaginable living our lives without him.
I cannot live in Ghana without suffering extreme and unusual hardship. If ___________is not allowed to return to the United States, my entire life will be impacted and the future of our little children will be negatively impacted. I will suffer a decline in my physical and mental health, my education will be interrupted, I will have a severe decline in my standard of living and be unable to care for my mother who is in deteriorating health, I will be separated from all my family and friends, losing community and professional ties. I will be socially and culturally isolated, unemployed, and constantly terrified of violence and disease. These factors would make it impossible for me to move to Ghana without severe and unusual hardship. At the same time, my profound attachment to the father of my children and my belief in the sanctity of family and marriage prevents my remaining in the United States without him. I am faced with an impossible situation.
In light of the extreme and unusual hardships that I and our two children would have to endure as well as the fact that ____________and I have a real marriage that has endured for the past seven years, I respectfully request that you waive the 10-year ban so that we can continue our family life in the United States. If he is allowed to come back to the United States, our country will have gained a responsible, hard-working, tax-paying, and law-abiding father of two adoring children.
I sincerely thank you for your consideration.
Respectfully,