tasksgirl
06-11-2008, 02:26 AM
June 10, 2008
Consulate General of the United States
Avenida Lopez Meteos 924 N.
Ciudad Juarez, Chihuahua, Mexico
Re: Case No. _____________
Applicant: XXXXXXXXXXXXXXXXXXXXX
Application for Waiver of Grounds of Excludability (I-601)
Claim of Extreme Hardship on the U.S. Citizen Spouse
Dear Sir/Madam:
I, XXXXXXXX, a U.S. citizen, in support of an I-601 Waiver of Grounds of Excludability filed on behalf of my husband, XXXXXXXXXX, submit this personal statement of extreme hardship. I am compelled by our spiritual & marital bond to reside with my husband wherever he should be. Therefore, should Luis be banned from the country, I would be forced to relocate with him to Mexico for the duration of his ban. Doing so would cause extreme hardships to me personally, a born citizen of the United States.
Background Information & Special Circumstances
I find it important for the reader to note that my husband was brought to the United States by his parents when he was only 3 years of age; obviously not of his own accord. My husband was raised here in the United States and has worked hard to become a productive member of American society. He has completely and totally assimilated since that time, attending public school, paying taxes, registering for Selective Service, and enrolling in college. Luis remained in this country after he turned 18 because he had already met and fallen in love with me, and he did not have even the slightest memory of his birth country - a foreign country to him. My husband sincerely considers the United States his home. Once we married, I petitioned for my husband because we wanted to properly comply with the immigration laws of this country. Should we be forced to relocate to Mexico it would be a foreign country to both of us. My husband has no culpability in his illegal entry into this country, and limited culpability in staying. I also think it important to note that my husband has no criminal record as an adult and has always been a responsible family man.
Major Health Problems in USC’s Immediate Family Requiring Extensive Care
A – USC’s Family’s Absolute Need for Future Care: Not only is my mother a caretaker for my mentally disabled brother, but she is also a caretaker for my physically disabled father. As detailed in section B, my father suffers from FALS, a fatal and genetic neurological disorder causing muscle atrophy and eventual paralysis. As detailed in section C, my brother has moderate level autism and requires complete daily assistance.
Being a caretaker for a disabled individual can be extremely draining and can be hard for one person to manage alone. Caring for one disabled person requires great dedication and can be very draining both physically and emotionally. Caring for TWO disabled persons is next to impossible for one person to do alone. My mother is currently the sole caregiver for the family and it’s clear that she will not be able to manage alone for much longer. She will need me to be there and step in when she can not handle it anymore. My mother is also aging and if she were to become ill also my family could not manage without myself and my husband as well.
My father’s condition is degenerative, meaning that the body progressively deteriorates over time. When diagnosed, my father was able to walk comfortably, with his only symptom being minor tremors in his hands. Since that time, walking has become extremely painful and increasingly difficult; and it is now impossible for him to walk even short distances without the aid of a cane. As my father’s health continues to deteriorate he will require increasing attention. He will become confined to a wheelchair and need assistance with hygiene, going to the restroom, and even ___. ALS is a fatal disorder and towards the end of the patient’s life, individuals with ALS will have difficulty breathing, become paralyzed, and become easily susceptible to diseases like pneumonia. [Cite] When sleeping an individual who is paralyzed must be turned and adjusted several times throughout the night, and can not be left alone.
My brother’s condition is a life-long condition, meaning it will never be cured or downgraded. He receives Social Security benefits and up until 2 years ago was enrolled in public special education programs. He will need living assistance for the entirety of his life. Caring for my brother has been a life-long, full-time job for my mother, who will now have to deal with the care of my father as well.
Furthermore; as ALS is a fatal disorder, when my father passes away my mother and brother will need considerable help both emotionally, financially, and physically. As my mother has not worked in over 20 years and has never been involved in the finances of the family; the responsibility to coordinate my father’s funeral, as well my brother’s trust fund and care would fall on me. My mother is also aging, with a family history and diagnosis of high cholesterol; she is at risk for heart disease. There is also a history of cancer in my mother’s immediate family – her own mother died at the very young age of __ of brain cancer and my mother’s twin sister is currently battling ovarian cancer.
If anything were to happen to my mother I would have to be available to immediately jump in and care for my father and brother. Even with my mother being available to care for them, she will no doubt need help as my father’s condition worsens. If my husband was required to stay in Mexico and I was to be living there with him, I would not be able to be there for my family. I would be given a choice of staying with my husband in Mexico and abandoning my family, or returning to help my family and abandoning my husband. Even if I were able to return to the United States to assist my family, I would not have the financial stability to continue to support them. My parents are approaching their 60s and it would absolutely devastate me if I was not able to care for them and spend time with them as they age and enter the final years of their lives.
B – Father’s Degenerative, Debilitating ALS Disorder: At the age of 43 my father David Osterhout was diagnosed with Familial Amyotrophic Lateral Sclerosis. According to the NINDS, “Amyotrophic lateral sclerosis (ALS), sometimes called Lou Gehrig's disease, is a rapidly progressive, invariably fatal neurological disease that attacks the nerve cells (neurons) responsible for controlling voluntary muscles ... Eventually the ability of the brain to start and control voluntary movement is lost. Individuals with ALS lose their strength and the ability to move their arms, legs, and body [Exhibit 1-A1]…” Familial ALS is a rare form of ALS, occurring in only 10% of all ALS cases. In the case of my family, 7 members have exhibited an ALS-type disorder, although some of them were initially diagnosed with various other motor-neuron disorders since little was known about FALS in that time period. My paternal grandfather, great-grandmother, great-aunt, and other family members were all diagnosed with the disease at varying ages in their lives, some as young as 34 [Exhibit 1-A2]. According to a leading specialist and researcher on familial ALS, who received and reviewed my family’s records, ____ [Exhibit 1-A3].
Within a few short years my father’s disease has progressed quickly. He is beginning to need the aid of the walker to walk around the house and will inevitably be permanently bound to a wheelchair. Most ALS patients eventually become either partially or fully paralyzed and all ALS patients will eventually need assistance breathing [Exhibit 1-A4]. According to the doctor who has treated him since his diagnosis in 1999, “David will need ______ [Exhibit 1-A5].”
As the disease progresses, my father will need constant care and it is inevitable that my parents will need my assistance in the immediate future. My mother, aging herself, is the sole caretaker for both my father and my brother, who is also disabled.
In an incident in February 2008, my father was attempting to do some yard work and left his cane in the backyard when moving to the front yard to throw away a bag of trash. Just in this short time he lost his balance and without having his cane to support himself he fell and broke his foot. He had to remain in a wheelchair for 8 weeks while the bone healed. [Exhibit 1-A6] Since that accident he has not regained his former state of mobility, as limited as it already was.
Upkeep of a property and house is not only expensive but physically demanding. Up until this time my father has handled all problems in the home such as pest control; yard work; plumbing repairs; maintaining storm windows; repairing storm damage; dealing with air conditioning & heating malfunctions; preparing attic & piping insulation in winter months, etc. As we can obviously see from my father’s accident, he was trying to handle these household tasks even though he could barely walk. My mom is not skilled at these kinds of repairs. So in addition to a need for caregiving, my parents will also need my husband around in the future to provide physical labor for home repairs and improvements when needed. Also, my parents will soon need to make extensive repairs and modifications to their home to ensure that it is fully equipped for wheelchairs – wider doorways, ramps, etc. As neither of my parents are able-bodied enough for major construction work, my husband will be needed at that time to install these new modifications.
Even more devastating, if I were forced to relocate to Mexico for 10 years I would most certainly miss the last years of my dad’s life. My father was diagnosed 10 years ago in 1999, which is considered a very long time for an ALS patient to live. According to research released by the ALS Association, “The life expectancy of an ALS patient averages about two to five years from the time of diagnosis ... About twenty percent of people with ALS live five years or more and up to ten percent will survive more than ten years and five percent will live 20 years.” [Exhibit 1-A7] As the research indicates, living more than 10 years past diagnosis is rare and living more than 20 years past diagnosis is extremely rare. Since 10 years have already passed since my father’s initial diagnosis, it is inevitable that my father will pass away within the next 10 years. If I were to be residing in Mexico during this time I would be losing precious time with my father and I would not be able to assist in his daily care towards the end of his life. Since plane tickets from Mexico City, Mexico to Houston, Texas average $___ round trip [Exhibit 1-A8]; while the average Mexican wages are only MX$209 – or 20 dollars - a day [Exhibit 1-A9] it would impossible for me to visit my father in the last years of his life. My dad and I have almost daily contact and he has been my support throughout my entire life. Not being able to care for him when he is suffering both physically and emotionally, and spend precious time with him before he passes would be extremely devastating to both of us.
C – Brother’s Mental Disability & Need for Care: Furthermore, my brother XXXXXXXX is autistic. Autism is ________________________. [Exhibit 1-b1] He requires extensive, daily care and assistance with everything from hygiene to meal preparation. __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ ________
I am named as the Primary Alternate (immediately after my parents) for my brother’s trust fund and I am the only family member available to assist in his care. In the event of one or both of my parent’s deaths, which are certainly coming as death is a natural part of life, I am the sole family member who can provide care for my brother. There are no other family members who have the time and resources to dedicate to a special needs person like my brother. I have no other siblings, and no one in my extended family has the resources to take on another disabled individual. My mom has 3 sisters, one of which has 3rd stage ovarian cancer, the other of which is bipolar and mentally unstable, and the third of which is a single parent also raising a daughter with autism. [Evidence of all of these things]
Aside from the fact that other family members are suffering with their own medical problems; my brother needs a very stable and familiar environment, and as mentioned in the psychiatric evaluation of my brother Kyle, “____________.” He absolutely refuses to communicate with others outside the home, even extended family members whom he is familiar with; and if he were not in the care of someone from his immediate family that could understand him, his mental and physical health would definitely decline. As a mentally disabled individual, he will have an extremely difficult time dealing with the inevitable loss of one or both of my parents, and would most definitely need special mental health care. Autistic individuals are lost within their own minds, and my parents and I have been the only individuals who have ever been able to break through even slightly into my brother’s world. Not being able to care for my father and brother would be devastating to me emotionally as would not being able to spend time with my father in his last years of life. My family has always been there for me and I absolutely must be there to take care of them as they struggle with their health issues.
Major Hereditary Health Risks in USC’s Immediate Family
A – Extreme Risk of FALS in USC’s Future: Research indicates that individuals who have one or more family members with ALS carry an extreme risk of being diagnosed themselves. (CITE) With nearly every single member of my extended paternal family suffering from this severe, hereditary condition; I am obviously at dramatic risk of diagnosis of this potentially devastating disorder. Furthermore, as demonstrated in my family’s records, a diagnosis can come at any age (CITE), even in one’s 20s or 30s. Unfortunately genetic testing is not enough to determine whether an individual will develop ALS. There is one method to test an individual such as myself which a large family history, but in only 2% of cases are the results conclusive. (CITE) Therefore it is impossible to know until diagnosis whether an individual is a carrier of the disease or not. Symptoms can begin to occur at any age, and _____. It is extremely likely I will eventually carry the diagnosis myself; it is just a matter of when. While ALS is not curable and currently not treatable (CITE), new clinical drug trials and research are being done in the United States in an attempt to slow down the progression of ALS. (CITE) Therefore, if a diagnosis were to befall me during the 10 years I would be living in Mexico, I would be losing out on the latest technologies and medical treatments available in the United States. Even if such treatments were to eventually become available in Mexico, I would not have access to the healthcare system to treat my condition, nor the money to pay the hospitals directly. The salary my husband would make in Mexico would leave nothing to pay for medical care, or insurance to cover it. Since I am not a Mexican citizen and I do not have any of the special skills necessary to qualify for a visa to work in Mexico, I will not have the ability to work and we would not have the means to pay for medical care. Failing to receive any future treatments for the disease would drastically shorten my life, not to mention the quality of my life. If the onslaught of ALS were to occur while living in Mexico, by the time I would re-enter and re-establish myself in the U.S. I would have lost valuable time to slow the progression of ALS. Also, once diagnosed, I would be uninsurable. This means that if diagnosed while not under any existing health insurance, I would not be able to get any new insurance coverage when I return to the U.S. (CITE)
B – Risk of Autism & Mental Health Disorders in Future Children: Although the exact cause of autism is debated, it has been determined that autism is definitely at least in part genetic. There are high instances of autism in siblings and in twins. My brother and my cousin both suffer from autism. __________________________________________________ __________________________________________________ __________________________________________________ ________________________________________ [CITE from government source]
Loss of Career & Inability to Work in Mexico
A – Current Career: I currently work for COMPANY as a Senior Data Operations Specialist, a specialized computer position in which I have worked since 2006. The skills that I have obtained at this job are specialized, but are only applicable within my company, or possibly within a very small industry of E-Commerce comparison shopping websites. There is no way these skills would be applicable in Mexico. If I had to relocate to Mexico with my husband, I would be losing out on the extensive special training and skills that I have received here and I would miss many future raises and promotions. [Letter from boss] Since 2006 I have received 2 promotions as well as 2 annual raises. [Evidence of pay raises & promotion] My position was very difficult to obtain, and leaving to Mexico would force me to walk away from a great professional career that I have worked hard to establish even at my young age and while still in school. In the United States I am able to continue my excellent professional career; whereas in Mexico ___. COMPANY has an excellent health, dental, and vision plan as well as a 401k retirement savings plan and many other valuable benefits. [Printout of COMPANY's benefits] If I had to relocate to Mexico, I would be losing not only professional opportunities for advancement, but also the excellent benefits that my company provides.
B - Inability to Work in Mexico: As a U.S. citizen, in order to procure legal employment in Mexico, I would have to get a work visa which has stringent requirements difficult for anyone to qualify for. In order to obtain a visa to work in Mexico, an applicant “must be sponsored by a company who must satisfy the authorities that you are essential to their operative requirements.” There are no suitable professional career options for me in Mexico due to my inability to communicate in Spanish, obtain a legal work visa, or navigate the professional world in Mexico. Furthermore, in order to work in Mexico, there is a system of requirements and permits for most professions, none of which I would qualify for or be able to obtain. Non-professional jobs are not an option either as they are difficult to obtain, require knowledge of Spanish language, and do not tend to sponsor applicants for FM3 (?) visas. [Article from Mexperience]
C – Husband’s Inability to Work in Mexico: Having been raised in the United States, my husband is thoroughly Americanized and therefore not familiar with the country of Mexico. Having learned English from an early age, my husband’s Spanish skills are limited. Since Luis was never educated in Mexican schools; he never learned how to read or write in Spanish. Therefore although Luis can communicate fairly well verbally in Spanish, his ability to read or write the language is extremely limited, making it nearly impossible for him to obtain sufficient employment in Mexico. Furthermore, my husband’s lack of a Mexican education makes it impossible for him to qualify for the special permits and requirements needed for many professions, and _____. Although one would think that an American education and English language ability would be beneficial, the reality of Mexico’s job market is actually quite different. [Article]
With both my husband and I unemployable; we would be unable to procure safe housing, health care, transportation or education. We would both be essentially lost in a foreign country unable to navigate in society or take care of our own basic needs of food and shelter - an obvious extreme hardship to me.
Loss of Current & Future Education / Loss of Future Career
A - Current Education: I am currently enrolled in the final 2 classes needed before achieving my Associates degree in Business Administration from SCHOOL. I have worked very hard to obtain this degree, taking night classes while I worked during the day. If I were to relocate to Mexico my degree would not be of value because I would not be allowed to work, and because many jobs in Mexico require an education in Mexican schools (CITE). Since I do not have any special skills that are required to obtain a Mexican work visa, I would not be legally allowed to work while in Mexico.
B – Future Education: If I were to relocate to Mexico not only could I not use the degree which I have rightfully earned, but I would also not be able to continue my education there. Furthering my education in Mexico is not possible not only due to language barriers and monetary cost; but most importantly because Mexico can not offer me the degrees I wish to obtain. My educational and career goals are all centered on United States government, immigration law, and policy. I plan to transfer to UCLA (?) and obtain my Bachelors degree in Political Science. After I have completed my Bachelors degree, I plan to attend law school. I have already taken a LSAT prep course to prepare myself for the future process of applying to law school. [Record of class]
C – Career Goals: I wish to become an immigration lawyer who is knowledgeable not only in immigration law, but in the government of the United States so that I can work in advocacy, policy creation, and even lobbying. This country is very important to me, and the immigrant community holds a special place in my heart. I have long wished to make an impact on other’s lives and have always wanted a career in which I could help others. Going through this immigration process with my husband has shown me that the passion I have for immigrants, the love I have for this country, and the desire to help others can be combined into a career. I consider myself to be very politically active. I have already participated in several political activities including rallies, calling campaigns, letter writing campaigns, and a trip to Washington D.C. in which I was able to meet with congressmen and legislative officials and even give a speech on immigration reform. This trip ignited a spark and my plan to major in Political Science so that I could continue working in the fields of advocacy and political activism. Since meeting so many immigrants in my activism so far, I have heard many stories and seen some very sad cases. I have seen firsthand how many people are misled and misguided by immigration lawyers and notaries, and that many people will go through this waiver process without knowing they will need a waiver or hardship letter. I have a strong desire to help other immigrants and their families going through this process and to help inform the immigrant community of the laws they might not be aware of. I consider myself an ambitious person and I would be devastated if I were not able to continue my activism and pursue my career goals, which are extremely important to me. Obviously I could not earn degrees in U.S. immigration law and U.S. government from Mexico, nor could I practice U.S. immigration law or work towards U.S. policy change.
Family Ties & Special Circumstances
A - Family members heavily dependant on USC: I have also become extremely close to my husband’s parents and siblings. I resided with them for 3 years and they have truly become my family. His siblings Richard and Monzerrath are at the delicate and formative ages of 11 and 15 (respectively). They usually spend the weekends at our apartment and they stay with us each day after school. [Exhibit 5-A1] My husband’s parents do not get home from work until usually after 10 P.M. so the children spend most of their time with us and usually return to their apartment only to sleep and get ready for school the next day. Richard, who is 11, needs lots of extra help with his schoolwork and his parents are not able to help due to not only time constraints while they are working, but also because of language barriers. Every day my husband and I help Richard with his schoolwork and even interact with his teachers as needed. There are no school buses in GUSD so we often have to be at the school to pick Richard up from school. Monzerrath at 15 years of age is in the most difficult years of a child’s life and needs lots of emotional support. If my husband and I were not here I worry greatly what would happen to them. We attend all their school events, assist them with homework, provide them with many of their daily meals, and give them emotional support as they both deal with their pre-teen and teenage years. If I had to relocate to Mexico I would be constantly worrying about their well-being as they would have no other place to stay after school and they would have no help with schoolwork. [Exhibit 5-A1] It would devastate me to leave these 2 precious children who have become not only my family but like my own children.
I feel very responsible for both my family as well as my in-laws. My mom, dad and brother will need my physical and emotional help in the future as stated above and my in-laws depend on me emotionally and financially. My in-laws current apartment has no working electricity wiring except for a few electric sockets in the home, which they have to be careful not to overload. [Exhibit 5A-1] They often don’t have light except for a few dim lamps and they do not have air conditioning or heat. The apartment is drafty since the windows in the home are all cracked and even the wood around the glass is decaying and full of holes. The plumbing in the apartment is also faulty and the toilet must be flushed with a bucket of water. The apartment is infested with roaches no matter how many times the exterminators we have hired for them come. Even working a combined 3 jobs, they need our assistance to pay the rent and essential bills. [Exhibit 5A-2] The apartment is the only thing that they can afford, and they struggle to pay even the low rent. Their rent is $550 for 2-bedroom apartment, while the average for just a 1-bedroom apartment in Los Angeles County is __ [Exhibit 5A-3]. My mother-in-law’s diabetes has been worsening and she will soon not be able to work any longer. [Exhibit 5A-4]
My husband and I have always planned on purchasing a very large home or duplex when we relocate to Texas because both my in-laws and my own biological family need my assistance. If I had to relocate to Mexico I would feel that I was abandoning both of my families who need me. I place a VERY high sense of responsibility on myself to provide for and help them. I can not just run off and leave family members who are in such great need for help. I would feel extreme guilt each day if I was with my husband in Mexico and not able to help my family and my in-laws. I do not want to be forced to decide between my husband and my family.
Prior Incident with Police:
When my husband was still in high school he was charged with a misdemeanor of vandalism for writing on the bathroom stalls in his school. My husband sincerely regrets the incident and immediately realized how foolish his actions were. He was given community service and completed his hours promptly and willingly in full cooperation with the court. He knows that every action has a consequence and to respect all laws of the United States. He has been a responsible family man with no indication of any criminal behavior. Please consider that my husband has not had any other incidents with police and he has NO criminal record as an adult. I believe that both the hardships in this case and the fact that my husband did not enter the country of his own accord outweigh the minor juvenile offense, and make this case clearly approvable.
Conclusion:
In conclusion, if my husband were not allowed to return home, I would most definitely suffer extreme hardship. If I had to relocate to Mexico I would be losing my career and my education. I would not be able to maintain a healthy and self-supporting lifestyle in Mexico since I can not legally work and I do not speak the language or have the certifications. My husband has grown up in the United States with no memory of Mexico and would be unable to navigate Mexican society. We would be unable to procure housing, medical care, food, clothing or transportation. We would both be extremely lost in a foreign country with no friends, no family, and limited ability to speak the language or navigate the culture and society. We would feel alone, depressed, isolated, and extremely stressed due to leaving behind family members from both my family and my husband’s family who are dependant on me. I would almost certainly miss the end of my father’s life due to his unpredictable and fatal disorder. I would not be able to care for my disabled father and brother who need me. I would have the impossible choice of caring for my family and abandoning my husband, or staying with my husband and abandoning my family. Luis and I deeply apologize for his illegal entry to this country, although it was one he had no say in. We sincerely regret his continuing illegal presence and only wish to do the right thing. My husband and I strongly desire a chance to become productive members of society and to live out our dreams for our family. We have been law-abiding and hard-working members of the country we love and call home, and will continue to do so if only given a chance to start our lives anew in this country. We humbly thank you for your time and consideration.
Consulate General of the United States
Avenida Lopez Meteos 924 N.
Ciudad Juarez, Chihuahua, Mexico
Re: Case No. _____________
Applicant: XXXXXXXXXXXXXXXXXXXXX
Application for Waiver of Grounds of Excludability (I-601)
Claim of Extreme Hardship on the U.S. Citizen Spouse
Dear Sir/Madam:
I, XXXXXXXX, a U.S. citizen, in support of an I-601 Waiver of Grounds of Excludability filed on behalf of my husband, XXXXXXXXXX, submit this personal statement of extreme hardship. I am compelled by our spiritual & marital bond to reside with my husband wherever he should be. Therefore, should Luis be banned from the country, I would be forced to relocate with him to Mexico for the duration of his ban. Doing so would cause extreme hardships to me personally, a born citizen of the United States.
Background Information & Special Circumstances
I find it important for the reader to note that my husband was brought to the United States by his parents when he was only 3 years of age; obviously not of his own accord. My husband was raised here in the United States and has worked hard to become a productive member of American society. He has completely and totally assimilated since that time, attending public school, paying taxes, registering for Selective Service, and enrolling in college. Luis remained in this country after he turned 18 because he had already met and fallen in love with me, and he did not have even the slightest memory of his birth country - a foreign country to him. My husband sincerely considers the United States his home. Once we married, I petitioned for my husband because we wanted to properly comply with the immigration laws of this country. Should we be forced to relocate to Mexico it would be a foreign country to both of us. My husband has no culpability in his illegal entry into this country, and limited culpability in staying. I also think it important to note that my husband has no criminal record as an adult and has always been a responsible family man.
Major Health Problems in USC’s Immediate Family Requiring Extensive Care
A – USC’s Family’s Absolute Need for Future Care: Not only is my mother a caretaker for my mentally disabled brother, but she is also a caretaker for my physically disabled father. As detailed in section B, my father suffers from FALS, a fatal and genetic neurological disorder causing muscle atrophy and eventual paralysis. As detailed in section C, my brother has moderate level autism and requires complete daily assistance.
Being a caretaker for a disabled individual can be extremely draining and can be hard for one person to manage alone. Caring for one disabled person requires great dedication and can be very draining both physically and emotionally. Caring for TWO disabled persons is next to impossible for one person to do alone. My mother is currently the sole caregiver for the family and it’s clear that she will not be able to manage alone for much longer. She will need me to be there and step in when she can not handle it anymore. My mother is also aging and if she were to become ill also my family could not manage without myself and my husband as well.
My father’s condition is degenerative, meaning that the body progressively deteriorates over time. When diagnosed, my father was able to walk comfortably, with his only symptom being minor tremors in his hands. Since that time, walking has become extremely painful and increasingly difficult; and it is now impossible for him to walk even short distances without the aid of a cane. As my father’s health continues to deteriorate he will require increasing attention. He will become confined to a wheelchair and need assistance with hygiene, going to the restroom, and even ___. ALS is a fatal disorder and towards the end of the patient’s life, individuals with ALS will have difficulty breathing, become paralyzed, and become easily susceptible to diseases like pneumonia. [Cite] When sleeping an individual who is paralyzed must be turned and adjusted several times throughout the night, and can not be left alone.
My brother’s condition is a life-long condition, meaning it will never be cured or downgraded. He receives Social Security benefits and up until 2 years ago was enrolled in public special education programs. He will need living assistance for the entirety of his life. Caring for my brother has been a life-long, full-time job for my mother, who will now have to deal with the care of my father as well.
Furthermore; as ALS is a fatal disorder, when my father passes away my mother and brother will need considerable help both emotionally, financially, and physically. As my mother has not worked in over 20 years and has never been involved in the finances of the family; the responsibility to coordinate my father’s funeral, as well my brother’s trust fund and care would fall on me. My mother is also aging, with a family history and diagnosis of high cholesterol; she is at risk for heart disease. There is also a history of cancer in my mother’s immediate family – her own mother died at the very young age of __ of brain cancer and my mother’s twin sister is currently battling ovarian cancer.
If anything were to happen to my mother I would have to be available to immediately jump in and care for my father and brother. Even with my mother being available to care for them, she will no doubt need help as my father’s condition worsens. If my husband was required to stay in Mexico and I was to be living there with him, I would not be able to be there for my family. I would be given a choice of staying with my husband in Mexico and abandoning my family, or returning to help my family and abandoning my husband. Even if I were able to return to the United States to assist my family, I would not have the financial stability to continue to support them. My parents are approaching their 60s and it would absolutely devastate me if I was not able to care for them and spend time with them as they age and enter the final years of their lives.
B – Father’s Degenerative, Debilitating ALS Disorder: At the age of 43 my father David Osterhout was diagnosed with Familial Amyotrophic Lateral Sclerosis. According to the NINDS, “Amyotrophic lateral sclerosis (ALS), sometimes called Lou Gehrig's disease, is a rapidly progressive, invariably fatal neurological disease that attacks the nerve cells (neurons) responsible for controlling voluntary muscles ... Eventually the ability of the brain to start and control voluntary movement is lost. Individuals with ALS lose their strength and the ability to move their arms, legs, and body [Exhibit 1-A1]…” Familial ALS is a rare form of ALS, occurring in only 10% of all ALS cases. In the case of my family, 7 members have exhibited an ALS-type disorder, although some of them were initially diagnosed with various other motor-neuron disorders since little was known about FALS in that time period. My paternal grandfather, great-grandmother, great-aunt, and other family members were all diagnosed with the disease at varying ages in their lives, some as young as 34 [Exhibit 1-A2]. According to a leading specialist and researcher on familial ALS, who received and reviewed my family’s records, ____ [Exhibit 1-A3].
Within a few short years my father’s disease has progressed quickly. He is beginning to need the aid of the walker to walk around the house and will inevitably be permanently bound to a wheelchair. Most ALS patients eventually become either partially or fully paralyzed and all ALS patients will eventually need assistance breathing [Exhibit 1-A4]. According to the doctor who has treated him since his diagnosis in 1999, “David will need ______ [Exhibit 1-A5].”
As the disease progresses, my father will need constant care and it is inevitable that my parents will need my assistance in the immediate future. My mother, aging herself, is the sole caretaker for both my father and my brother, who is also disabled.
In an incident in February 2008, my father was attempting to do some yard work and left his cane in the backyard when moving to the front yard to throw away a bag of trash. Just in this short time he lost his balance and without having his cane to support himself he fell and broke his foot. He had to remain in a wheelchair for 8 weeks while the bone healed. [Exhibit 1-A6] Since that accident he has not regained his former state of mobility, as limited as it already was.
Upkeep of a property and house is not only expensive but physically demanding. Up until this time my father has handled all problems in the home such as pest control; yard work; plumbing repairs; maintaining storm windows; repairing storm damage; dealing with air conditioning & heating malfunctions; preparing attic & piping insulation in winter months, etc. As we can obviously see from my father’s accident, he was trying to handle these household tasks even though he could barely walk. My mom is not skilled at these kinds of repairs. So in addition to a need for caregiving, my parents will also need my husband around in the future to provide physical labor for home repairs and improvements when needed. Also, my parents will soon need to make extensive repairs and modifications to their home to ensure that it is fully equipped for wheelchairs – wider doorways, ramps, etc. As neither of my parents are able-bodied enough for major construction work, my husband will be needed at that time to install these new modifications.
Even more devastating, if I were forced to relocate to Mexico for 10 years I would most certainly miss the last years of my dad’s life. My father was diagnosed 10 years ago in 1999, which is considered a very long time for an ALS patient to live. According to research released by the ALS Association, “The life expectancy of an ALS patient averages about two to five years from the time of diagnosis ... About twenty percent of people with ALS live five years or more and up to ten percent will survive more than ten years and five percent will live 20 years.” [Exhibit 1-A7] As the research indicates, living more than 10 years past diagnosis is rare and living more than 20 years past diagnosis is extremely rare. Since 10 years have already passed since my father’s initial diagnosis, it is inevitable that my father will pass away within the next 10 years. If I were to be residing in Mexico during this time I would be losing precious time with my father and I would not be able to assist in his daily care towards the end of his life. Since plane tickets from Mexico City, Mexico to Houston, Texas average $___ round trip [Exhibit 1-A8]; while the average Mexican wages are only MX$209 – or 20 dollars - a day [Exhibit 1-A9] it would impossible for me to visit my father in the last years of his life. My dad and I have almost daily contact and he has been my support throughout my entire life. Not being able to care for him when he is suffering both physically and emotionally, and spend precious time with him before he passes would be extremely devastating to both of us.
C – Brother’s Mental Disability & Need for Care: Furthermore, my brother XXXXXXXX is autistic. Autism is ________________________. [Exhibit 1-b1] He requires extensive, daily care and assistance with everything from hygiene to meal preparation. __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ ________
I am named as the Primary Alternate (immediately after my parents) for my brother’s trust fund and I am the only family member available to assist in his care. In the event of one or both of my parent’s deaths, which are certainly coming as death is a natural part of life, I am the sole family member who can provide care for my brother. There are no other family members who have the time and resources to dedicate to a special needs person like my brother. I have no other siblings, and no one in my extended family has the resources to take on another disabled individual. My mom has 3 sisters, one of which has 3rd stage ovarian cancer, the other of which is bipolar and mentally unstable, and the third of which is a single parent also raising a daughter with autism. [Evidence of all of these things]
Aside from the fact that other family members are suffering with their own medical problems; my brother needs a very stable and familiar environment, and as mentioned in the psychiatric evaluation of my brother Kyle, “____________.” He absolutely refuses to communicate with others outside the home, even extended family members whom he is familiar with; and if he were not in the care of someone from his immediate family that could understand him, his mental and physical health would definitely decline. As a mentally disabled individual, he will have an extremely difficult time dealing with the inevitable loss of one or both of my parents, and would most definitely need special mental health care. Autistic individuals are lost within their own minds, and my parents and I have been the only individuals who have ever been able to break through even slightly into my brother’s world. Not being able to care for my father and brother would be devastating to me emotionally as would not being able to spend time with my father in his last years of life. My family has always been there for me and I absolutely must be there to take care of them as they struggle with their health issues.
Major Hereditary Health Risks in USC’s Immediate Family
A – Extreme Risk of FALS in USC’s Future: Research indicates that individuals who have one or more family members with ALS carry an extreme risk of being diagnosed themselves. (CITE) With nearly every single member of my extended paternal family suffering from this severe, hereditary condition; I am obviously at dramatic risk of diagnosis of this potentially devastating disorder. Furthermore, as demonstrated in my family’s records, a diagnosis can come at any age (CITE), even in one’s 20s or 30s. Unfortunately genetic testing is not enough to determine whether an individual will develop ALS. There is one method to test an individual such as myself which a large family history, but in only 2% of cases are the results conclusive. (CITE) Therefore it is impossible to know until diagnosis whether an individual is a carrier of the disease or not. Symptoms can begin to occur at any age, and _____. It is extremely likely I will eventually carry the diagnosis myself; it is just a matter of when. While ALS is not curable and currently not treatable (CITE), new clinical drug trials and research are being done in the United States in an attempt to slow down the progression of ALS. (CITE) Therefore, if a diagnosis were to befall me during the 10 years I would be living in Mexico, I would be losing out on the latest technologies and medical treatments available in the United States. Even if such treatments were to eventually become available in Mexico, I would not have access to the healthcare system to treat my condition, nor the money to pay the hospitals directly. The salary my husband would make in Mexico would leave nothing to pay for medical care, or insurance to cover it. Since I am not a Mexican citizen and I do not have any of the special skills necessary to qualify for a visa to work in Mexico, I will not have the ability to work and we would not have the means to pay for medical care. Failing to receive any future treatments for the disease would drastically shorten my life, not to mention the quality of my life. If the onslaught of ALS were to occur while living in Mexico, by the time I would re-enter and re-establish myself in the U.S. I would have lost valuable time to slow the progression of ALS. Also, once diagnosed, I would be uninsurable. This means that if diagnosed while not under any existing health insurance, I would not be able to get any new insurance coverage when I return to the U.S. (CITE)
B – Risk of Autism & Mental Health Disorders in Future Children: Although the exact cause of autism is debated, it has been determined that autism is definitely at least in part genetic. There are high instances of autism in siblings and in twins. My brother and my cousin both suffer from autism. __________________________________________________ __________________________________________________ __________________________________________________ ________________________________________ [CITE from government source]
Loss of Career & Inability to Work in Mexico
A – Current Career: I currently work for COMPANY as a Senior Data Operations Specialist, a specialized computer position in which I have worked since 2006. The skills that I have obtained at this job are specialized, but are only applicable within my company, or possibly within a very small industry of E-Commerce comparison shopping websites. There is no way these skills would be applicable in Mexico. If I had to relocate to Mexico with my husband, I would be losing out on the extensive special training and skills that I have received here and I would miss many future raises and promotions. [Letter from boss] Since 2006 I have received 2 promotions as well as 2 annual raises. [Evidence of pay raises & promotion] My position was very difficult to obtain, and leaving to Mexico would force me to walk away from a great professional career that I have worked hard to establish even at my young age and while still in school. In the United States I am able to continue my excellent professional career; whereas in Mexico ___. COMPANY has an excellent health, dental, and vision plan as well as a 401k retirement savings plan and many other valuable benefits. [Printout of COMPANY's benefits] If I had to relocate to Mexico, I would be losing not only professional opportunities for advancement, but also the excellent benefits that my company provides.
B - Inability to Work in Mexico: As a U.S. citizen, in order to procure legal employment in Mexico, I would have to get a work visa which has stringent requirements difficult for anyone to qualify for. In order to obtain a visa to work in Mexico, an applicant “must be sponsored by a company who must satisfy the authorities that you are essential to their operative requirements.” There are no suitable professional career options for me in Mexico due to my inability to communicate in Spanish, obtain a legal work visa, or navigate the professional world in Mexico. Furthermore, in order to work in Mexico, there is a system of requirements and permits for most professions, none of which I would qualify for or be able to obtain. Non-professional jobs are not an option either as they are difficult to obtain, require knowledge of Spanish language, and do not tend to sponsor applicants for FM3 (?) visas. [Article from Mexperience]
C – Husband’s Inability to Work in Mexico: Having been raised in the United States, my husband is thoroughly Americanized and therefore not familiar with the country of Mexico. Having learned English from an early age, my husband’s Spanish skills are limited. Since Luis was never educated in Mexican schools; he never learned how to read or write in Spanish. Therefore although Luis can communicate fairly well verbally in Spanish, his ability to read or write the language is extremely limited, making it nearly impossible for him to obtain sufficient employment in Mexico. Furthermore, my husband’s lack of a Mexican education makes it impossible for him to qualify for the special permits and requirements needed for many professions, and _____. Although one would think that an American education and English language ability would be beneficial, the reality of Mexico’s job market is actually quite different. [Article]
With both my husband and I unemployable; we would be unable to procure safe housing, health care, transportation or education. We would both be essentially lost in a foreign country unable to navigate in society or take care of our own basic needs of food and shelter - an obvious extreme hardship to me.
Loss of Current & Future Education / Loss of Future Career
A - Current Education: I am currently enrolled in the final 2 classes needed before achieving my Associates degree in Business Administration from SCHOOL. I have worked very hard to obtain this degree, taking night classes while I worked during the day. If I were to relocate to Mexico my degree would not be of value because I would not be allowed to work, and because many jobs in Mexico require an education in Mexican schools (CITE). Since I do not have any special skills that are required to obtain a Mexican work visa, I would not be legally allowed to work while in Mexico.
B – Future Education: If I were to relocate to Mexico not only could I not use the degree which I have rightfully earned, but I would also not be able to continue my education there. Furthering my education in Mexico is not possible not only due to language barriers and monetary cost; but most importantly because Mexico can not offer me the degrees I wish to obtain. My educational and career goals are all centered on United States government, immigration law, and policy. I plan to transfer to UCLA (?) and obtain my Bachelors degree in Political Science. After I have completed my Bachelors degree, I plan to attend law school. I have already taken a LSAT prep course to prepare myself for the future process of applying to law school. [Record of class]
C – Career Goals: I wish to become an immigration lawyer who is knowledgeable not only in immigration law, but in the government of the United States so that I can work in advocacy, policy creation, and even lobbying. This country is very important to me, and the immigrant community holds a special place in my heart. I have long wished to make an impact on other’s lives and have always wanted a career in which I could help others. Going through this immigration process with my husband has shown me that the passion I have for immigrants, the love I have for this country, and the desire to help others can be combined into a career. I consider myself to be very politically active. I have already participated in several political activities including rallies, calling campaigns, letter writing campaigns, and a trip to Washington D.C. in which I was able to meet with congressmen and legislative officials and even give a speech on immigration reform. This trip ignited a spark and my plan to major in Political Science so that I could continue working in the fields of advocacy and political activism. Since meeting so many immigrants in my activism so far, I have heard many stories and seen some very sad cases. I have seen firsthand how many people are misled and misguided by immigration lawyers and notaries, and that many people will go through this waiver process without knowing they will need a waiver or hardship letter. I have a strong desire to help other immigrants and their families going through this process and to help inform the immigrant community of the laws they might not be aware of. I consider myself an ambitious person and I would be devastated if I were not able to continue my activism and pursue my career goals, which are extremely important to me. Obviously I could not earn degrees in U.S. immigration law and U.S. government from Mexico, nor could I practice U.S. immigration law or work towards U.S. policy change.
Family Ties & Special Circumstances
A - Family members heavily dependant on USC: I have also become extremely close to my husband’s parents and siblings. I resided with them for 3 years and they have truly become my family. His siblings Richard and Monzerrath are at the delicate and formative ages of 11 and 15 (respectively). They usually spend the weekends at our apartment and they stay with us each day after school. [Exhibit 5-A1] My husband’s parents do not get home from work until usually after 10 P.M. so the children spend most of their time with us and usually return to their apartment only to sleep and get ready for school the next day. Richard, who is 11, needs lots of extra help with his schoolwork and his parents are not able to help due to not only time constraints while they are working, but also because of language barriers. Every day my husband and I help Richard with his schoolwork and even interact with his teachers as needed. There are no school buses in GUSD so we often have to be at the school to pick Richard up from school. Monzerrath at 15 years of age is in the most difficult years of a child’s life and needs lots of emotional support. If my husband and I were not here I worry greatly what would happen to them. We attend all their school events, assist them with homework, provide them with many of their daily meals, and give them emotional support as they both deal with their pre-teen and teenage years. If I had to relocate to Mexico I would be constantly worrying about their well-being as they would have no other place to stay after school and they would have no help with schoolwork. [Exhibit 5-A1] It would devastate me to leave these 2 precious children who have become not only my family but like my own children.
I feel very responsible for both my family as well as my in-laws. My mom, dad and brother will need my physical and emotional help in the future as stated above and my in-laws depend on me emotionally and financially. My in-laws current apartment has no working electricity wiring except for a few electric sockets in the home, which they have to be careful not to overload. [Exhibit 5A-1] They often don’t have light except for a few dim lamps and they do not have air conditioning or heat. The apartment is drafty since the windows in the home are all cracked and even the wood around the glass is decaying and full of holes. The plumbing in the apartment is also faulty and the toilet must be flushed with a bucket of water. The apartment is infested with roaches no matter how many times the exterminators we have hired for them come. Even working a combined 3 jobs, they need our assistance to pay the rent and essential bills. [Exhibit 5A-2] The apartment is the only thing that they can afford, and they struggle to pay even the low rent. Their rent is $550 for 2-bedroom apartment, while the average for just a 1-bedroom apartment in Los Angeles County is __ [Exhibit 5A-3]. My mother-in-law’s diabetes has been worsening and she will soon not be able to work any longer. [Exhibit 5A-4]
My husband and I have always planned on purchasing a very large home or duplex when we relocate to Texas because both my in-laws and my own biological family need my assistance. If I had to relocate to Mexico I would feel that I was abandoning both of my families who need me. I place a VERY high sense of responsibility on myself to provide for and help them. I can not just run off and leave family members who are in such great need for help. I would feel extreme guilt each day if I was with my husband in Mexico and not able to help my family and my in-laws. I do not want to be forced to decide between my husband and my family.
Prior Incident with Police:
When my husband was still in high school he was charged with a misdemeanor of vandalism for writing on the bathroom stalls in his school. My husband sincerely regrets the incident and immediately realized how foolish his actions were. He was given community service and completed his hours promptly and willingly in full cooperation with the court. He knows that every action has a consequence and to respect all laws of the United States. He has been a responsible family man with no indication of any criminal behavior. Please consider that my husband has not had any other incidents with police and he has NO criminal record as an adult. I believe that both the hardships in this case and the fact that my husband did not enter the country of his own accord outweigh the minor juvenile offense, and make this case clearly approvable.
Conclusion:
In conclusion, if my husband were not allowed to return home, I would most definitely suffer extreme hardship. If I had to relocate to Mexico I would be losing my career and my education. I would not be able to maintain a healthy and self-supporting lifestyle in Mexico since I can not legally work and I do not speak the language or have the certifications. My husband has grown up in the United States with no memory of Mexico and would be unable to navigate Mexican society. We would be unable to procure housing, medical care, food, clothing or transportation. We would both be extremely lost in a foreign country with no friends, no family, and limited ability to speak the language or navigate the culture and society. We would feel alone, depressed, isolated, and extremely stressed due to leaving behind family members from both my family and my husband’s family who are dependant on me. I would almost certainly miss the end of my father’s life due to his unpredictable and fatal disorder. I would not be able to care for my disabled father and brother who need me. I would have the impossible choice of caring for my family and abandoning my husband, or staying with my husband and abandoning my family. Luis and I deeply apologize for his illegal entry to this country, although it was one he had no say in. We sincerely regret his continuing illegal presence and only wish to do the right thing. My husband and I strongly desire a chance to become productive members of society and to live out our dreams for our family. We have been law-abiding and hard-working members of the country we love and call home, and will continue to do so if only given a chance to start our lives anew in this country. We humbly thank you for your time and consideration.