Examples of Denied Hardship Letters

[Ange]

This is from AJ. It was denied in Phoenix, AZ.

August 21, 2004

Form I-601 Waiver of Ground of Excluability
In Support of: Xxxxx Xxxxx Xxxxx, Canadian citizen
Submitted by: Xxxxx Xxxxx Xxxxx, U.S. citizen


To Whom It May Concern:

My name is Xxxxx Xxxxx and I am a United States citizen. My husband, Xxxxx Xxxxx Xxxxx, is a Canadian citizen. We were married in the United States five and a half years ago and have resided in the United States since that time. In October 2002, Xxxxx and I filed paperwork to the INS office in Phoenix, AZ for him to obtain permanent residency. Along with that paperwork, we also filed this wavier as we were uncertain if circumstances that my husband found himself in almost 15 years ago might make him inadmissable.

In June 1990, Xxxxx was returning to the United States from Canada to resume his studies at Brigham Young University in Provo, UT on an F-1 student visa. He had been attending Brigham Young on and off since 1984. While crossing the USA/Canada border, he was inspected by an immigration officer. In the course of the conversation, Xxxxx volunteered that his mother was living as a permanent resident in the United States and that she might file a petition in his behalf to enable him to become a permanent resident sometime in the future. The inspecting officer subsequently refused Xxxxx admission to the United States on the basis that he had announced his intent to immigrate into the United States sometime in the future. Xxxxx did not know that his statement was a declaration of intent to immigrate at that time and he was unsure when and if his mother was going to file a petition for him.

At that point Xxxxx did not know what to do as he was registered for classes at Brigham Young University that were going to start two days from this incident. He panicked. He decided to attempt to enter at a different border crossing in an effort to get to BYU for the first day of classes. At the second border crossing, the inspecting officer caught Xxxxx off guard when he asked Xxxxx if he had ever been refused admission to the United States. Xxxxx lied and stated that he had not been refused admission. The inspecting officer then told Xxxxx that he was lying, and that now he would need to return to Canada and await a hearing before an immigration judge. The officer informed him that the hearing would take place “in a week or two” and the he would be notified of the time and place of the hearing at his address in Canada.

Xxxxx subsequently returned to his residence in Canada to await the hearing. In addition, his family attorney at that time filed Form G-28 to notify the INS that he would be representing Xxxxx and must receive copies of any notifications or correspondence. Xxxxx never received any notification of any hearing, nor did his attorney. Xxxxx and his attorney made several phone calls attempting to ascertain the status of his pending hearing, but could get no answers from anyone. Finally, after a significant length of time waiting, he decided to attempt to re-enter the United States in January 1993 on a new student visa to again resume his studies at BYU. He was inspected by an immigration officer. He answered all questions honestly and without misrepresentation. The officer made no mention of the hearing or about the prior problems he had faced. Xxxxx figured that whatever had happened in 1990 was no longer an issue. He returned to BYU to continue his education, and has remained in status ever since. Since that time, Xxxxx has been in the United States on a student visa. He obtained his bachelor’s degree from BYU in 1996, returned to Canada and again re-entered the United States without any difficulty on a new student visa later in 1996 to pursue a Master’s degree in Nutrition at BYU. At no point in Xxxxx’s two entries in 1993 or 1996 did he lie or make any misrepresentation in any way regarding his previous problems.

I met my husband in 1997 and we were subsequently married in Utah in 1998. We prepared paperwork at that time for him to obtain permanent residency status (Form I-130 and Form I-485). We presented the paperwork to the INS office in Salt Lake City, UT to have it looked over to ensure that it was complete prior to submission. The paperwork was returned because the photographs were not large enough. However, while the immigration officer was looking over his paperwork, she entered his name in her computer, wrote down a number, and then left the room for about five minutes. When she returned, she looked at his paperwork to see when he had entered the U.S. When she saw that it was in 1996, she told him that she needed to ensure that it hadn’t been within one year of his exclusion since he had been excluded in 1990. This was the first time he became aware that he had been excluded.

At this point, we secured an immigration attorney in Salt Lake City who obtained copies of Xxxxx’s files with INS through the Freedom of Information Act. The files indicated that no notice of a hearing was sent to either Xxxxx or his attorney. However, the files indicated that a hearing was held in March 1992 in which Xxxxx was excluded in absentia. The files contained a record of the decision of the immigration judge at his hearing that Xxxxx was to be excluded for one year. The files indicated that notice of this decision was sent to Xxxxx’s old address in Toronto. He never received this record because he had moved. Xxxxx did not file a change of address with immigration as he was living in Canada and had no way of knowing how to do so. He did make several attempts at phone calls to try and change his address but was unable to do so. However he was not concerned as he was confident that his attorney would receive notification of any developments in Xxxxx’s case and would subsequently notify him as his attorney knew Xxxxx’s new address and phone number. However, no notifications, decisions, outcomes, or any type of correspondence whatsoever was ever received by Xxxxx’s attorney at any time.

We did not file Xxxxx’s petition at that time, as we were unsure of what to do regarding the exclusion decision. He was currently legal in the United States on a student visa. Since that time, my husband has completed a Master’s degree in nutrition at Brigham Young University. He then completed an additional Master’s degree and a Doctorate degree in Physical Therapy at the University of St. Augustine for Health Sciences in St. Augustine, FL. He completed his studies in December 2001 and we moved to Arizona in January 2002. He is currently licensed as a Physical Therapist in the state of Arizona.

My husband did not intend to do anything wrong. He was just trying to continue his full-time education at a University in the U.S. which he loved and offered him a great educational opportunity. He also chose to attend BYU because it is a church-sponsored school and his religion is very important to him. If this university had been located in Canada, he would have stayed in Canada and attended school there. When the previous described circumstances occurred, Xxxxx was returning to a school he had been attending on and off since 1984. He lied about being refused admission at the previous border crossing because he was in a panic and it was in the heat of the moment. He was young and immature at the time. Believe me, he is extremely sorry about this and has learned his lesson. This experience and the subsequent problems have been a major burden on my husband and our family for many years. We have had numerous sleepless nights trying to figure out how to deal with this situation. We have spent countless hours and thousands of dollars that we don’t have on attorneys to help us. If there were only some way to undo what happened.

My husband, in good faith, returned to Canada to await the hearing. After waiting an excessive amount of time without he or his attorney receiving any notice of any hearing or judgement, placing his education and his future on hold, he finally decided to attempt to reenter the U.S., which he did successfully without lying or misrepresentation. While he was in school, he maintained all of the conditions of his student status throughout his entire education.

I am requesting a waiver of any possible excludability of my husband. The circumstances of myself and family are such that any such exclusion would place extreme hardship on myself and my family.

As a Doctor of Physical Therapy, Xxxxx has secured a very good job with a very reputable physical therapy clinic in this area. He is making an annual salary of $x. He has also been offered a partnership in the same company. This, in and of itself, is a wonderful opportunity that will provide our family with a stable financial future. The United States Department of Labor also reports that there continues to be a significant shortage in Doctors of Physical Therapy in this country, and that shortage is expected to grow through at least 2012. He has worked hard in his profession and has been a great asset to this community. He is highly respected not only by his co-workers, collegegues, and patients, he has also earned the respect of numerous physicians in the area who trust the care of their patients to my husband. He is a member in good standing of both the American Physical Therapy Association and Arizona Physical Therapy Association.

Although we do have a stable future with Xxxxx’s current employment situation with good job security, we have accrued a great deal of debt related to educational pursuits. We currently have student loans in excess of $100,000.00. We have been required to begin paying those debts, which total almost $1,000.00 every month. He is also paying for health insurance for both myself and our daughter of $500.00 monthly. Our enormous student loan monthly payments along with other necessary living expenses such as our home mortgage which is almost

$x per month, car payments, and monthly bills require every penny of Xxxxx’s salary.

Here is a breakdown:
Xxxxx’s monthly take-home pay: $x

Student Loans -$x
Mortgage -$x
Utilities - $x
Food -$x
Auto Payments - $x
Church Donations -$x
Clothing, misc -$x

Total $x

This breakdown doesn’t include unexpected expenses such as our new baby in December 2003.
We had the wonderful opportunity of having our first baby in December 2003. My daughter and I are both relying on my husband’s income for our financial support.

I have done a lot of research regarding the job market for a physical therapist in Canada, and this is a very scary prospect for us if my husband is excluded. First of all, in order to obtain a physical therapist license in Canada, he would have to complete several time consuming and very costly steps. First of all, he would have to complete the Canadian Alliance of Physiotherapy Regulators’ credentialing process to determine if he is eligible to work as a physical therapist (or physiotherapist, as it is referred to in Canada). The cost of this process is $725.00. He would likely be required to take more courses and receive more hands-on training. Once his qualifications are complete, he would then need to apply and take additional time to study for the Physiotherapy Competency Exam. The cost of this exam is $1,775.00. He would also have to apply for a Physical Therapist Under Mentorship license. The includes a registration fee of $40.00 and annual dues. Once his registration is accepted, he would be able to practice under a mentor until he is able to obtain results of his exam. After successfully completing the exam, his application and documents will once again be reviewed and a certificate will be mailed to him allowing him to work independently. This entire process will take 6 months to 1 year depending on additional coursework required.

Not only is the initial process of becoming a licensed physical therapist in Canada a timely and costly process, his income would be substantially lower. The average starting salary is $x. According to Job Futures put out by the Government of Canada, he will most likely have a difficult time finding a job because above-average number of recent graduates/immigrants exceeds the number of job openings. He will also have to pay for malpractice insurance and continuing education as many companies do not offer to pay for these additional required expenses.

After 6 months to a year without income, my husband’s income will be one-half that of his current income. Combined this with a large amount of school debt on top of our monthly expenses (i.e. mortgage, car payments, monthly bills), we would clearly not be able to make ends meet. Our financial situation would be in greater distress as we would then face the costs of maintaining two households. I would lose our home, have to file for bankruptcy, and in the end, my daughter and I would end up on welfare.

There are several reasons why I cannot and am unwilling to relocate to Canada. First of all, I am able to be close to both my immediate and extended family here in Arizona. I have a single sister who lives very close to us. She has multiple medical problems including a seizure disorder which requires my adult supervision. No other immediate family members live close enough to provide this assistance.

We live close enough to other members of my immediate family that we are able to see them a few times each year. Xxxxx’s mother, is a citizen of the United States. Within the last year, she and Xxxxx’s step-father moved to Arizona to be closer to us and our new baby. Xxxxx is an only child and he has no father or brothers and sisters. Therefore, his mother is the only family ties on Xxxxx’s side of our family that we have. He has also lived in the United States consecutively for over eight years. I have also lived in the United States since I was born. Neither Xxxxx or I have any family or friends in Canada. We have no support system of any kind outside the United States.

This is especially important to me with regards to our daughter. Our daughter is close to all of her grandparents, aunts and uncles, and cousins. Our families would not be able to afford the time and the expense of traveling to Canada to see each other. My daughter would not be able to get to know her relatives and this is something that I feel very strongly about. She needs this support system of family and friends as much as I do. Therefore, I am unwilling to move her to Canada. Our daughter, xxxxxx, is only 8 months old. These next few years are going to be very critical developmental years for her. She needs a stable environment with a close support system of people who love her and care about her. She also desperately needs her father. If Xxxxx were excluded from the United States, he would be unable to be actively and daily involved in
xxxxxx’s upbringing.

Studies show that children in father-absent households have lower IQ, verbal, and performance scores than children in father-present households. Children in father-absent households were also more likely to experience emotional disorders and depression. Long-term effects on girls in father-absent homes include early marriage and early pregnancy, births while single, and increased likelihood of divorce. We are involved in a religion in which family is the core institution. Xxxxx and I have worked hard to provide a stable environment for our daughter that includes both a mother and a father. It is unfair to begin her life without her father.

We also chose to live in this area due to our religious beliefs. There is a strong community of people of our faith in this area which provide us with a great deal of support as well as socialization with others who have the same standards and morals as we do. We currently live in a community with many young families of our faith which will provide our daughter with friends of high standards and morals. Another of the major reasons we moved to this area is that there a temple of our church in this area providing us with the opportunity to more fully participate in our religious beliefs. Our religion is very important to us. We would be unable to fully practice and participate in our religious beliefs in Canada.

As part of our religious beliefs, Xxxxx has been given the Priesthood. The Priesthood enables Xxxxx to provide blessings to our family. For example, our daughter had a serious fall when she was 5 months old. We were so worried about her. Xxxxx was able to give her a Priesthood blessing that helped her recover and blessed her to be OK. He has also been able to use his Priesthood power to bless the life of my sister when she was faced with a very difficult personal challenge in her life. If Xxxxx were excluded from the United States, I would no longer be able to enjoy the blessings of having the Priesthood in my home. This would be a great hardship to me as the Priesthood is a source of strength, power, and blessings. It is a very important aspect of my religious beliefs.

Another reason I cannot relocate to Canada is that neither my daugter or myself would have access to healthcare in that country. If my daughter or myself ever needed medical treatment, we would be forced to pay cash - something that we don’t have. My daughter will require several well-baby visits to her physician over the next two years which includes receiving vaccinations. I am planning on getting pregnant and continuing our family within the next 6 months to a year. This would require not only labor and delivery care, but prenatal care as well. Xxxxx and I are not be eligible to have these services covered. We would therefore have to pay for these services ourselves which, with the current cost of healthcare, would be greatly expensive. As stated earlier, this would add to the financial distress that would be placed upon me if Xxxxx were to be excluded.

We are very involved members of our community. Xxxxx has voluntarily coached several Little League teams and is currently voluntarily serving on the Boy Scouts of America. I am also very involved several local community activities. This is something that I have not been able to do in past areas that I have lived in as I lacked the friends and associates who would be willing to participate. For instance, I am now actively and regularly involved in a weekly volleyball league and have participated in the league and played with this team for the past 2 years. I am also extensively involved in doing genealogy and have the opportunity of living by the second largest genealogy library in the world. This provides a great source of references and services that allow me to continue with this activity. However, I would not be able to participate in my local community activities, such as those stated above, if it weren’t for Xxxxx. He provides me with a great deal of emotional support. He cares for the baby which allows me to not only perform these extra activities but also helps to decrease the stress in my life.

I plead with you to forgive my husband for the mistakes he made when he was younger and allow him to stay in the United States. He is a good and honest man. We have worked very hard to establish a life that is stable and provides a good environment for our family. Please consider the extreme hardship that any action of deportation or exclusion would cause myself, our eight-month old daughter, my immediate family including my sister who is close to her brother-in-law and relies on him for help with many things, and my mother-in-law who is now a United States citizen. It would also cause hardship to our community to lose such a valuable asset, especially with regards to the service he provides as a Doctor of Physical Therapy and youth leader and mentor in the community. Thank you for your consideration of my situation.

Sincerely,



Xxxxx L. Xxxxx

[Ange]

This is from Butterfly. It was filed in Germany.


Date

Address


To Whom It May Concern:

I am writing this letter in regards to my wife’s, XX , application to enter the US.

I wanted to write this letter to explain the situation in my own words. I am 36 years old, and was never married before meeting (Name). For years I waited to meet the right person, and when I did, I was very excited to marry and raise a family. I have known (Name) for about 5 years—since we met, I felt that she is the one for me. I have been in love with (Name) for years and have waited for the moment we can get married and raise children. But, given the situation we are in, we have been married for almost 1 year, and yet are still unable to live like husband and wife, with children. I really love (name) and wish nothing more than having her with me in our own home. I work hard, I contribute to society, I pay taxes, and I would hope that my government would help me (not fight me!).

Meeting (Name) has brought happiness into my life. From the day we met, I felt that she was very special. We shared many great times together and I fell completely in love with her—how could I not, she is my perfect match. Through the last 5 years,(Name) has been very supportive and understanding. Given my commitment to my career and the stress I face on a daily basis, (Name) has been a great supporter. I have seen many downs in my career and always found (Name) by my side helping me get back on track to face the next challenge. I can’t imagine what I could have done without her support. I am fortunate to have her in my life. The last year, while (Name) was in Germany awaiting her visa, has been very hard on me. Every time I came home, I wished I had (Name) there by my side. I haven’t been able to sleep, I have been too depressed to see my friends, and I haven’t enjoyed my usual sports—squash and golf. Additionally, as the CEO of a small business, I face many challenges each day and the stress is overwhelming. Not having (Name) there to support me has been very hard. In fact, for the first time ever, I missed my commitment to the board of directors to deliver the company targets in 2004. How can I focus on my job when my wife is not home and we are nervous wondering what will happen and how the process will conclude? I struggled a lot last year and I continue to suffer from this long arduous process. I wish it would end soon.

I often thought about moving to Germany to be with (Name). But how could I? My parents rely on my help and financial support. My parents are now old and need my help. My father is diabetic and has a severe heart condition. They have little income and, as a result, I send them money as needed. Additionally, to ensure they are safe and comfortable, I bought them a house to live in, in (City). This is a token of my love, appreciation, and commitment to my parents. For years they raised me up to be a grown successful man—now they need my help, and I must be there for them. If I move to Germany, given that I would not have a job and would need money to support (Name) and myself, I would have to sell the house my parents live in and take the money to Germany. This would leave my parents stranded and would make me feel terrible that I abandoned my old parents when they needed me most.

Then there is my company—they heavily rely on my leadership, my customers and employees rely on my commitment and dedication, and my investors (who invested millions of dollars in my personal commitment to the company) and board of directors depend on me to make the company successful. If I were to relocate to Germany and abandon everyone, I would lose everyone’s trust. The CEO’s job is a very lonely one—everyone relies on you to deliver and if you don’t they hold you personally accountable. If I leave to go to Germany, my employees would never trust me again, my customers would never buy from any company I am involved with again, and my investors would never invest in any company I am involved with again. None of my board members or investors would provide me a positive reference to get another job, and none of my customers would provide me any positive reference. I would never get a job in Germany—I don’t speak German, and even if I did, I would still not get any reference from anyone involved with my current company. Basically, my future career would be ruined!
What can I do? I can’t move to Germany and I can’t live without (Name)! I am completely stuck. If I continue to live without (Name) with me, it will continue to negatively affect my job and I am likely to, once again, miss my company targets, which could lead to getting fired! The CEO job is very tough and requires complete focus and commitment—I don’t know how to do it while facing these monumental personal problems. Please help me and bring (Name) back to stand by my side while I work hard to meet everyone’s expectations. I don’t want to disappoint my family, my company, my customers, my employees, and my investors.

Finally, there is my religious believes—I am Muslim. One of the freedoms that I grew up with in the US, is freedom of religion. This is not the case in Germany. Over the last few years, many have equated terrorism with Muslims! This is clearly an absurd generalization. Just because a few extremists use the Muslim flag to further their personal gains, does not mean that all Muslims are terrorists. Germany has seen several recent incidents with attacks and discrimination against Muslims. If I were to move there, I would fear for my life and my religious freedom that I have enjoyed all my life, living at home.

I am totally stuck! I don’t know how to live safely with (Name) while staying committed to my family and job. Please help me with this dilemma. I really appreciate your understanding, time reading this letter, and consideration in this matter.

Sincerely,
Name

[Ange]

This is from jcesar. It was adjudicated in Lima, Peru.
Here´s my wife´s hardship letter, i had tried to translate as good as i could


To whom it may concern

I, Jennifer T and Jannise T are requesting the help of the BCIS, so my husband and father of Jannise is allow to come home with us, he is not with us because he had to go back to peru due to an EWI.
Whithout my husband`s help I have many difficulties and worries on raising a child alone.
For instance when my daugther gets sick and I have to go to the hospital I have to struggle to be understood, when my husband was with me he used to translate and assist me not only on this regard but in every other way.
I m having a hard time paying our debts.
Emotionally I have been feeling very depessed, if phone calls were free I will be calling 10 times a day even so I call a least once a day, because our family is divided I feel bad and I wouldn t know what to do if my husband is not allow to come.
I moved to Peruto try to make our lives there, but it didn´t work, first at all the style of life is very different, since I´m not peruvian a medical plan was very difficult to get for me and specially my daugther, quality of health care was very poor to the point of risky and costly.
Since the climate was very humid and polluted my daugther tended to get sick.
I m sure in the States there will be more opportunities for my family and me.
Please take careful consideration of my application, we just want to be reunited and be able to live our lives together with our love ones.

Attentively

J T

[Ange]

his is Hugopug2003 letter. She was originally denied through Lima, Peru.

However, after having worked with members of this forum to organize and strengthen her letter, she filed a motion to reconsider and was approved.

HARDSHIP TO THE U.S. CITIZEN (USC)

FAMILY TIES

Family History of USC

My grandparents XXX & XXio Xxxxx came to the US in 1917 from Italy were they met in San Francisco, California. After they got married they moved to Hollywood, California were they started their family. My father XX Xxxxx, my aunt XXX Xxxxx, my aunt XXXX and my aunt XXXXX were there 4 children. My grandfather XXio had to bare the great depression and take care of his family. During that time around 1927 he started a small cosmetic manufacturing business. He started the business out of his garage.
As the years unfolded my father and aunts all married and built their lives in the Los Angeles area. My father married my mother XXXX in 1967. I was born in Encino, California a year later as my parents only child. I also have a half Sister, XXX Xxxxx - from my mother’s previous marriage - who is 7 years older than me. After my parents were married, our family settled in West Los angeles, were I was raised.
My Aunt XXX Xxxxx married my uncle XXXX Xxxxx and raised three fine young boys; XXX Xxxx, Xxxxx, and Xxxxx. They soon settled in the Westwood area of Los Angeles, 1 block away from UCLA University. My aunt XXX became a real estate agent with XXXXI Douglas realty, while my Uncle Bob became a Personal Injury Attorney in the Los Angeles area. They have lived in the same home in Westwood for the past 30 years.
My aunt XXXX was married to Mr. XXX, with whom she had two children. My aunt divorced and remarried my uncle XXXX who passed away in 1990. My aunt XXXX was the head of the Italian department for 20 years at UCLA. She passed away from cancer in 1997. She was an amazing woman and had the ability to affect many lives. She made everyone she met feel like they were the only person that mattered. She took a big interest in my life and was a mXXXor influence on the person I have become. Her funeral was attended by more than 400 people, even though it was on a weekday - something I can only hope will happen at mine. She raised her two children, my cousin Peter Soli and Laura Capitani. XXXX became an Attorney and XXXXX became a travel agent and currently works for our cosmetic company.
My last aunt, xxxxx, married my Uncle xxxxx and settled in the Bel-Air area of Los Angeles, were she raised her two children, xxxx and xxxx. Like my aunt XXX, xxxa, who unfortunately passed away almost two years ago, too was a Real estate agent in the Los Angeles area. My cousin xxxxx married a gentlelman from Austria and has settled in the Beverly Hills area of Los Angeles. My cousin Eddie Placidi now lives in the Van Nuys area of the San Fernando Valley close to Los Angeles were he has a advertising business for the travel industry.
Every Easter, Thanksgiving, and Christmas my family used to gather at my grandparents house in Hollywood to celebrate the occasion, with over 15 family members and several close family friends coming to the gatherings. Over the years, my cousins have all had children of their own (except my cousin XXX who is currently working on it). The family gatherings have grown and swelled to over 30 plus per event.
We are a very close family and my Grandparents always stressed Family Unity as one of the most important things in life. Although they are no longer with us, there teachings and legacies carry on in every family event that we have.
My family is the most important aspect to my life and the reason I have mentioned it first in my declaration. My family has stayed together here in Los Angeles and we are integrally involved in each other’s lives. The family I have, cannot be replaced! I have grown up cherishing our family events and the great times that come with them. Just like my cousins, I to want to have children with my wife as soon as possible. It is very important to me that my children will be USC. My wife has lived away from her family for a long time and is used to being away from them. My entire family welcomed and embraced XXXXI into my close-nit Italian family. My family’s acceptance means the world to me and was one of the mXXXor influences for our marriage.
If I were unable to spend the holidays with my family, I would suffer great emotional duress. My wife has been in the states for the last 9+ years and finally found a family within my family. If she were unable to be with me here in the States during the holidays, her sadness and pain would cause my entire family and me much suffering and hardship. The hardship to me would be devastating to my state of my mind and cause me great mental anguish in my day-to-day life.
Several of my family members have written declarations of there own to attest to the extreme and unusual hardship that they are suffering as well. My cousins XXX and XXX have always been like the brothers I never had. XXX, being several years older than me, has been the voice of maturity and invaluable guide in mXXXor life decisions. XXX, on the other hand, is just two years older than me and we get a long famously. We are very close and get together at least twice a month for dinner and speak every week. My Aunt XXX and Uncle xxxx are very important in my life as well. They are my only remaining Aunt and Uncle still alive. Just before I left for Chile in June to get married in our civil ceremony, they had me over for a celebratory dinner with my family. They look forward to the religious wedding (contingent on visa approval) we are planning in Chile in October with great excitement. They have really embraced and welcomed XXXXI into our family unit.
I have only mentioned a few of my very special family members here, but I hope you can see that without my family, my life would be devastated. There continuous involvement in my life is so very necessary. I dream of the opportunity to have my wife come back to the USA so we can have children and be with my family. To have all the love and support with our children and there overwhelming influence in our lives.




USC FATHER

The effects of the event on my family are great. My father in particular is affected by this event on his mental and physical states. He is the man in my life that I look up to. He has taught me everything I know and has had the greatest influence on my life. My father is the man I hope to become; a man of character, morals, and family values. My father is 81 years old, but acts like a 60 year oldman. Six years ago he was diagnosed with Prostate Cancer and several doctors, holistic and general medicine, told him that he only had a few years to live. Two years ago, he finally told me about his cancer. He wanted to spear me the pain of his suffering. When I found out about his condition, the only thing I could do was try figuring out how I could help him survive. My dad is a strong willed man with a tremendous amount of pride. He does not ask for help in general.
When he found out the situation that XXXXI and I are in, he was very frustrated and upset. The last thing I want to do is disrupt the delicate balance of his life. He has a limited number of years remaining and I do not want to burden him with my troubles and take any pleasure or joy from his life.
As a man of 81, he knows that conventional medicine and therapy for prostate cancer will most likely result in his demise. Even if he survives treatment, he will be a shell of the man he currently is, something that he refuses to do. His opinion is that he wants to retain quality of life and will not allow the doctors to take that away from him. This kind of life example is why my father is so important to me. A man of this kind of understanding is vital for me as a young man, and if he were not in my life, I would regress as a man, a husband, and a human being.
To say that this event has hurt him in every possible way is an understatement. Emotionally with our relationship he has suffered; physically this event has caused him much grief and suffering; spiritually he can only hope that all turns out for the best. He currently is a man in turmoil that can only hope to put his mind, body, and soul to rest with a positive outcome.
My dad has been to a german clinic twice in the last 2 years for a non-invasive therapy to help cure or reduce the prostate cancer. He is completely opposed to invasive surgery that would include cutting out the prostate, radiation or chemotherapy. He has had his PSA levels checked constatntly over the past few years. The PSA levels is a measure of how much cancer and how far along it is. His readings have been anywhere between 40ng/mL – 78ng/mL. If PSA levels are between 4 and 10ng/mL, the chances of prostate cancer are between 20 to 50 percent. If PSA level is over 10ng/mL you have a 50-75 percent chance of prostate cancer and if PSA levels are over 20 ng/mL, there is a 90 percent chance of prostate cancer. http://www.fca.com/articles/UP164.html
Most Doctors would tell you that a man with this extremely high level of PSA has advanced Cancer of the Prostate. Once the cancer breaks the Prostate sack the Cancer can spread throughout the Limph Nodes and could kill him relatively quickly.
This event is putting tremendous stress, tension, anguish, and pressure on him and his cancer. I am greatly concerned that this event will cost him many years of his reaming life, which in turn, is causing me tremendous emotional and psychological hardship. Losing your father is never easy but, I cannot live with the thought of putting my father, the man I love, to an earlier grave. This situation is causing me great concern, and affects my overall mental condition, not to mention the emotional imbalance and potential harm to my overall physiological state. Due to my father’s health condition, I cannot move to Chile to live with my wife. I cannot put my father through the pain of having to spend the last few years of his life away from my future children, my wife, and me.

Community Ties

BIO OF USC

I grew up in the Santa Monica area of Los Angeles, California. I have always attended public schools in the above area and have built long lasting relationships in the community. I have worked hard my entire life and have made education a very important art of my life. I graduated with an Associate in Arts Degree from Santa Monica College and a Bachelor of Science Degree from San Diego State University. I passed the Security and Exchange Commission’s (SEC) Broker exam and the California Department of Real Estate (DRE) Broker’s exam. I worked for the brokerage firm xxxx for 6 years and currently I am a licensed Real Estate Broker in California.
I have been a part of the Santa Monica Community for over 25 years and have been a huge supporter in the community. My family business has employed many people in the community and currently does business with many companies as well. My Father and I always donate money to the American Red Cross and donate unused goods to the Salvation Army and Good Will agencies.
I currently play softball 2 nights a week at Memorial park in Santa Monica. I have a team that I manage and another that I only play on. I have built many strong relationships with my teammates. We always go out after the game to local restaurants and support the surrounding businesses.

Desire to Remain in my Home Country

I am very proud to be an American and feel that my Citizenship is something that I am very fortunate to have. I consider myself a red blooded American through and through My father and I always buy American made products in support of our own economy and U.S. workers. I have never had any desire to live anywhere else. I have always been a Patriot of this great Nation. I am active in Politics and a registered Republican. I can’t wait to have elections so I can exercise my right to vote.
I desire to continue living in the Los Angeles area of California with my wife and my family. I want to continue to give back to the community and country that I grew up in and hope that my children can do the same. My family and I have spent our entire lives giving to our great country thru education and hard work. I hope and pray that my wife will be granted a visa and we can continue furthering this great nation together.

LIFE LONG FRIENDSHIPS

Since growing up in Santa Monica my whole life I have built friendships that span 5, 10, 20 and even 25 years. These friendships have a dramatic influence on my life. These friends are such positive influences in my life that without them I would be a different person. As you can see six very important friends have also written declarations attesting to the extreme and unusual hardship that they and I have and are going though All these friends are hardworking, educated and professional USC. These are life long friends that I cannot just find anywhere. We share so much in common and I hope that one-day soon my children will be able to play with their children.
One of my best friend and ex roommate XXXXI XX has been a friend for close to 20 years. We were roommates for 4 years, were he met his wife XXXXI and I met XXXXI He always used to tell me that if I did not marry her I would be a fool. He was not the only friend or family member to tell me that. Obviously they have my best interest at heart. XXXXI has been a big influence in my life and as roommates we did everything together. When XXXXI and XXXXI got married I flew to Wisconsin (were XXXXI is from) to be in their wedding.
Now XXXXI has a home in Westchester with his wife and their 2 year-old-princess, Ashley Rose. She is awfully cute and I just love spending time with her when I go over to their house. XXXXI’s parents Mr. And Mrs. XX are also very special to me. They have always welcomed me into their home and allowed me to use the key to their private beach for surfing. They have been like parents to me in so many ways and took a special liking to XXXXI. They were very happy for me when we got married. The XX’s are a special family and the friendship I share with XXXXI is invaluable to me. I could never find another friend as good as XXXXI. The thought of not being able to live in the USA and talk with and see my best friend weekly would be horrific. XXXXI and I love sushi were we meet every week and catch up. This is a special event that I truly love and that cannot be duplicated.
Another close friend of mine is Art Peter and his wife Mia. I have known Art for almost 20 years as well. They have an adorable daughter as well, Carlie. Art has been so wonderful as a friend, always inviting me to his vacation home in Lake Arrowhead, or to his condo in Mammoth, Ca. This past 4th of July he invited me over to spend time with his parents at their house in Santa Monica. It was a special daybecause I was alone and lonley without my wife. Art is planning a trip for this upcoming Presidents day weekend in Mammoth and he is very sad that XXXXI cannot be there. He is hopeful though that next year she will be able to attend.
Art is a Commercial Real Estate agent who just started his own business over a year ago. I also have a Real Estate Brokers license and enjoy talking about the real estate market with Art. He and I are both looking to buy a home for our family’s and are looking for the market to soften some, so we can buy at a reasonable price. Art and his family have been such big supporters of XXXXI and me. They truly are crushed with our current situation and really want XXXXI back here in the US. Again, if I would be forced to move to Chile, I would lose the closeness and warm relationship that I have with the Peter family.
One of my most enjoyable friendships is with XX Fry. Although I have only known XX for 5 years, he is a friend for life. XX lives in my apartment building and I was introduced to him through my friend XXX who, had a moving company at the time and met XX as a client. XX and I hit off immediately. We usually have dinner twice a week and gossip and chit chat about everything. When XXXXI and I lived together, she would invite XX over at least once a week. XX is a great voice of reason; he always has a way of helping me see the other side of an issue. This is very important because sometimes I get very worked over an issue and he helps me see both sides and presents different solutions.
XX is certainly one of my most interesting friends. He is an environmentalist and loves the ocean, something that I enjoy as well being a surfer for over 18 years. We spent the Millennium New Year in Maui together were he taught me deep water diving. We stayed with a friend of his who he was working with on an environmental project dealing with the migration of Hump-back Whales.
He recently found a passion for flying airplanes and has taking me on several flights with him including a flight to our mutual friend XXXXI XXs bachelor party in Lake Tahoe. I have really been excited about the prospects of learning to fly and sharing this hobby with XX. I would lose a lot of my self if I were unable to continue being close friends with XX. I could not replace this special friendship.
XXXXI XX is another friend of over 20 years. XXXXI was just recently married in August to his wife Diane. This is truly a match made in heaven. XXXXI has been a terrific friend. XXXXI’s passion is sailing, something that I enjoy as well. He always has parties at his boat, were we go out for harbor cruises. He also has gathering for the Marina Del Rey Chirstmas boat parade and the 4th of July boat parade. Two events that are very special and fun. Both, XXXXI and Diane really like XXXXI and constantly ask about when she is coming back. Diane always mentions to me how she just loves XXXXI and how she looks forward to spending more time with her when she returns.
XXXXI Graduated from USC in Architecture and started his business almost 8 years ago. He has become successful in the Architect industry and has carved out a niche within his industry. Some of the fun that XXXXI and enjoy is the rivalry between UCLA and USC. Because my father graduated UCLA and my aunt Althea was head of the Italian department, I have always considered UCLA our family school. I would have gone to UCLA for my bachelor’s degree but they only offered Economics and not specific business degrees. Anyways, XXXXI being a USC graduate has always created a rivalry in sporting events that we really enjoy. It is not uncommon for us to sit watching basketball or football games together giving each other a hard time in jest.
My last and dearest friend, who is also writing a declaration on my behalf, is Steven Kamin. To say that Steve is a character is an understatement. He always makes me laugh, but at the same time challenges me to think and be a better person. He recently graduated from Southwestern Law School and is now studying for the California Bar Exam. Steve and I talk everyday and get together as often as possible. At his recent wedding in September of 2003 I was the first friend groomsmen after his brothers. I have known Steve for 12 years and our friendship grows each day that we are together. Steve is one of my closest and best friends and I would not be able to preserve this special bond if my wife were not granted a visa and I was forced to leave the US.
XXXXI xxxx, Art xxx, XX xxx, XXXXI xxx and XXX xxxx are all close friends. I could wrtie eternaly about my friendships and the importance of each one, but I am just presenting the most important ones.

How XXXXI and I Met and Our Story

In early December 2000 a few of my friends and I planned a trip for New Years. We first went to Lake Tahoe for a few days and then, my friends XXX, Linnea, Susie, and I met in Mammoth Lakes were we had rented a condo to go snowboarding and to celebrate New Years. Once we were in Mammoth two friends of Susie’s met up with us at the condo. They were XXXXI Flores and her Sister Paula Flores. I was immediately attracked to XXXXI, but was a little shy about asking her out. We all had so much fun for those 4 days in Mammoth and it capped one of the best weeks of my life. My friend XX Fry was dating Susie, XXXXI’s close friend. The next weekend after we returned they were going out and asked me if I wanted to join. At first I thought, no I don’t want to be the 3rd wheel, but they informed me that XXXXI was coming as well. Without hesitation I accepted and off we went. Little did I know that XXXXI had liked me too, and that the chance to spend time with her would change my life forever. When we met up with XXXXI, the attraction we had for each other was clear, and after that first night of being together we were inseparable. We spent the next several months together almost every night. After that, I felt the need to be with her permanently. Then I asked XXXXIto move in with me, which she gladly accepted. Something told me that this woman was the right one. I mean I had other girlfriends but never had I moved in so quickly and felt so sure about another person in my life. XXXXI really acclimated herself in my life and soon took on the roles of a traditional partner, cooking, cleaning, and taking care of me. Something that I never really had growing up. I finally found my life partner and was ready for the next chapter in my life to start.

MY WIFE, MY LIFE

When I fell in love with XXXXI, she was like any other girl in the states that I could have met. She had a job, a car, was going to college, and had a life. I did not know much about immigration and the potential consequences. As a US Citizen, I never thought that her legal status in the US could prove so challenging. In April of 2001, XXXXI filed for Labor Certification under section 245i(i) of INA with her Attorney Roger Gleckman, in an attempt to adjust her legal status in the US as part of her good faith effort to abide by the Laws of the this country.
The fact that XXXXI, my wife, has been in Chilefor so long has been extremely difficult for my family, friends, and me. I talk to my wife every day and we email each other constantly. The importance of having my wife in my life as much as possible is evidenced by going to Chile 4 times in the last year to be with her. Although I cannot continue with these trips, as this is only a temporary solution. The strain and difficulty to plan and coordinate the time away from my father and our business, is overwhelming. While the anxiety and excitement about going to be with my wife is always awesome, and the time I spend with her seems to be the only time I am truly happy, it is always temporary, as I have to leave her and come back to my life. At which point I am sad and depressed. These emotional ups and downs are very traumatic and difficult on my overall state of mind.
I am also very concerned about my wife’s state of mind. I feel that she is slipping into depression and that she too is riding an emotional roller coaster. The thought of my wife suffering is extremely difficult to internalize and process for me. This only adds another layer of stress, sadness, and mental anguish to my already overloaded plate. I am very concerned that at some point I will have a nervous breakdown or other mXXXor anxiety based trauma. At that point I will not be able to be the glue that holds everything in my life together and then my world will fall apart.


DESIRE TO HAVE A FAMILY

My whole life I have dreamed of having two children. This is something that my wife and I pray will happen as soon as possible. I have always enjoyed sports in my life and would be blessed to have a son to play baseball with and teach to surf and snowboard. Not to mention be able to play with all my friends children and grow up in the same community as I did. Another great desire is to have my children born in this great nation of ours and enjoy the same benefits that I did. If my wife is not allowed to come back to the US, that dream could not come true. How could I have children if they would have to live in another country with their mother, while I will only be with them a few times a year at best. What kind of father would or could I be. I would miss the most important years of a my children’s development, which is from birth to 5 years old. To add to this, my father, who is 81 years old, will not be able to enjoy the years he has left with his grandchildren. He does not have any grandchildren right now, how could I deprive him of having his grandchildren arround? I could also not deprive my children from having their mother arround either. So how could I have children under these circumstances? I cannot handle the thought of not being able to procreate. This would crush me, my wife and my family!


Our Family Business


My Father and I currently have a cosmetic manufacturing business in the Santa Monica area. This is a business that my grandfather XXo Xxxxx started in 1927. Currently I run the factory for my father in all aspects. One day this business will be mine and eventualy will be my children’s too. My duties and responsibilities include: all the purchasing, formulating of the cosmetics, operating and maintaining machinery, management of all employees, and running the general day- to-day business.
My fathers Cancer precludes him from physically working at the factory. He can only help in an advisory capacity. Without me to run the day-to-day operations, there is no one that my father can trust to come in and take over. This is a very important point, because my father has a difficult time trusting people. As he has aged this issue has become more prevalent in his life. He generally only hires family or friends that we have known for 10 years or longer. Ultimately, if I were not here in the United States to run the company for him, he would be forced to close or sell the business. This event would more than likely result in USC’s losing their jobs and the loss of business to the community and other US businesses. This is very important, because my father believes in paying people more than they are worth. It gives him piece of mind. All the employees we have would only be able to find jobs for 30% less than they are making now. These citizens would end up suffering financial hardship and emotional suffering
What I do at our company is very specialized; no outsider could just come in and take over the operations. At our company I am a one-arm-paper-hanger in that, I am responsible for all aspects of the company. I fix all our automated machinery; which includes a 4 head filling machine, a lobe pump, an automated capper, a side labeler, a mixing tank, a colloid mill, and a self-contained gas/electric kettle. All these machines require specialized knowledge and understanding to keep them maintained and operational. The company would have to hire someone specialized in just machinery to do this one facet of my job.
I have access and responsibility to formulate all our products. Having to trust someone to formulate our products would be very costly and risky. If they were to make a mistake it could cost us the business as we could be sued if harm comes to our consumers. Also, our formulas are our own and we cannot trust an outsider with them. The cost of a qualified chemist would be very high and my fathers trust issue would be a factor again. That is another position that I am currently responsible for as well
Another area that I handle is our office and computer operations. I have put together a network of computers and automated our whole billing, shipping and receiving process. This is a very specialized area of knowledge; our company would again have to hire a specialist just for this responsibility.
With the understanding of how much responsibility and how hard I work every day, our company could not stay in business if they had to hire 3 or 4 specialist to replace me. Further to this point is that this company is my future and my family’s future. I cannot find another opportunity like this in the United States or in Chile for that matter. If my wife were not allowed back to the USA, I would be forced to give up my legacy to be with her. The thought of this 3rd generation family business being sold to a non-family member or being closed for good would be devastating. I have spent most of my life building this business and the thought of losing it would crush my overall mental state of mind.

Future Earnings

The financial impact and loss of future earnings would be another devastating event for me to deal with. If I had to move to Chile to be with my wife I would lose all my future earnings from the company as well as inheriting it. My father is unable to physically or emotionally deal with all the day-to-day responsibility. He would be forced to sell it or let it go out of business. This would make him very unhappy and would be a tremendous strain on our relationship. I do not know if he would ever forgive me. Again I do not want to upset his delicate balance and risk taking any years off of his life. My father and I currently share in the profits of the company 50/50. No one in the US, or Chile for that matter, is going to offer me an opportunity like this. It is not that I just work for someone in a specific field and could just find a job somewhere else. What I do is specialized and specific to our company. How could I provide for my family in Chile?? Who will hire me in Chile?? I do not speak Spanish; this would make my life beyond difficult if I were forced to move there. It would take me years to adapt to their language and culture.
These events would have a mXXXor impact on how I feel and view myself as a man. I would have to abandon my father and our company to be with my wife. I have worked extremely hard to get to this point in my life and having to give it up would be demoralizing. The last thing I want is to lose my self-confidence and positive self image. I worry that I could fall into a deep depression that could have a dramatic and destructive effect on my families’ lives as well as on mine.

Why she went to Chile

XXXXI left for Chile on February 19th 2003 to visit her family in Chile. It had been a long time since she had seen them, and she was particularly concerned about her uncle who has cancer and her grandmother who is 83 years old. She felt that she needed to see them in case something happened to them while she was in the US. My wife and I were planning to get married sometime toward the end of 2003. We never imagined that if she left she would be bared from the US for 10 years.
Furthermore, we consulted her Attorney, Roger Gleckman, who was working on her Labor Certification. We were told by his paralegal Susan Steinberger that it would be ok for her to leave and that her Labor certification case would continue and that everything would be fine. We had no reason to question or doubt the paralegal and would soon find out that most of the information from her or the Attorney was incorrect. In fact, as I came down to Chile a month after XXXXI left, we got engaged and called Roger Gleckman from Chile, he was unavailable. We spoke with the same Paralegal who told us not to marry in Chile that week and to come back and file a K-1 Fiancée visa, which we did. As we realized how long that process would take, we finally spoke with Roger Gleckman. He told me to go back and get married and that he could get my wife back in two months with a new visa called a K-3. I went back at my next opportunity to Chile and we got married June 17th, at civil wedding. At that time XXXXI’s father suggested that we go to the consulate in Santiago and file our paper work directly. I spoke with Mr. Gleckman from Chile and he advised us to return and file the papers with him. He advised me not to go to the consulate. We found out months later that a direct consular filing would have only taken a few weeks, for an immigrant visa instead of at least 6 months for a K-3 non-immigrant visa. After I returned I meet with the Mr. Gleckman to file the paperwork. At that point I realized that he was unsure of the K-3 laws since it was a relatively new visa. He told me that he would call me in a week and let me know. After two weeks passed with no answer from him and after leaving several phone messages I finally realized something was wrong. I know that I needed to research and understand what was really going on. We trusted the attorney and his paralegal because they were the experts and had been doing this for 30 years. I thought that the reason to hire an Attorney is to represent you with your best interest on their minds. I did not think that I would need to know everything about our case and double check his work and decisions. It was not until I started to do research that we heard and realized for the first time, that my wife was subject to the 10-year bar/ban. If we had been given the correct advise in the beginning we would have gotten married in the US as she was grandfathered under section 245(i) of the INA. No one in their right mind would subject themselves to this event and any USC would expect their immigration Attorney to give them the correct advise when the consequences are so severe.
We finally filed our I-130 marriage documents and received a receipt. We then filed the K-3 visa and received a September 23rd, 2003 priority date. The consulate in Santiago has received the case and we are waiting for our interview date. We anticipate the need for this waiver and are a trying to be proactive to save time.
This whole case could have been avoided and we could have married in the US if onlyour US attorney and his paralegal would have given us proper and fair advise. In fact the attorney Roger Gleckman has offered to finish our case for free because of the mistakes by his paralegal. Our case cannot be fixed and our time lost together cannot be returned to us.

Cultural and language Barriers

If I have to move to Chile to be with my wife I would struggle to adapt to her culture. I have been to Chile 4 times in the past year and have found it very difficult to deal with the difference in culture. For instance, the Chilean culture eats there dinner at 10–11 p.m. at night. My whole life I have eaten dinner at 5-6 p.m. It is very difficult to go to bed with a full stomach. The food never agrees with me. I always end up with diarrhea and an upset stomach, and almost no sleep.
A more difficult reality is the fact that I do not speak Spanish. I have tried taking classes in college and even independently and I fail miserably. I can figure out any math problem you give me, but I cannot figure out foreign languages. When I am in Chile I constantly struggle with the simplest of communication tasks. It would take me years to adapt and learn the language. It would still be apparent to the Chileans that I was a foreigner and that would make me susceptible to being taken advantage of in countless ways.
Another problem with my lack of spanish, is the fact that aside from XXXXI’s close family, nobody else in her family speaks english. In the occations that I have been with her family, I have been alienated. They talk, laugh, and enjoy these gatherings, from which I cannot participate. They try including me in their conversations, but after a few minutes they give up. I cannot picture the idea of having to spend Holidays under these circumstances. I grew up loving the holidays as they would always be an enjoyable family reunion. If I have to live in Chile, I will have to spend my holidays with her family and completely alianated.

[Ange]

This is Denisa's hardship letter for CIMT, which was denied by USCIS Frankfurt.
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September 8, 2005


RE: Hardship letter/ I-601
Beneficiary : ....
File No. .....

To Whom It May Concern:

I, usc, in support of an I-601 application for my wife, alien, am writing this letter based on my hardships if forced to move to Romania. I would suffer severe hardship. My Psychological / Emotional Health, Children / Family responsibilities, and financial responsibilities would prevent me from living in Romania with my wife, alien. At the same time would feel compelled by powerful forces to complete my marital bond to do so.

INTRODUCTION
I meet my wife,alien, on the internet and we developed a relationship. In December of 2004 I visit her in Romania. Upon my departure in January, we had known that we were very much in love and wanted to spend the rest of our lives together. In May 2005, I returned and May ...2005 we were married.ALIEN and I have been in constant communication since we meet especially since our marriage. It will be impossible , both financially and emotionally, for me to continue this long distance relationship.

CHILDREN INVOLVED
I, usc, have two sons from a previous marriage. ......, born on .... and...... I have an incredible paternal bond with and .... and ... would suffer an extreme hardship if I was forced to move to Romania. My divorce papers show that I have shared parental responsibility and full parental rights and primary physical residence of the children with me , the father. (Exhibit A). My ex-wife will never agree to me moving my youngest son to Romania . The courts do not look favorably on parents moving the children thousands of miles away from home and family. It would be a long drawn out battle , both emotionally and financially. This severe hardship would put an enormous stain on me and my children, not to mention all other parties involved. I would be forced to leave my son’s behind. This would be an extreme unusual hardship on me.
1. My son , .....although is 18 years old now and does not live at home. He relies on me for direction and support in everyday life. He is in basic training with the .......



After basic and job training, he plans on attending college and serving in the .....
Reserves. I plan on supporting him financially and morally during his academic endeavors
2. My youngest son ....., age ..., is very dependant upon me to provide a home and financial support. We plan on him living with me while he finishes high school here in........
I am very proud of my sons. I am always there for them, It is very important to be able to continue to be. To be separated by living in Romania, and having very limited access to them, only by expensive international phone calls will be extreme hardship to me and them.

EMPLOYMENT:
My,USC, employment status is stable at the moment. I am employed full time with the same company for...years. I have a base yearly income of $.......with the opportunity for overtime. Through the company I have benefits that include; health insurance, life insurance, dental insurance, disability insurance ( short and long term) and 401 K retirement plan. In which I can add ALIEN once we unite here in the US. ( granted approval of I-601 ). If I am forced to move to Romania to be with my wife, ALIEN, I would suffer extreme economic hardship. I do not speak Romanian. With this huge language barrier I will experience extreme hardship in finding a job, and having quality health care to start a family there. The average monthly income is around $270 USD. (Exhibit b) . A move to Romania will cause damage to both my current and future standard of living compared to my social level that I have/ will obtain in the future.

FINANCIAL
My, USC financial status is encumber some, with an outstanding mortgage of $.....and credit card debt of...... (Exhibit C). If I was forced to move it would be impossible for me to cover the debt because of the language barrier, lack of employability and low wages in Romania. This will have adverse affects on my credit history and my reputation as an accountable, responsible citizen. Financial difficulties and the overall economic situation in Romania would affect the possibility of ALIEN and me starting a family. This would be an extreme hardship to me because I want to start a family with my wife. Due to these financial and economic issues, ALIEN and I would be forced to live with ALIEN's family, who live in a two bedroom apartment. Currently, including ALIEN there are 5 people living in this apartment. With the language barrier I have, will be very hard to communicate with ALIENs family. This would be a very severe change in living standards for me and would increase my level of hardship.
Additionally it would be nearly impossible for me to visit my family in the United States because plane tickets are between $950.00 and 3,800.00. (Exhibit D)




The high cost of International phone calls to stay in touch with family and friends it will be very difficult to communicate. Combined with the language barrier and prices for flights to visit or come home in time of “family needs�. I will be isolated and alienated from my family and will be an extreme hardship to me.

FAMILY TIES
I, USC, was born and have lived all my life in the United States. I have very strong ties and full support from my family. I frequently see them for family events such as birthdays, holidays, and daily gatherings. My mother, sister and nephews all live within 30 minutes of me. If I am forced to relocate I would have very limited, if any, contact with my family and I would almost never be united with my entire family, meaning that I would not be with my wife, my family and my son’s at the same time. I am very close with my nephews they are like sons to me. I cannot move to Romania because my family as I know it would be lost
I,USC, have a very close relationship with my mother. My mother, ...., has reached a state of decline, she has had a total knee replacement and needs the other knee done, and she also has arthritis, high blood pressure and diabetes. Her mobility is very limited. Most family outings that require a lot of walking she is forced to use a wheelchair. She only works part-time to cover her basic bills. I spend 4-5 hours a week doing “chores� for her, from yard work to household matinence. A good example of this, is the three “historic� hurricanes that hit the....area last year.(Exhibit E). The .... area had heavy damage. I was able to secure her home with plywood over windows and cleaned her property of storm debris after each storm and made minor roof repairs. My mother also stayed in my home due to power outages in her area for days at a time. Being part of experiencing a natural disaster like hurricanes, brings tight knit family’s even closer. She raised my sister and me as a single parent. She is not married and lives alone. When my mothers decline requires more assistance, I want to, I need to be one of those people who will offer a high level of assistance. If I am unable to respond to my mother’s need when that time comes, this would be an extreme hardship to me.


EMOTIONAL
The emotional hardship that I , USC, will endure if this waiver application is denied will be nothing short of devastating. The current stresses of the entire visa process, and this I-601 waiver has taxed me emotionally and physically .I am already suffering from sleepless nights, have high levels of anxiety, and my work performance has been hindered. If I had to live in Romania it would be an extremely difficult choice for me. I would suffer a lot of emotional turmoil.
Leaving behind my family and my job and country and my home would be a very difficult adjustment for me to make.


CITIZENSHIP
I, USC, am a proud patriotic American citizen of the United States, I support my country and I will always support it, and to imagine having to leave would destroy the pride I have in the United States and to even consider being forced to depart from here would only expoentiate the pain and suffering of the other hardships.


CONCLUSION
I, USC, and ALIEN have full plans on spending our lives together. This includes residency in the United States, a generation of children, a religion, and mutual support in life goals. This is a full and complete marriage with intense emotional, social, family, economic, and spiritual ties. It is imperative we do so in the United States.
It needs to emphasized that by issuing an approval of the I-130 the United States government has formally and legally recognized the validity of the marriage between us.
It documented that “family unity� is an important value underpinning the raison d’etre of the United States and that actions to “assure family unity� is part of the intent of u.s. immigration law (for example see Title 8, Chapter 12, Subchapter II, Part II, Section I, pp. 64 and 65). It is a function of United States law to provide legal definition and recognition to this marriage between ALIEN and me. In all marriages, there are multiple factors such as social, psychological, famial, economic and spiritual bonds, which are presumed by law to exist conjointly with the legal presence of marriage. Support for these complex, interacting marital bonds is a function of the United States
My,USC, moving to Romania would only cause a severe and extreme hardship for me, it would devastate me. If ALIEN is not admitted to the United States of America, I will be placed in an impossible dilemma. By moving to Romania it would put me, and other family member’s economic well being at risk. Romania is also economically depressed. Has poor health care (by U.S. standards) and cannot provide me with the employment opportunities necessary to fulfill my dreams and maintain my standard of living, and be unavailable to share with my family. This would set into motion emotional, social, and medical forces that could prove permanently damaging to my psychological and financial well being.
ALIEN is a family oriented woman with high moral and religious standards. She is extremely sorry for the crime on her record. She would like to mention that it was out of character for her, and she has never engaged in any other illegal activities. Repeating her mistake is not an option and will not happen. This was a one time offense, she has paid the price for it, and it will not happen again, she is truly remorseful for what
has happened, and has learned a valuable lesson from that. ALIEN is an upstanding citizen of Romania, and has excellent ethics, and will carry those values with him here to America.
I,USC, have lived an honest life as a U.S. citizen, having been born in the USA. I have worked very hard to meet all my obligations. I have always paid my taxes, performed my civic obligations, voted in elections, and obeyed the law. I am now asking my government to recognize my sincere contributions as a citizen and permit ALIEN as an immigrant so that our family can be made whole.ALIEN and I are prepared to spend the rest of our lives together supporting each other. I am employed, make a decent, honest living. I have a home, and have the ability to support her. So I am asking you please grant her the I-601 waiver.

Sincerely,
USC

[Ange]

These are blueblue's letters, denied in Athens.

I actually sent 2 HSL. The first one was submitted to Cyprus with evidence and the I-601 in Feb, 2005. The second was Express mailed directly to Athens DHS in Sep 2005 with more evidence.

This is the first HSL:

To Whom It May Concern:

I am submitting the following request for waiver based on the finding of ineligibility under Section 212(a)(2)(A)(i)(II) as stated in communication from the Cyprus embassy. However, we do not concede this finding and feel it is improper finding of ineligibility based on the ruling of the U.S. Federal Court 9th Circuit (under whose jurisdiction we live and which the incident occurred and was expunged) in Lugan-Amendariz v. INS which states that: “First convictions for simple drug possession may be expunged, and will not count as conviction for immigration purposes. See Lujan-Armendariz v. INS, 222 F.3d 728 (9th Cir. 2000);“

Notwithstanding the above, pursuant to our application for Waiver of Inadmissability in connection with our I-130 Petition for Spouse Immigrant Visa, we request approval of the waiver of inadmissibility so that we may achieve family unity based on the following extreme hardship to our daughter and me:

Background
Wife and Husband met through his brother in 1983. They married the first time in 1984 when they were 18 and 21 years old. They had a daughter, Daughter , in 1989. As they were young when they married, they lacked the resources and maturity to properly handle the differences and some of the every day problems of married life. They eventually divorced in 1996 but remained connected through the years as joint legal custodians of their daughter. They matured and in 2001 had worked through their problems and determined to remarry and reunite their family. As Husband was outside the US when they decided to remarry, their first step was to investigate options for his return. That led them to make an inquiry to the US embassy at Cairo, in addition to other research they undertook. They determined based on our research the most efficient route to reunite was to seek a Fiance visa. They filed a Fiance petition in July 2002 which was approved in February 2003. We had our interview at Cairo in June 2003, submitted fingerprints and underwent security clearance and name check. In July, 2003 the fingerprint results were returned to Cairo. In September, 2003 we received an email from Cairo saying that "due to several irregularities the Consular Officer decided to forward your visa case to the BCIS office in Athens for review and adjudication." Despite INA 212(b) and 9FAM 42.81 requiring the embassy to provide them with written notification of the “provision of law on which the refusal is based, the factual basis for the refusal, any missing documents, [..] and any relief available to overcome the refusal.� Husband and Wifewere never advised from the embassy the reason for the refusal, the law that applied or any remedy available despite repeated requests they sent to Cairo. It was only after contacting their Congressman, that they learned of Cairo’s assumption about their inquiry and resulting speculative decision that led to the return of their fiancé petition. Their inquiry at the embassy was allegedly used as a reason to deny their Fiance petition visa at Cairo. Numerous requests they sent to Cairo for information and to provide further evidence were ignored.

Subsequently, in October 2003 they filed for Immigrant Visa with Cyprus. Wife and Husband remarried in Cyprus in October 2004 after waiting nearly a year for another security clearance. Now they have received in January, 2005 a finding of inadmissibility as stated above.

The U.S. citizen spouse, Wife and U.S. citizen daughter, Daughter 15 years old, will suffer extreme hardship if Husband ’s visa is denied and in order to achieve family unity we would be required to move to Libya to live with the applicant.

Emotional

These last three years have been extremely stressful and a burden emotionally, psychologically and financially. Wife has been torn by the desire and need to be with my husband yet unable to move outside the U.S. because of the reasons detailed in this letter. This has resulted in feelings of depression and isolation and lack of focus. This state has had a direct impact on her ability to earn a living. See attached tax returns from 2001, 2002 and 20003 showing the 85% drop in her income from $xxx,000 in 2001 to less than $xx,000 in 2003 due to having been laid off and not being able to focus the necessary energy and effort into my new career to recover financially. The continued separation, feelings of wrongful handling in their case and continued worry and the constant, continued and prolonged distraction of her extensive efforts to remedy the situation have had significant impact on her ability to concentrate and focus on her job. This has directly impacted her ability to recover her earning potential. Wife and Husband remain determined and committed to reuniting their family and despite overwhelming injustice they have faced in this process including the hardship and stress of separation, they remain committed in their efforts to reunite in their home in California.

Education & Economic

Both Daughter and Wife have lived their entire lives in the United States. They have established their home here. Daughter is an 10th grade student attending XYZ High School. Wife is a marketing professional with extensive experience in the high tech industry and pursuing a career as a financial advisor with licenses from the State of X and NASD. They own a home and live in the school district where Daughter attends high school. Wife and Daughter would both suffer significantly in adjusting to the culture of Libya with a totalitarian government and incompatible education system. The United States is their home and both Daughter and Wife have lived here their whole life. They have a home and are very settled into the American way of life.

Daughter is an established student pursuing college preparatory courses in high school. She has an established network of friends and is now doing very well in her studies. In addition, she is an avid athlete participating in her school sports on the school teams this year for Basketball, Swim and Volleyball. She plans to continue her sports career with a goal of pursuing a college sports scholarship.

Daughter has suffered extreme hardship due to the separation from her father. It has affected her school work, her behavior and her emotions. Over time they have worked hard to recover her interest and motivations and she has been doing better since Husband and Wife have reunited and have the expectation of being together as a family. Copies of her school progress reports (item #2) are attached noting her struggles and achievements as her hopes and expectations of reunification began but then has met with extensive delays. Letters from her teacher and school counselor as well as friends and family supporting their application are attached. (item #3) Failure to complete their family unification could prove further devastating to her and it can be expected to have similar negative effects on her continued advancements in high school, an important scholastic and social development period in her life.

Neither Wife nor Daughter can read, write nor speak Arabic. Our native language is English. While Wife studied Arabic in college for a year, she has never excelled beyond understanding a few random words. Daughter did briefly attend Arabic classes (in first and second grade) but was only introduced to the alphabet. Moving to a country that operates in Arabic would pose extreme hardship for them. They would not be able to communicate without the assistance of an interpreter. In addition, Daughter 's schooling would be severely disrupted. She would not be able to continue on track with her school work and her college aspirations would be disheveled (See Matter of Kao May, 2001)

Wife would have difficulty in finding a job both due to her lack of Arabic language skills and the inapplicability of her skills in high tech marketing or financial planning based on U.S. securities and financial laws and markets. The inability to find employment would require us to rely only on the applicant for support in a country that hinders even its citizens from making a reliable living. Business and personal property laws have been continually shifting resulting in loss of property, loss of business or inhospitable business climate that has resulted in investment and business losses and ultimately inability to make a reliable living.

Family Ties

With the exception of the Husband 's brothers and sisters, neither Wife nor Daughter know anyone in Libya. In addition, with the exception of Husband , all of Wife’s family brothers, uncles, aunts, cousins, etc. lives in the United States. Daughter is the only grandchild of Wife’s parents and they are the only living grandparents for Daughter . For the last 15 years, they have visited during the winter months from their home in Illinois to live with Wife and Daughter in California. In addition, Wife’s mother suffers from Type I Diabetes and had suffered heart problems in the last year. Her father is in recovery from prostate cancer and is being treated for high blood pressure. As they advance in years, it is likely that one or both parents will require personal care in the near future. As their only daughter, Wife will be required to provide this care for them in her home. Living in Libya, our ability to travel would be severely limited due to the expense and distance precluding our ability to visit my parents and Daughter 's only grandparents who are now 77 and 80 years old. This would pose an extreme hardship to lose the love and relationship in their later years for both her parents and Daughter and Wife as well as leave them without the ability for Wife to care for them when needed.

Wife is currently providing a home for her eldest brother who is disabled and receiving social security disability. (item #4) After her parents were no longer able to oversee his care in 2004, he moved into her home and she is providing the assistance he needs to maintain independence. If Wife and Daughter were required to move to Libya to reunite their family, this would create an extreme hardship for Wife’s family in the U.S. by eliminating her as a caregiver for her brother.

Human Rights

Recent psychological studies have supported the hardships of single parent families and their affects on the children as well as the importance of fathers in the lives of their children.

More surprising, however, is the extent and duration of emotional damage suffered by these children. The California Children of Divorce Study has documented elevated levels of depression, underachievement, and difficulty maintaining stable love relationships into adulthood.

What all of this argues for is the importance of children having two resident parents. The mother-father-child household is humankind’s universal child-rearing institution. Marriage, which brings the two sexes together in a unique legal, social, economic and spiritual union, has had special protection within the law and culture because it is indispensable to civilized life. (Source: “The Unexpected Legacy of Divorce: A 25-year Landmark Study�)

From Arrieta v. INS, “preservation of family unity� may be a central factor in an extreme hardship determination. See Cerrillo-Perez v. INS, 809 F.2d 1419, 1423 (9th Cir. 1987). We based this determination not only on the United States’ international human rights commitments, but on “[t]he importance and centrality of the family in American life [which] is firmly established both in our traditions and in our jurisprudence.�

Without the current presence of a U.S. embassy in Libya, no normal consular services would be available to them. Human rights violations in Libya are well documented including violations against women. These violations include basic rights such as:
"Children under 18 whose fathers are Libyan must have the father's permission to depart Libya, even if the mother has been granted full custody by a Libyan court. Women in Libya are often subjected to strict family controls; on occasion, families of Libyan-American women visiting Libya have attempted to prevent them from leaving the country. Young single women are most likely to be vulnerable in these circumstances. Finally, a Libyan husband is permitted to take legal action to prevent his wife from leaving the country, regardless of her nationality. " (Source: U.S. State Dept. website)

While Wife doesn't expect her spouse to enlist these discriminatory legal positions in Libya, it would be an extreme hardship to live in such a country that so blatantly restricts basic human rights and subjects citizens and non-citizens alike to their injustice.

Pregnancy

Wife and her husband, Husband , have had and continue to desire to add to their family and have another child in the immediate future. However, they fear that, due to the present conditions, lack of resources, equipment and continuing education in Libyan hospitals, there are serious risks to both Wife’s own health and to that of any child born to Wife in Libya. As her first child was born via cesarean, it is expected that future births would require cesarean as well

Having been forced to wait to add to their family Wife is at a higher risk of complications at her age over 40. www.parenting.com states the following:

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

Babycenter.com describes the risks of birth over 40 to include: “developing certain complications during pregnancy such as gestational diabetes, preeclampsia, placental abruptions (where the placenta prematurely separates from the uterine wall), and placenta previa (where the placenta lies low in the uterus, partly or completely covering the cervix). What’s more, research shows that your chances of having a low birth-weight baby (less than 5 ½ pounds) or a premature delivery increase with age.�

Therefore, if Wife becomes pregnant, both she and her child will be exposed to numerous high risk factors which hospitals and doctors in Libya are ill-prepared to handle.

Husband and Father

Husband is not a threat to the safety, security or welfare of the United States. He has lived in the U.S. nearly all his adult life, 18 years from age sixteen (16) in 1982, attended high school on a student visa in the U.S and received a resident alien green card in 1985. He worked for many years as a Park Service Worker for the City of X. He has been a continuous legal permanent resident over 15 years in the United States, and lived in the U.S. continuously for approximately 18 years. He has never overstayed a visa or violated any immigration law. He is married to a U.S. citizen and is the father of a U.S. citizen daughter, born 1989.

In 1990, he received a single conviction for simple possession of marijuana of less than 30 grams. This event occurred nearly 15 years ago and he has rehabilitated himself. He paid the fine of $100 plus court fees of $135 and submitted proof of alcohol completion. The conviction has been expunged. (item #5)

In addition, Husband has not previously or since this single event nearly 15 years ago been convicted of violating any Federal or state law; he has pled to or been found guilty of the single offense of simple possession of a controlled substance; he has not previously been accorded first offender treatment under any law and he has completed the terms of the court by paying the $100 fine plus court fees and expunged the conviction.

Further, the US Court of Appeals for the 9th Circuit (including the state of California) held that the definition of "conviction" for immigration purposes does not apply to state court dispositions that vacate or expunge first-time simple drug possession pleas or findings of guilt (Lujan-Armendariz v. INS).

Husband is a beloved father to Daughter who is in the midst of her high school years. The guidance and involvement of her father during these important formative years will help to assure that she becomes a successful and productive citizen and adult. He is committed to supporting his family and contributing to the betterment of the community.

CONCLUSION

If Husband is not admitted to the United States Wife would be placed in the midst of an impossible dilemma. Because the marriage has occurred in its full sense, profound forces (recognized at least implicitly by the United States government) would move her to leave her home. Yet, if she moves to Libya, it would cause extreme hardship to her, to their daughter Daughter , to Wife’s parents and brother. Libya is also economically depressed, has poor health care (by U.S. standards) and cannot provide her with the employment opportunities necessary for her to maintain her standard of living. Furthermore, she would be unavailable to share with her family, especially in regard to the care of her brother and parents. Most of all, by moving to Libya, she would set in motion emotional, social and medical forces that could prove permanently damaging to her and Daughter ’s psychological, educational and financial well-being. She would be placed squarely between her marital bond, her child and her parents and other family members.

In closing, the applicant has met the burden of proof for eligibility of the waiver of inadmissibility that without it the applicant's U.S. citizen spouse and daughter would suffer extreme hardship beyond that which could normally be expected. We respectfully request that the waiver of inadmissibility be granted.

Sincerely,
Blueblue

Enclosures
Tax Returns 2000, 2001, 2002, 2003
Reports Cards for their daughter Daughter
Letters from daughter Daughter
Letter from Wife’s father, Husband s 2 brothers, school counselor and teacher, and family friend
Copy of brothers SSD statement
Copy of marriage certificate
Court and expungement records

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blueblue
Senior Member



Joined: 08 Feb 2005
Posts: 50

Posted: Fri Feb 17, 2006 5:02 am Post subject:

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

This is the 2nd HSL submitted by Express Mail directly to DHS Athens:

To Whom It May Concern:

I am submitting the following supplemental information in support of our request for waiver based on the finding of ineligibility under Section 212(a)(2)(A)(i)(II) as stated in communication from the Cyprus embassy.

We request expedited review and approval of the waiver of inadmissibility so that we may achieve family unity. This continued process has created an extreme condition that requires immediate action to prevent further destruction.

I am unable to function properly to maintain my family and have begun suffering from stress related debilitating headaches. I am the sole source of income and support for my family. I am suffering from extreme stress and depression that has affected my ability to work and earn an income. This has resulted in my family falling into poverty level. My 2004 annual income of $xxxx continues to go down from the previous year and is less than 10% of my previously normal income (2004 tax return attached). My fixed expenses remain approximately $xxxx per month. Our daughter is on government subsidized health insurance. The loans and savings on which we have been living because of our ongoing negative cash flow situation are about to run out. Without my husband here with us to help support the family and to help me to recover, we will be forced to sell our house because I will no longer be able to pay the mortgages. This will have a significant impact on our daughter, schooling both in the disruption in her academic progress and in the potential that we would have to move outside her school district within which we now live. This would also have a significant impact in the child’s sense of security having to give up her home and potentially her school in her Junior year of high school. It will force the family to lose our home as well as leave my disabled brother without a home as we will no longer have the resources to provide him a place to stay.

I have sought counseling to help deal with the stress and depression but this also adds additional expense to pay for counseling sessions ultimately adding to my stress as expenses continue to rise while my income is not. I have been diagnosed with Depressive Disorder and Severe Stress. (Evaluation report attached) Depression is a severe psychological disorder in which a persons normal functioning becomes impaired and the person is unable to escape from a fog of devastating sadness and negative thoughts. “A person who suffers from a depressive disorder... must represent a change from the person's normal mood. Social, occupational, educational or other important functioning must also be negatively impaired by the change in mood� (http://psychcentral.com/disorders/sx22.htm).

The consequences of developing a Full Major Depressive Disorder are extreme in nature and often include suicidal thoughts. Thoughts of this nature could result in hospitalization or even death. Though I do not endorse any statements reflecting active suicide intention, the combination of high levels of depression and anxiety is a clear danger signal. If I continue to be exposed to stress and tension, my levels of depression and anxiety may reach such a state in which suicidal thought may become activated. High levels of depression and anxiety, along with the lack of confidence in a better future can in fact activate suicidal thoughts. If Husband is not allowed prompt readmission into the United States, there is the potential that I would become overwhelmingly depressed and attempt to take my own life.

Our daughter was recently diagnosed with anemia and severe hypoglycemia. A blood test done to identify possible causes for low energy, irritability and leg pains revealed her iron level was at 9.7 and her sugar level at 34. A normal iron level for her age is over 11 and normal sugar level at non-fasting is over 75. A sugar level of 25 can result in coma or even death.

Hypoglycemia is diagnosed if the blood glucose levels are 55 mg/dL or less. In adults or children older than 10 years, hypoglycemia is uncommon except as a side effect of diabetes treatment, but it can result from other medications or diseases, hormone or enzyme deficiencies, or tumors. When blood sugar drops and hypoglycemia develops, most people will begin feeling weak, drowsy, excessively hungry, and dizzy. A person may feel confused or irritable. The person may appear pale, may tremble, or feel cold and clammy. A rapid heartbeat may also be felt. Repeated episodes of hypoglycemia are now thought to cause mild forms of brain damage that may be irreversible. Severe hypoglycemia can cause a coma or death.

She has been prescribed iron supplements. Diabetes has been ruled out and she is undergoing further testing and follow-up with her doctor including a full metabolic panel and hormone levels and review of possible eating disorders to identify the cause of her illness.

It is imperative that my husband’s visa be issued immediately to alleviate the suffering and extreme conditions including pending homelessness, illness, stress, depression and inability to function (in addition to the extreme hardships discussed in Wife’s letter of February 4, 2005) that we are experiencing.

We respectfully request that the Waiver of Inadmissibility be approved and the immigrant visa for Husband be issued expeditiously based on the high levels of extreme and emergent hardships suffered by US citizens (wife) and (daughter).

I, wife, hereby declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed on September 2005

Supplemental attachments: 2004 Federal Income Tax Return
Report from Dr. psychologist, PhD. (6 pages)
Report from Dr. pediatrician

[Jardinera]

Comments in BOLD courtesy of Atty Laurel Scott in response to Member bohorquez's HSL http://immigrate2us.net/forum/showthread.php?t=8952

I'm going to pick through it to give everyone an idea of my thought process as I read one of these. My comments are in bold.


"As I write this letter, it has now been exactly three years since my husband, Eduardo Bohorquez, complied with his deportation order. Ok, good to bring up the fact that he complied with the order and didn't abscond.I remembered my first hardship letter that I wrote prior to my husband’s actual departure and I never imagined all that would happen to my husband, our son and me. As I reflect on what the last three years has been for me, it’s been my utter sorrow. A little dramatic. Remember they read a lot of these and are jaded.

The day my husband left was pure agony for both of us. Our son was only two years old at the time and unaware of what was going on. We, on the other hand, dreaded our impending separation. Since I’ve known my husband, he has gone through all kinds of emotions. Still, it pains me to remember how he cried and clung to our son and me that day. I’ve never witnessed anything like it. When I took my husband to the airport, I was overwhelmed with emotion. I was petrified, stressed and terrified of my new responsibilities as head of the household. All my emotions came to the surface on that day.This sounds like "normal" hardship.

As a wife and working mother, so much is expected of you. Under normal circumstances, you are supposed to be Super Woman. I knew that when I got married I would need to take care of my husband and his needs, raise our children, take care of our house all while holding down a full-time job and helping our local church. I never expected that I would have to assume the role of my husband and become a father to our son. If the adjudicator is a single mother, she will not be impressed by the "single mother" argument. She will think, "I know its hard, but I do it." Remember, Warren is not the only one in CDJ adjudicating these things.

In January 2004, just two weeks after my husband returned to Mexico , I had to take our car in for service. When I arrived to pick up the car, I was informed that total cost to repair was over $600! I was shocked and mortified because I did not have the money to get our car out. My husband had just left and I was struggling to make ends meet on just my income. I was ashamed to tell the mechanic that I didn’t have the money to pay for his services. I then called my parents, in tears, to explain the situation. They came for me and kindly loaned me the money to get the car out. I was embarrassed because I’ve never had to borrow money from anyone.

As the year progressed, money was very tight. In December, I was thrown for a loop when the company I worked for informed the staff that they were closing its doors after the holidays and we should look for another job. I was distressed because I knew I would not have enough money to make ends meet through unemployment. As much I searched, I could not find a job for seven months. I contemplated getting Public Assistance and health insurance for our son, but I was afraid it would have reflected poorly on my husband’s immigration case. I couldn’t send my husband any money to help with his expenses in Mexico because I was struggling with our bills here. I didn’t want to borrow any money, but I knew I had no choice. I leaned on my parents, my mother-in-law and even brother-in-law for money. I never felt so humiliated then I did during that difficult time. I was grateful when I eventually found employment and began the slow process of paying back every loan. I thought the worst was behind me.If financial argument is going to work well for your case, then these types of stories will be good. But when you're arguing that you need your spouse's income to make ends meet, you are going to have to show that you yourself have a low income and you can't make ends meet, even when living frugally. Its not a good argument to say that if your husband doesn't come back you'll have to move out of your $500,000 house and into a $150,000 house. Not an extreme hardship. Be sure you're ready to supply the appropriate financial evidence.

In October 2006, I was informed that I should not expect my husband home before the end of 2007. My spirit was broken. I cried so much that no one, literally no one, could comfort me. I was very depressed about the circumstances in my life because I never expected this process to be so long.

I was angry because I selfishly thought of another year of carrying my husband’s duties to our family. While I recognized that I was suffering from depression, I refused to take any medication. By taking any medication it would have only offered me a temporary relief and not any kind of real solution to the problems at hand. Therefore I went to my Pastor at church for some much needed counseling and encouragement. My Pastor offered the words and prayers I so desperately needed. After several sessions with my Pastor, I began to realize that I was not the only suffering. My husband and our son also shared in my sorrow in some way or another. 99% of people want to make the depression argument. Unless it is extraordinary, and I mean truly extraordinary, its going to be considered "normal" hardship.

Our son, Aaron, is five years old as I write this letter. Prior to getting married, I remember reading a study that said the most important years of a child’s life is the first five years. Sadly, my husband has missed out on three. For three years, he was deprived of watching Aaron grow or participate in the raising of our son. Throughout these three years, Aaron has needed special attention that I had to bear on my own. I believe that due to my husband’s departure, our son has developed a speech delay. You're going to have to supply some pretty convincing evidence to show that a father's absence causes a speech delay. Don't throw in arguments that are difficult to believe. It will damage the credibility of your statements; not necessarily because they will think you are lying but because they may think you are exaggerating everything.

I recently attended a meeting for our son at his school to which seven women (two speech therapists, the school's case manager, social worker, psychologist, nurse and Aaron's teacher) informed me of all of our son’s “issues.” Which are?? I had to refrain myself from crying and despising the fact that my husband and I could not be together for such an important meeting. Now I’m told that apart from speech therapy, our son will need both occupational and physical therapy. For what? Speech? Anything else? I was told our son was not demonstrating spontaneous speech. Meaning he's not talking at all? What does this mean? But I have witnessed firsthand our son doing so when we went to Mexico to visit his father. As soon as I explained my situation about my husband to these women, it was seemed as though a new light shined over Aaron’s issues. The fact that Aaron is not able to relate to his father is hindering his development.I'm just finding hard to believe that a father's absence causes delayed development. Maybe if the child was severly depressed due to having developed a strong relationship, which was then taken away, but I've only been able to make that argument work in a very, very few number of cases, despite the number of cases I've had that involved children. Either be prepared to really, really prove this argument or don't even attempt this argument.

I thought that given Aaron’s age he would not notice the absence of his father until one day I realized Aaron knew something was wrong. One afternoon last summer, I came home from work and took Aaron to the park. As I was removing some items from the trunk of the car, Aaron began screaming, “Papi! Papi!” at the top of his lungs. I was startled because I didn’t know what was going on and why Aaron was yelling “Papi.” As I looked up, I saw a man who looked like my husband walking across the parking lot, wearing a baseball cap and carrying a soccer ball. Aaron was puzzled and asked where “Papi” was going and why wasn’t he coming with us. It broke my heart because through tears, I had to explain to Aaron that that man was not coming with us because he was not his father. My daughter used to think that any Middle Eastern man was "Daddy". I don't think it damaged her. Sounds like you were upset, though.

Apart from birthdays, school and church events my husband is just missing out on so much of Aaron’s life. I need my husband here to provide another set of hands with Aaron. Unfortunately, I have to lean on myself to be both mom and dad to Aaron.

Because I cannot afford pre-school and after-school care for Aaron, I depend on my parents to take care of Aaron, to take him to school and back and watch him in the evenings until I return from work. Between my parents’ diabetes, my father’s Parkinson’s disease and my mom’s surgeries, it’s becoming increasingly difficult for them to keep up this schedule. It’s also hard having to work full-time during the day and then come home to take care of Aaron and see to my parents’ needs. Whoa, whoa, whoa! You just kind of mention this stuff in passing. This should be half your waiver packet. Do you have adult sibling to help your parents? How advanced is your father's Parkinson's? What surgeries has your mother had? Will she need more in the future? How old are your parents? What are their limitation? What kind of help do they get from you? Did you husband ever used to provide them assistance?


I know at this moment I’m not able to participate fully in Aaron’s educational, emotional and physical needs. If my husband was here, I know that he would be a big help to all of us by helping Aaron with his homework, reading the books that Aaron brings home and/or taking Aaron out to play. Be very careful saying it would "help" to have the alien return. It gives the impression that the alien's return is a convenience, rather than a necessity. We need to be together to work as a team as all parents should. As we work together to help Aaron, we in turn can help each other by providing those necessary breaks. I’ve had to raise our son throughout these three years and I have barely managed to take care of myself and the rest of my family.

I have a new found respect for single mothers. They do it all the time; however I am not a single mother. I have a husband and our son has a father that should be here with us. Studies show that lack of a father in a household causes detrimental effect on children. That’s already evident in Aaron’s speech and emotional problems and I know this is what is causing him to act out.

To be honest, I’m completely exhausted. The entire immigration process has taken quite a toll on me. I’ve had to provide financial support and needs of two households.If you are going to say you have to support your spouse abroad, you need to explain why he can't get a job. He's an able-bodied adult. Is he not working at all? I work to provide food on the table for all three of us. Money is tight because I need to pay the bills, rent and any utilities for both homes and try to save money to go visit my husband. There were times when my husband and I reconsidered the thought of being together in Mexico . But I know I would not have a good job that allows me to provide for two households.Um, if you move to Mexico then there would be no reason to maintain two households any more. Our son would not receive the special care for his needs (some of which are not free all the time). What special care? What needs? He has "delayed speech". What does that mean? He needs "therapy". For what? We would not have proper medical care that we can rely on as we have here. Additionally, I would not be available to help care for my parents.You still haven't said what it is that you do for them.

People tell me all the time how strong I am. How they ‘couldn’t do it’ if they were in my shoes. Be careful. If the adjudicator is a single parent, she will NOT be impressed with these statements. I don’t know how I’m doing it either. I find myself keeping busy all the time because I don’t want to despair and lament about my situation. I certainly don’t want to people to throw me a pity party. Because the moment I give into desperation and pity and I won’t be able to pull my family forward.

I thank God everyday for all His done for us. He’s been my true rock throughout this entire process. I believe that if He wasn’t in our life we would not have made it this far.

I’m asking to please make our family whole again and allow my husband to come home.

Thank you for your time.

[SAD ANITA]

Here's My HSL... Please make suggestions .. let me know what to change , where did I go wrong ,, I have a kronic kidney disease.. and now with this denial .. have high blood pressure.. my doctor just put me on Medication on Friday .. and once again gave me Toprol because Im getting heart palpitations and anxiety once again....

April 1, 2009


I, XXXXXXXX, declare under the penalty of perjury, under the laws of the United States, that the following is true and correct:
I am submitting this affidavit in support of the I-601 Waiver of Grounds of Excludability for my husband XXXXXXXX case number XXXXXXXX and this personal statement of extreme and unusual hardship.

I along with my son XXXX would suffer extreme and severe hardships if my husband XXXXX is not admitted to the XXXXX. Our health, employment, educational opportunities, economic solvency, and familial ties prevent us from living in Mexico with my husband XXXXX. The strength of our marital bond and the parental bond of our son would be affected dramatically.

To deny XXXX a chance to have a life here in the United States with us would cause extreme hardships to me and our son for several reasons. We need xxxxx in so many ways: Physically, emotionally, financially, and spiritually.

xxxx came to this country at the age of 16 with his sister xxxxx. While still a minor, xxxx came to live in New York with his older sister xxxxxx[Exhibit 2 xxxx Letter]. While living in Brooklyn New York he was detained at a INS raid in 1992 but was release because he was a minor. After that XXXX decided to move to XXXXX with his sister XXX [Exhibit 3 XXXX Letter].

Our lives started when I met XXXXX back in 1998 through a cousin of mine and ever since then I knew we were meant for each other [Exhibit 4 XXXXX Letter]. We dated for about 11months and then we decided to move in together and start a family. Then on February 13 2001 when I was 7 months pregnant we decided to get married. XXXXX is my best friend and the love of my life.

Health
Both Isaac and I have health issues that would be negatively impacted to the point of being life threatening if we did not have immediate access to expert medical care.

XXXX was diagnosed with asthma since he was an infant [ Exhibit 5 Pediatricians Letter]. Asthma is a chronic disease of the airways that makes breathing difficult [Exhibit 6 What is Asthma Web Md]. He is required to be on Albuterol on a constant basis. Albuterol is a bronchodilator, a medicine that opens up your air passages and makes breathing easier. It is a medicine for patients with various lung problems such as asthma and chronic bronchitis. He is also taking Singular 5 mg and Prednisolone 15 mg on a daily basis for his asthma. Singulair works by blocking substances in the body called leukotrienes. Blocking leukotrienes improves asthma. Prednisolone is in a class of drugs called steroids. Prednisolone reduces swelling and decreases the body’s immune response. This medication is also used to treat many immune and allergic disorders and severe asthma which XXXX unfortunately has. XXXX uses an inhaler at school and uses his nebulizer at home as well.

Although his condition is currently monitor and under control by his physician, if we were forced to live to Mexico, where XXXX resides, it would surely be aggravated due to the heavy pollution there. According to a recent study Mexico City is the world's third largest urban area, that has some of the worst air quality anywhere, and is situated at low latitude. It is also located at high elevation (7,400 feet or about 2,255 meters), where the intense sunlight cooks up an acrid concoction of pollutants that is blown downwind into what is an otherwise only moderately polluted region [Exhibit 5 Air Pollution in Mexico City]. These conditions would most certainly cause his condition to worsen and could bring about potential fatal complications. To make matters worst these medications are highly expensive and if we were to live in Mexico there’s no way we would be able to afford them at all. While we were visiting XXXXX last summer in Mexico there was an incident where we had run out of XXXXX Albuterol. We tried getting this at a pharmacy but they didn’t have this medication at all. I was so scared for XXXXX health but thankfully my mom Fedexed the medication the next day. All of these medications have a lot of side effects which affect XXXXX from time to time. This is why XXXX needs to have follow-up appointments on a regular basis to make sure his health doesn’t deteriorate furthermore. In addition, ambulatory services in Mexico are not always available like here in the United states. If XXXXX suffers an asthma attack and was not able to be transported quickly to receive medical care, the consequences would be fatal.

XXXXX also suffers from hypertrophy of the tonsil with adenoids as well as cervical lymphadenitis [ Exhibit 7 XXX Medical records]. The most common problems occurring with the tonsils and adenoids are recurrent or chronic infections and significant enlargement (hypertrophy). Chronic enlargement and infection of the adenoids may lead to infection of the air passages around the nose (sinusitis) or nasal drainage/obstruction, and/or may affect the Eustachian tube of the ear, leading to chronic ear infections. XXXXXX was recently referred to an ear, nose and throat specialist (ENT) because he failed his hearing test at his physical visit. Cervical lymphadenitis is defined as enlarged, inflamed, and tender lymph nodes of the neck which XXXXX has [Exhibit 8 XXXXX Medical Records]. Dr. XXXX has prescribed XXXX antibiotics to see if there’s any improvement but has not been successful. This is why Dr. XXXXX has advised that XXXX should get his tonsils removed, but for financial reasons I cannot afford to get them removed at this time. Since XXXXXX removal I have been working harder and longer hours in order to sustain us and all of our bills. Currently my parents are unemployed and I’m the only one working in our home. I understand that XXXXXX health can worsen if he doesn’t have this surgery but I can’t afford to be out of work anymore. Dr. XXXXX told me that XXXXX would need to be on bed rest for a week after surgery, but I have no one to take care of him. XXXXX and I had come to an agreement that I would be off from work while XXXXX would be in recovery. Since XXXXX removal I Haven’t had the chance to make an appointment to see the specialist for XXX. Dr. XXX has advice me to maintain his current care with his office on a regular basis for follow up care. He has come to a conclusion that if we were to move to Mexico XXXX health would be compromised and in danger as well.

My Health
I have a chronic kidney disease called IgA Nephropathy, which typically presents with hematuria and may lead to chronic renal failure [Exhibit 9 Dr XXXX Letter]. Scientist don’t know what causes IgA deposits to form in the kidneys, but there’s a very high percentage of kidney failure [Exhibit 10 What is IgA Nephropathy]. I check my urine and blood regularly every 3 to 6 months as recommended by Dr XXXX. The major symptom is the passing of blood in the urine (hematuria). There may be associated pain in the loin area, which I experience on a daily basis. This is the main reason that I take Tramadol, which is a medicine for the management of moderate to moderately severe chronic pain. Some side effects include dizziness, drowsiness, headaches, nervousness, tremor and anxiety. Due to my constant kidney infections and pain I take Tramadol on a daily basis for the pain. Taking Tramadol helps me a lot but makes me very drowsy and makes it difficult for me to take care of XXXXX or even help him with homework. Now that XXXX is no longer with us, I have to cope with the pain and not take my medication in order to take care of XXXX. Kidney disease usually cannot be cured. When the kidneys are damaged, they cannot be repaired. In my situation it makes it more difficult because I was only born with one. My treatment mainly focuses on slowing the progression of my disease and preventing complications. Another complications with IgA nephropathy are high blood pressure as well as high cholesterol. High blood pressure, also called hypertension, is dangerous because it makes the heart work harder to pump blood to the body and it contributes to hardening of the arteries or atherosclerosis and the development of heart failure [Exhibit 11 What is high Blood Pressure]. Cholesterol is a waxy, fat-like substance that is found in all cells of the body. Too much cholesterol in the blood, or high blood cholesterol, can be serious. People with high blood cholesterol have a greater chance of getting heart disease[ Exhibit 12 Cholesterol Basics] . Although there is no cure for IgA, medicines such as prednisone and Omega 3 fatty acids may help treat this disease. I am currently taking Omacor which is known as “fish oil”. This medicine is not a cure but in research studies, fish oil supplements slowed the kidney damage in some patients. I was recently seen by Dr. XXXX and reviewed by labs results and notice an elevated ANA. This is a possibility sign of Lupus Nephritis [Exhibit 13 Dr.XXXX Consult 2/26/09]. Lupus nephritis is an inflammation of the kidney caused by systemic lupus erythematosus (SLE), a disease of the immune system. SLE causes harm to the skin, joints, kidneys, and brain. There is no treatment for Lupus Nephritis, medications can't cure lupus, but they can control symptoms and possibly prevent organ damage. This is one of the main reasons that I need my husband back. I need his support and his help. Although I have a normal kidney function at this time my renal function can deteriorate in the future. This is why I need to see Dr. XXXX on a regular basis to have blood work and follow-up visits. Last month I had a rising serum IgA level which could indicate progression on my disease. Moving to Mexico would be fatal to my health. My health problems need to be accustomed to diagnosing, treating, even preventing such conditions as well as many others. A move to Mexico would translate into us having to find new doctors, familiarizing them with our histories. I wouldn’t be able to afford my extensive office visits, medications, lab work, and ultrasound test that I normally get. Dr. XXXX has explained that even though there’s no cure for my kidney disease at this time with the advance technology here in the United States one day I might find one.

Psychological Stress
XXXX and I are currently experiencing a high level of psychological stress due to the separation of XXXX. This situation has led me to persisting kidney problems along with panic attacks, insomnia, depression, hair loss, and acne due to severe stress. Most of all I have been experiencing chest pain and palpitations which I’m being treated with Metropolol 25 mg twice a day [Exhibit 14 Dr. XXXX Letter]. I am also taking Ativan, which is a medication used to treat anxiety. Ever since XXXXX was deported I have been having problems going to sleep due to stress. Dr. XXXX prescribed Zolpidem (Ambien) which is used to treat sleep problems (insomnia). I am also taking Toprol to help me with the palpitations that I have been experiencing as well. Due to all this stress I am now loosing a lot of hair, weight, appetite, and developing acne symptoms I never had. My primary physician Dr. XXXX has told me that these are all common symptoms of stress and depression [Exhibit 15 Dr. XXXX Consult]. I can only assume that any vulnerability to potential illness would be further aggravated by the significant psychological hardship that we are already experiencing. Currently XXX is having trouble going to sleep, eating, and doing his homework. XXXXX tells me that he misses his father a lot and I don’t know what to say. Prior to his removal XXXX was in charge of XXXX extracurricular activities that included T-ball. Due to XXXX absence and my long work hours XXXX no longer plays. XXXXX is a very good father to our son and strongly believe if he’s not around XXX will have a hard time.

Health Insurance
I am very fortunate to have two health insurances. One is through my employer, XXXX and the other one from NJ Family Care Americhoice [Exhibit 16 Insurance Cards]. If XXXX doesn’t get approved and I am forced to move to Mexico I would lose my health coverage and my life would be in danger. With no insurance I am not going to be able to afford even basic medical care, and without regular medical attention my condition would be exacerbated. Here in the U.S., I am not only confident that I will have the expert care I will need and access to advanced medical facilities, but I also have excellent insurance through my employer which will cover my medical expenses.
XXXXX is also enrolled in the NJ Family Care insurance (Americhoice), which is a governmental insurance [Exhibit 17 XXXX Insurance Card]. This insurance is excellent and covers all of XXXXX medications as well as office visits. My son is very young and still requires many immunizations and visits to the doctor to make sure he is developing correctly. I know that Mexico does not have the same standards for immunizations as we do here in the U.S. If we are in Mexico we will not receive the same level of care we receive here in the United States. If we moved to Mexico we would not have these excellent insurance opportunities as well as the medical treatments that we need. Gabino is unlikely to be able to find a job in Mexico that provides an adequate income and we will be unable to afford medical treatments.


Family Ties In The United States
I was born and raised in the United States and my entire family lives here in the United States. I have absolutely no family in Mexico. XXX, XXX and I live with my parents and brothers for more than 6 years after our apartment burned down in 2001. I am the oldest of three children and the one they look up to. Like mentioned before I am currently the sole provider of my family. Both of my parents are currently unemployed and it has been very hard for them to find employment at this time. I am very close to both of my parents and my siblings. The relationship I share with my mom is so unique. She lends me not only the advice but also a fabulous friendship. My mom is illiterate therefore I always help her with whatever she needs including helping her with her medications. For the simple reason that she cannot read or write I have to make sure she takes her blood pressure medication. My dad is also very close to me. Even though my father has been in the United States half of his life, his English is not understandable. I always help him with the translations with all his paperwork. My brother XXXXX just finished his student course at XXXX University. He has a major in ??? . He has seen me suffer XXXXX absence and also helps me with Isaac in every way [Exhibit 18 XXXXX Letter]. I am the sister he looks up to whenever he needs help. My sister Liliana is a sophomore at XXXXX College. Her major is law enforcement. I always help with her homework and with her transportation on a regular basis. If I was to move to Mexico they would surely be affected by this. Should I move to Mexico I would not be able to afford plane tickets, averaging $500-900, to visit my family here in the U.S. Phone calls would be to expensive to make very often. Both of my parents are unemployed and I am the only one presently working at this time. Moving to Mexico if XXXXXX doesn’t get approved would financially affect my parents and brothers. Like I mentioned before my mom is illiterate therefore it’s going to be hard for her to find a job right away and can only count on my income. My father on the other hand is having a hard time finding a job as well because of lack of work here in the U.S. Not granting XXXXXX waiver would be devastating for me and my family. If he’s not admitted back in the United States I will never be united with my family and that would break my heart.

Medical-My Parents
My parents also have health issues which require continuous follow-up’s from their physician Dr. XXXXX. My father’s medical problems include allergies, sinusitis and gastritis [Exhibit 19XXXXXXX Medical Letter]. He is currently taking Claritin and Prevacid for these conditions. My mom has been diagnosed with environmental allergies as well as hypertension [Exhibit 19 XXXXXX Medical letter]. High blood pressure is called a "silent killer,'' because it doesn't usually cause symptoms while it is causing this damage [Exhibit 20 What is High blood Pressure]. She is currently on Claritin for her allergies and Lisinopril for her blood pressure. I am the one who normally monitors her blood pressure. I check her blood pressure twice a day to make sure it’s under control. If I were to move to Mexico my mom’s health could deteriorate. My mom also has had a gynecological surgery due to uterine fibroids [Exhibit 21 Uterine Fibroids Yahoo Health]. Uterine fibroids are lumps that grow on your uterus. Although these were benign her gynecologist Dr. XXXXX recommended her to have them removed [Exhibit 22 Mom’s medical Records]. Having uterine fibroids causes major stress along with all these physical symptoms Growth in the size of fibroid tumors is also seen during times of stress. This entire immigration issue has made my mom’s health deteriorate even worst than ever. I take both of them for their regular office visits and get their medication for them. I schedule their appointments and take them wherever they need to go for further testing. Not approving XXXX waiver would force me to move to Mexico a place that neither XXXX or me want to be. My parents would be highly affected by this. There is no way I would be able to move to Mexico knowing that my parents depend on me for their health as well.

Education
In the United States, I have the opportunity to return to school to expand my education. My desire is to go to nursing school so that I may have the opportunity to enhance my career. I would not have this opportunity in Mexico. My career passion as a XXXXXX is assisting patients with their medical needs as well as the doctors. Further education in this field would be a benefit for me immensely. I attended XXXXXX and I am a Certified Medical Assistant at this time [Exhibit 23 XXXXX Certificate]. I love my job but nothing would make me happier to go back to school and become a Register Nurse. Moving to Mexico would not help me in my education. XXXX is currently in second grade and attends Washington School #X [Exhibit 24 Mr Lobelo‘s Letter]. XXXX has already entered the school system in the United States and moving him would be a traumatic cultural change for him. He truly loves his teacher and his friends. I have developed a close relationship with XXXX teacher Mrs.XXXX. She has expressed some concerns regarding XXXXXX inability to focus and listen in class [Exhibit 25 Mrs. XXXX Letter]. She expressed this concern to me early in the school year and we have been working on it since. Another issue to arise if we were to move would be that XXXX speaks both English and Spanish, but 90 percent of the time speaks English. There are certain words that he doesn’t understand Spanish and being that he is in a monolingual class he doesn’t know how to read or write Spanish. If we were force to move to Mexico it would be impossible for him to adjust in school and would truly miss on the U.S school system. I believe that XXXX education would be dramatically affected if we were to move to Mexico. I truly believe that XXXX would have a better education here in the U.S.

Friends/Community Ties
All of my relatives and friends live in the United States. I do not have a relationship with any relatives in Mexico, since all of my relatives and friends live in the United States. There’s a lot of people here who care about me and have known me for many years. I have established myself in the community, and volunteer in a nonprofit organization called O.M.A.U. which stand for XX XX XXX Unidos de XXXXX along with XXX husband [Exhibit 26 XXX Letter]. This has allowed me to create a wonderful circle of friends that are more than just friends, but family as well. It would be very hard to move to Mexico, where I do not know anyone. I have a lot of close friends here that care for me and my family and have known me all my life . My friends have noticed the stress I am going through and have tried to be there for me [Exhibit 27 XXXX XXXXX Letters]. I would surely miss them if I was to move to Mexico. Our family is an active member of the XXXX Church. We are close to the members and to father XXXX[Exhibit 28 XXXX Letter]. We would love to continue this relationship and grow even closer to God.

Concern for Safety
I along with XXXX will face significant, potentially life threatening risks to our personal safety if we move to Mexico to be with XXXX. This would be a danger due to crimes involving tourist such as robberies and kidnappings. In Mexico I don’t have any transportation therefore I would be force to travel by metro and taxi. Taking a taxi in Mexico City is extremely dangerous as some tourists have been beaten, shot and sexually assaulted. It’s also been reported that some Mexican law enforcement officials are corrupt and have been known to harass and mistreat Americans and sometimes bribe them.
On my previous visit to Mexico my husband and his family members kept their eyes on me at all times. As difficult as it was for my husband and his family to keep me safe during my visit, If I were forced to live in Mexico permanently the stress will have an immeasurable impact on our lives because I will live in constant fear for my safety. XXXXX parents live in Puebla, Mexico. They live in a house that has not been finished. It has no doors and only screens for windows. It has no potable water and no hot water. Drinking water needs to be bought and carried in. They have no beds, tables, or a stove. They cook on a gas grill whey then have gas and if not they use wood. They have no phone or an automobile. They have no fence and live in a tropical/jungle area. There are a variety of insects, snakes and animals that are present. While we were visiting XXXX, back in October of 2007 I got bit by a scorpion and XXXX was bitten by a lot of mosquitoes. The closest doctor is like one hour away from the village. This was the time I had to wait in order to get treated for the scorpion bite. There is no pediatrician in his musicality. These are the conditions my son and I would be living in and would truly endanger our lives.

Financial Hardship/Employment
I am currently employed as a Certified Medical Assistant at XXXXXX, clinic here in XXXX [Exhibit 29 Employment Letter]. I earn about $XXXX a month, which is barely enough to maintain a household, which is what I have done since XXXX removal in September of 2007. I have a finance car payment, insurance, rent, credit car debts, babysitter, gas/electricity and food that must be paid on a monthly basis[ Exhibit 30 Copy of Bills]. I also have a student loan from XXXXX that I am trying to pay off [ Exhibit 31 XXX Loan Report]. While XXX was here we were able to maintain a positive balance in our bank account and live comfortably. My son XXXX constantly asks to see XXXX but due to all the bills and the lack of money I cannot afford to take my son to Mexico. My bank account has dramatically decreased from May to now and a trip to Mexico would be out of the question. If I were o move to Mexico there in no way I would be able to pay off my debts and my school loan and my credit would be ruined. I am a person who genuinely helps stimulate the economy. I have debts and financial responsibilities in the United States. Without my employment in the U.S I would be unable to repay these bills and loans. If I was force to move to Mexico I would also loose my retirement plan savings from my employer [Exhibit 32 XXXXXX Group Retirement Plan]. Not only would I loose my retirement plan but I would also loose my 14 credits earned for my retirement from social security services [Exhibit 32 Social Security Statement. This means that if I do not work in the U.S and therefore do not contribute to social security services, the payment they give me later in life will be less. This will endanger my future ability to retire with reasonable financial security. However, with my husband in the U.S, he will be gainfully employed and our combined income would allow us to quickly pay our debts, and start a life together. Also if we were to relocate it would be extremely hard for me to find a job as a medical assistant in Mexico because of lack of employment. The language barrier would also be a problem for me to get a job in Mexico. Everything that I have learned is in English. I learned and performed everything according to the way I was taught in school. Different countries have different kind of instructions and preparations in the medical field. Moving to Mexico would mean learning and going to school all over again and that would be impossible due to the lack of work in Mexico.

XXX has a secure position upon his return with XXXXX [Exhibit 33 XXX Employer Letter]. Jobs have been postponed and or cancelled due to XXXX absence. This has cause a hardship to the company everyday, as they wait for XXXX return. It is imperative that he be allowed to return to the U.S not only for my self and my family but for this company as well.

Emotional
The loss of my husband is emotionally rough for me. I have play the role of mother and father and try to work extra hours to support my family. This has been very difficult to hide from my son XXXX. I don’t know what to say every time he catches me in tears. I do not feel as I should harp on my emotional hardships, but my emotional hardship could directly affect my son’s emotional health. Therefore, I believe that my emotional condition and state of mind is relevant to this waiver. This will turn simple emotional turmoil into life devastating changes that I am not sure how I will handle. Everyday I have to come home and take the role of father and mother for XXX. My biggest fear is that one day the stress is going to take over my life and I won’t be able to take care of XXXX. Please bring XXXX back into our lives. XXXX and I desperately need him!


Summary
I know hundreds of letters are received on a daily basis, but I respectfully ask you to consider our case. I along with XXXX have medical conditions that just don’t allow us the option of relocating to Mexico. These medical conditions are currently very stressful and would certainly present an extreme hardship for us if we were to relocate to Mexico. I cannot relocate to Mexico at this time or at any other time due to all the risks involved. I would not have the professional or financial resources to get the proper and adequate medical care. My kidney conditions are only aggravated by the mere possibility of not knowing what will happen to our future.

My life would be completely devastated if XXXX is not permitted to return to the United States with me and our son. XXXX, also an American citizen, would be traumatized. He loves his father and would not understand why he is not with him. XXX loves and misses his dad and wants him to come back [Exhibit 34 Son's Letter]. XXX is a great man. He is hardworking and loyal. Without XXXX I would certainly lose my home, employment, and possibly my life. I love XXXX very much and being without him day by day is terrifying. He gave me the strength to get up every morning and kept me going. We have been married for 8 years and he’s the love of my life. The hardships I would face if I had to live without him, or I had to live without my family, would be indescribable. I cannot make the decision to leave one behind to go with the other. I depend on XXXX so very much. I would truly be lost without him. He is dedicate to his family and generous to everyone. Many times he has gone out of his way to help someone in need.

It would be impossible for me and XXXX to live in Mexico. I would not be able to obtain employment in my chosen career. It would be impossible for me to have health insurance in Mexico to cover my chronic kidney disease, anxiety, depression and insomnia. Most importantly It would be hard to have health insurance for Isaacs medications for his asthma. The distinct possibility that my life would be in jeopardy is terrifying. Therefore, it is imperative that XXXX be allowed to return to the United States with me and XXX as soon as possible. Please approve XXXX waiver. If given the opportunity to reside here legally, he would achieve so much and help so many.

Please consider all the evidence of our case and grant the approval for his waiver. This will allow us to finally be a happy family again.


Sincerely,



XXXX XXXXXX