PDA

View Full Version : My additional evidence HSL....input welcomed


Chapital
06-09-2008, 09:49 PM
I am getting ready to send in a new version of my hardship letter. While there are a few additional pieces of evidence I will be submitting with this letter, the guts of the hardships remain the same as my original (we were backlogged for DHS/FBI, likely due to my husbands DUI or the name match issue). Rather than just sending the new evidence, I have chosen to send in a new letter that summarizes in bullet format the HSL I already submitted. It was much longer and more narrative in nature. AND, I would love your thoughts....Here goes....feels kind of strange sharing all this....

On Nov 5, 2007, my husband, CHAPITAL submitted the I-601 waiver application and my evidence of hardship to me, his USC wife. Below is a summary of those hardships, with additional supporting evidence. The previously submitted packet is still applicable, but the attached is meant to reconfirm and supplement those materials.

Summary of Hardships

Significant Risk to Personal Health
Allergies
o I suffer from sinusitis related to allergies to dust mites and indoor/outdoor molds (medical records).
o I have antibiotic resistant sinus infections multiple times every year (see allergist records, walk in center, prescription info)
o Diagnosis, treating and maintaining my health with these allergies and infections has required and continues to require the care of an ear nose and throat specialist, allergist and most recently a chiropractor/acupuncturist (see medical records).
o I take 2 daily allergy prescription medicines and suffer from frequent sinus infections that require multiple rounds of antibiotics (see prescription records).
o The ongoing maintenance of this chronic and incurable condition requires that I am able to communicate with and have access to allergy specialists and access to prescription medications
o I do not speak Spanish and would not be able to communicate with physicians in Mexico
o If I moved to Mexico I would lose my job and excellent health insurance (see insurance documents) and would not be able to afford adequate medical care and prescription medication (see insurance information for Mexico)

Risk of cancer
o My mother died of Carsinosarcoma in Nov 2006 (see death certificate). This type of reproductive cancer is difficult to diagnose and has a high mortality rate (see attached stats).
o Because of the hereditary factors associated with this type of cancer, my risk of developing this or other cancers is increased (see attached).
o It is critical for me to have regular access to preventative screenings for cancer.
o If I were to live in Mexico, with no insurance I would not be able to afford the needed preventative screenings.
o Reproductive cancers have higher incidence and mortality in Mexico despite screening initiatives (see attached article)
o I would be jeopardizing my long term health by residing in Mexico

Total Loss of Career
o I have worked hard to receive both my Bachelors and most recently my Master’s of Business Administration (MBA) (refer to degree certificates and transcripts) and have more than 10 years US work experience in my area of expertise, Corporate HR (see employment verification).
o I work for a Fortune 500 Pharmaceutical company in a management track position (see promotion notice)
o My education and experience are all based on US laws and regulations and do not qualify me for global corporate Human Resources positions (see HR certification evidence)
o I do not speak, read or write Spanish and am not qualified for bi-lingual jobs in Mexico (see job search data for Mexico City)
o If I were required to move to Mexico I would have to abandon my career and the satisfaction and achievement I have gained through 6 years of education and more than 10 years of work experience. This would be personally and financially devastating.
o If I tried to re-enter my career at a later date I would not be qualified for the same level or type of position because my knowledge and skills would be outdated.
o I would not be able to obtain an FMT work visa in Mexico (see Mexico work requirements)
o I have worked my entire adult life pursuing education and career experience and cannot imagine having to abandon it.
o Before returning to Mexico my husband provided stay-at-home care for our children.
o If he is not able to return to the US, I will have to pay more than $2600 month for full-time child care for my 3 children (see day care cost sheet)
o I would not be able to meet the demands of my career and function as a single parent for our three children.

Significant Risk to Health of my Children
o My husband and I have 3 USC children
o My 4 year old daughter is allergic to peanuts and cashews (see medical records)
o My 2 year old daughter is allergic to peanuts, all tree nuts, fish, eggs, milk, and dust mites.(see medical records)
o Because of the hereditary nature of food and other allergies, our 11 month old son has a very elevated risk of also developing food or other allergies (see FAAN info).
o When exposed to these foods, they can have a potentially fatal anaphylactic reaction (see NIH and FAAN info on reaction)
o The two oldest have each already had a moderate reaction to one of their food allergens (medical records)
o Future reactions can escalate without warning to anaphylaxis (see NIH and FAAN info).
o If they have an anaphylactic reaction, a prescription Epi-Pen epinephrine injection must be administered immediately and they must receive emergency medical care within 15 minutes (see Pediatrician letter)
o Our home in Indiana is less than 5 minutes from quality emergency room care to treat anaphylaxis (see Mapquest)
o Even in Mexico City, where my husband’s family resides, emergency medical care (ambulances, emergency rooms, protocols) are inadequate to care for such emergencies and inconsistent. (see attached article)
o Anaphylactic reactions are unpredictable and can occur with even the slightest exposure to the allergic substance (see NIH and FAAN info).
o Us laws require all packaged foods to have clear statements of allergens content (see attached law); Daycares and schools are trained in preventing allergen exposure and treating anaphylactic reactions
o No packaging laws exist in Mexico and due to the lower rate of food allergies, almost all schools have no training in dealing with childhood food allergies
o Requiring me to reside in Mexico for 10 years places my children in direct risk of death if they have an anaphylactic reaction. It would be absolutely devastating for me to lose one of my children.
o Their risk of having a fatal anaphylactic reaction increases with age (insert FAAN stats here)
o In addition, my 2 year old suffers from dust environmental allergies that require her to take two prescription medications on a daily basis (see medical records).
o Diagnosing and treating these health concerns requires multiple specialists in the US with whom I can communicate with in English. I would not be able to communicate with Spanish speaking physicians in Mexico.
o As a mother, not being able to provide for the health and physical safety of my children would be horrible.
o With the loss of my job and insurance I would have no insurance or income with which to pay for medical bills or prescription medications necessary for the safety of my children.
o Without an Epi Pen injection my children would die from an anaphylactic reaction; Even with an Epi-Pen injection, without adequate emergency care, they could die from an anaphylactic reaction
o Due to the high correlation between allergies and asthma, my children have an extreme risk of developing asthma
o Asthma would be aggravated by air pollution and air quality issues in Mexico City (see attached articles)
o I cannot subject my children to 10 years of life-risking exposure to allergens in a country that cannot adequately address significant food allergy reaction prevention or post-reaction medical care.

Significant Disadvantage in the Education of my Children
o As evidenced by my own achievement of advanced education, I am determined to provide my children with a quality education and the opportunity to pursue their career dreams.
o With the loss of my job and income I would not be able to afford private education in Mexico and my children would have to attend public schools.
o Add public school stats and compare with Indiana stats (still working on)
o It would be devastating to me to not be able to provide for the education of my children

Severing of Ties to Family & Community
o I have nine brothers and sisters and a tight and caring family (see multiple letters from siblings)
o My mother passed away in Nov 2006. After her death my family experienced significant trauma and is still trying to piece together our family relationship.
o My father has recently (April 2008) remarried and distanced himself from the family, causing significant rifts in our family dynamics.
o I cannot be further separated from my family by residing in Mexico as we try to rebuild family relationships after my mother’s death and father’s remarriage.
o My youngest sister is mentally retarded and under the guardianship of my father. He is in poor health (include med records). I would be involved in my sister’s care should something happen to my father (see letter from my father).
o Impact of children living without one parent (single parent statistics)
o I am extremely active in my church community and current hold and have always held positions within our congregation. As a life-long active member of my church, I consider my faith and religious worship as a defining element of who I am.
o Mexico is predominately Catholic; there are very few congregations for my faith and none of these congregations have services in English.
o I would not be able to worship in my language; My spiritual well-being, a defining part of who I am, would be lost if I moved to Mexico for 10 years.

Financial future
o Despite having a well paying job in the US, I have significant debt and financial obligations that I would not be able to fulfill if I abandoned my job to reside in Mexico with my husband (see budget exhibit).
o If I remained in the US, I would incur significant child care costs (more than $2600 month) to place my children in childcare while I work (see day care cost sheet)
o I would abandon the financial security I have worked hard to secure through retirement plans and social security and would not be able to continue to save for my retirement or college educations for my children (attach SS annual report)
o I would lose our home (refer to mtge info).
o I would be abandoning the financial future of myself and my children if I had to move to Mexico.
o I would have a significant likelihood of living in poverty in Mexico ( see stats).

Emotional
o I have NO family, friends or acquaintances in Mexico
o I do not speak Spanish
o The loss of my career, being torn from my family, friends and associations in the United States would be overwhelming if I were forced to move to Mexico
o I tried unsuccessfully to immerse myself in Hispanic culture and language while my husband was serving in church leadership for our local Spanish language congregation.
o I would lead an isolated, depressed and …life
o I have always been self-sufficient, independent in the US,,I would not be in Mexico
o I would not be able to function in a Spanish speaking environment. Accessing public transportation, securing basic supplies and food, interacting with medical care and educational providers would be almost impossible.
o If I remained in the US, I would not be able to emotionally survive being separated from my husband.
o I cannot subject my three children to the disadvantages in education and significant risks to their person health by residing in Mexico for 10 years and I cannot live without my husband.

Chapital
06-10-2008, 03:13 PM
Anyone?????

stephluvju
06-10-2008, 05:07 PM
Hi Chapital - I think it seems like you've done a great job. I guess I don't understand though why you have to resubmit the hsl if you were backlogged due to DHS/FBI. Is this the normal procedure? Best wishes! I hope you are reunited with your husband soon!

Chapital
06-10-2008, 05:13 PM
Hi Chapital - I think it seems like you've done a great job. I guess I don't understand though why you have to resubmit the hsl if you were backlogged due to DHS/FBI. Is this the normal procedure? Best wishes! I hope you are reunited with your husband soon!

I don't have to....Since they did NOT check the evidence box and our initial packet was comprehensive I have not sent in any additional evidence, yet. But, there are a few things that I wanted to add, so I am going to send this in. Also, I recall in one of Laurel's chats that she was uncertain as to whether we should fully trust the checked boxes. She felt that there might be some reviewers who only look at the case until they find a reason to check one of the boxes and then move on, while others might be more thorough and check all that apply. So, while I would like to assume that because the "evidence" box was NOT checked that the only thing that stands between us and an approval is the background checks, we all know how random things can be sometimes with CDJ....
Sorry for a really long answer...thanks for taking the time to read and respond to my letter

Sandra Rangel
06-10-2008, 05:19 PM
Wow Chapital you have a-lot to work with there, it seems like a really good start. Good Luck may YAH bless!!!

stephluvju
06-10-2008, 05:32 PM
That is a very good point. When my husband went to his first appointment one thing was missing from the file so the officer told my husband to go print it and bring it back. So, she gave him this slip of paper that she was suppose to check the box that said he could come back in HOWEVER she checked the box that said he had to reschedule the whole appointment. My husband had to run around like crazy trying to find someone who would let him back into the consulate. Anyways, in the end everything worked out fine BUT the girl did say this: I OFTEN CHECK THE WRONG BOX. So, moral of the story, I think that it is good that you are sending all of this stuff in! And I think that it is great that you've bulleted it.

Laura
06-10-2008, 05:34 PM
I think it's really, really good.

dnatej
06-10-2008, 05:42 PM
WOW! I think this is Great!

Chapital
06-10-2008, 05:44 PM
Thanks. I really appreciate the feedback...I think we have an approvable case but we have had some unexpected bumps so I am anxious...

Another question that I sometimes lose sleep over....the only criminal issue my husband has is one DUI from before we met. Out attny included a legal argument including case law in her brief, and also referenced letters from "character witnesses" such as church leaders my husband worked with, a police sargeant he has also worked worth in the church and community, etc. My husband has not had a drink since we started dating. We included all the court documents about the case and that he completed all required, but since he stopped drinking at all shortly after the incident and never attended formal rehabilitation we did not include anything of that sort. I know I am probably stressing over nothing, but do you think that is enough?

Laura
06-10-2008, 05:46 PM
Well, there are plenty of people who have had a DUI or two (old ones like these) and not as strong or well-prepared hardship cases and been approved, so I think you are fine.

Salsa2
06-10-2008, 06:06 PM
The court paperwork would show that he completed any required alcohol classes. That counts as rehabilitation if you ask me.

Your letter is great. I think this was a smart move on your part b/c now you have all of your bases covered, just in case!

stephluvju
06-11-2008, 06:23 PM
Hey Chapital! I don't know if you were in Laurel's chat today or not but I thought I would pass this along. She said don't assume that they looked at your hsl if they checked the FBI box. So, it is really great that you are revamping it and adding in additional info. Good luck.

Chapital
06-11-2008, 07:54 PM
Hey Chapital! I don't know if you were in Laurel's chat today or not but I thought I would pass this along. She said don't assume that they looked at your hsl if they checked the FBI box. So, it is really great that you are revamping it and adding in additional info. Good luck.

Yep...saw that in the transcript and heard her say that several months ago as well. I really do feel the first packet was very good, but will still be sending this in soon. I have a Dr. appt on Tuesday and want to wait until after that in case it might impact it a bit....Thanks!

ojos_de_alicia
06-11-2008, 08:02 PM
chapital.. i kinda skimmed it over all i can say is... but make sure to put how this allllll affects you.. put something like

therefore.. this is an extreme hardship on me the USC to have to chose btwn moving to mexico with my husband if his waiver is denied and my childrens health and wellbeing, as their allergies are very severe and can be life threatening... .

something to that extent

i put something about how it would affect me tremendously (even tho it was obvious) if my child couldnt get.. therapy or.. speak correctly ( daughter was in speech therapy) b/c i would have to move to mexico..


i put something liek that at the end of EACH hardship i was listing... just so they wouldn't forget

just because its assumable.. doesnt mean they dont need to see in writing how this causes an extreme hardship to you..

hope that helps

Chapital
06-11-2008, 08:04 PM
Thanks Ojos...I will. My full first letter was much more expansive and had more statements like that, but I need to be sure this one also reflects the impact to me very clearly....thanks!

ojos_de_alicia
06-11-2008, 08:07 PM
no prob.. i kept thinking.. yea.. someones going to be reading this thnking.. so waht? your child cant speak properly...

so i kind of layed it all out there and told them.. yea she cant speak andddd i have this this this this this and that to worry about as well!

in the end.. all they want to see is how it all affects you ( i know you've prob heard this a million times ) lol