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Thread: My HSL for review

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    My HSL for review

    Thanks to all of you who take the time to read and give me some input. The ban I have is 9b, for living in US more than 365 days.

    Case # XXXXXX

    United States Citizenship and Immigration Services

    Issue: Extreme hardship because of economic, educational, and health issues.

    I, XXXX, am including this affidavit and attached documentation as supporting evidence of extreme hardship as part of the Form I-601 Application for Waiver of Grounds of Inadmissibility for my wife XXXXX, case number XXXXX.

    XXX and I have been married since 2001. We have three wonderful children together: XXX, age 16 XXX, age 14 and XXX age 12. All three of them are United States citizens. One of our children, XXX, has been diagnosed with autism. Wife and I are more than just a team. We have been together standing strongly while facing the different challenges we have with our son’s condition. It is very important for our family that she is allowed to come back to the United States.
    I have worked hard and honestly all my adult life to get to the position I am at this point in my life. I went to school to finish my Accounting degree while working full-time and spending time with our three children because I wanted something better for my family. I am a productive member of society. I pay my taxes. I firmly believe in the morals and work ethics that the United States stands for and I have been educating my children with the same morals. I have never had any problems with the police.

    I attempted to live in Mexico with my family for some time from 2009 to 2014 and suffered various hardships while living there. Moving again to Mexico is not an option for me or my sons. It would be an extreme hardship for me and my sons because of health, economic, educational, safety, and family ties reasons.

    HEALTH ISSUES:

    My oldest son XXX was diagnosed with autism at the age of three. He received ABA therapy as part of his special education in US, this therapy made a huge difference in his behavior and improved his living skills, but two years after that he left the country to live with his mom and since then there have been no improvement in his skills or speech, Mexico doesn’t have the therapies a child with autism needs in order to become a self-independent person. Right now he is a teenager of 16. In order for XXX to have an opportunity to get a quality of life and a good chance to be able to live independently, it is very important that he gets the different therapies he need such as speech therapy and occupational therapy and later labor skills. The professionals studying the field of autism strongly recommend to start with all the therapies and interventions as earlier as possible in order to have higher the chances of achieving the different goals in life and live independently (attach Health 02 report of early intervention ). Diagnosis, abba reports,
    It is very important to have my wife, XXX, with me here in the United States so that she can take XXX to the therapies he needs. I am the sole source of income for my family and thus spend a good part of the day at work. In order to take XXX to his therapies, I would have to continuously request time off work. This would affect both the quality of my work and even my employment, placing the unnecessary risk that I would not be able to support my family and lose our medical coverage.

    XXX, my second son, has been diagnose with rhinitis, severe allergies and asthma. He has been under continuous treatments for years. The Journals of the American Thoracic Society conclude that severe exacerbations of asthma are potentially life-threatening and therefore require prompt care, close observation for deterioration, and frequent treatments. The NAEPP Expert Panel recommends that all clinicians treating asthmatic patients be prepared to treat an asthma exacerbation, recognize the signs and symptoms of severe and life-threatening exacerbations.
    My Son XXX takes albuterol in a daily basis, albuterol is a bronchodilator that relaxes muscles in the airways and increases air flow to the lungs. Albuterol inhalation is used to treat or prevent bronchospasm in people with obstructive airway disease. If the symptoms worsen he must be taken to the emergency room.

    The town where wife and our sons live is far from the city and the nearest hospital is 20 miles from there, it is also a rural town where most of the roads are made of dirt (attach pictures of xxx roads near house) according to the National Heart Lung, and blood Institute exposure to pollens or air pollution might make asthma worse. See exhibit. All the dust in the town they live causes XXX’s allergies to worsen and makes it hard for him to breath and sleep. As a consequence of this health problem, he is having trouble in school and his grades are lower (the highest grade is “10”).

    It is urgent to have my son XXX back in the United States so that he can be in a dust-free environment and to have a better quality of life and according to the NHLBI having a good treatment will help him to maintain good lung function. But this is not possible without having wife back also in the U.S. because most of the day time I’m in my work and she is the one that needs to give him his daily medicines and take him to the different doctors or the hospital if needed. (attach school grade cards, translation pending)Diagnosis, prescriptions. Managing Asthma Exacerbations in the Emergency Department Report, map town and hospital. NHLBI article

    On this last year, I have been diagnosed of severe clinical depression due to the fact that I am living apart from my wife and children. This separation is causing a tremendous strain in my life. We are unable of having a normal life as any working American should have. (attach Doctor report of chest pains  and Psychologist letter

    I have quality medical insurance in the United States for me and my family through my employer. This insurance covers the autism therapies that XXX needs to have, and all the health needs for the other members of my family. XXX was evaluated in 2015 at Kaiser Permanente in XXX, and a list of interventions prescribed for him was provided (attach Doctor report for XXX and XXX ). These interventions would take place through Kaiser in XX and are covered by the insurance so that they would not be a great financial burden to us.
    In US My second Son XXX would have the proper care for his allergies and asthma and we would be close to the Hospital in case he has an asthma attack.

    If I were to move to Mexico again, me and my sons would be placed in an extreme hardship since I would lose all of my great medical coverage as soon as I leave my job and would be only left with the low standard Mexico health care system. As many reports show, Mexico is a country with a poor health system (attach Health 01 report ). It is even the mockery of its own citizens and it cannot be even remotely compared to the one in the United States.

    All of the reasons above mentioned have taken its toll in my health. I am under psychological stress of being unable to bring them to live with me here in the United States because it is difficult for them to be away from their mother. The possibility that their condition worsens if wife is not allowed to come back to the United States is affecting me both psychologically and physically (attach Doctor report of chest pains  and Psychologist letter pending, .

    I am confident that if wife is allowed to come back to the United States, the condition of XXX and XXX will improve due to the technological and treatment advances in the medical field and to the emotional support she would provide. This would increase the possibilities that they are able to live productive lives. My condition will also improve since I would have back the person who emotionally supports all of us.

    ECONOMIC ISSUES:

    I am an Accountant graduated from CSUSB. In order to pay for my higher education, I had to apply and get a loan for Financial Aid which I am in the process of repayment. If my wife XXX is not admitted to the United States, I will suffer an extreme hardship that will exceed what I have already experienced so far after she left the country and went to Mexico.
    I attempted to live in Mexico with my family for some time between 2009 and 2014.
    I suffered strong economic hardships while living there. I did not want to be separated from my family so I had to leave my job in a specialized field such as U.S. Tax Accounting here in California.
    This is a field of work for which I had worked very hard to achieve my goals. The first immediate consequence was the dramatic income reduction of roughly 50% as an average during the time I was there. I went from making about 45,000 in 2008 to make about 15,000 in 2009. This meant that I could no longer cover my family’s expenses. A large part of my income went to pay private schools for our children since Mexico has a deplorable educational system and we did not want them to suffer the consequences of a bad education in the future.

    We also had to pay for autism therapies available for our son XXX because Mexico’s health system would not have anything available that would help XXX’s needs. We ended up incurring in big debts to make ends meet and I had to request a forbearance to stop making my Student Loan payments for some time because I was no longer able to do so.

    I am now well established here in my job at XXXX Company and working again in the field of U.S. taxes. (attach a letter describing my work duties from Tax Manager pending). If I were forced to move to Mexico again at this stage of my life, it will be very hard for me to find a job in the Accounting field in Mexico. It is known that job opportunities, even for professionals, are fewer in Mexico than in the United States because of both the economic conditions in that country and the discrimination against people older than 35 years.
    I am 42 years old right now. This open discrimination in Mexico goes even to the extremes of placing the work ads with the desire age or look (attach Economic 01 and 02 reports ) of the potential job candidates (attach OCC work ads examples pending translations). I have already tried working in Mexico and even if I could get again a job in Accounting job, I would not be able to either support the needs of my family, which include the private schools and autism therapies needed for the wellbeing of XXX, or to repay the student loans that I took in order to pay for my higher education in the United States (Both student loans total about 22,000 USD) (attach balance statements pending) because of the low salaries paid in that country.

    Given the economic conditions in Mexico, the great differences in the exchange rate of the different currencies, and my age, it would be an extreme hardship for me and my American sons to have to live in a place with lower living conditions that would deny us the opportunities of betterment that we have in the United States. In addition to this, by the time we are back in the United States we would be in bad shape financially with both debt and credit problems.
    If wife is allowed to go back to the United States, we would both be able to work and be able to reach our financial goals and provide the living conditions that our children need.

    EDUCATIONAL CONCERNS:

    In addition to the autism therapies, XXX needs to continue with his high-school education and to learn work skills that can help him be an independent person in the future. In Mexico, there are no schools that accept children with autism after middle-school, nor places where he can get work skills that would help him to get a job or to live independently.
    I just pre-enrolled XX in the XXX School District for High School so that he could get the quality education that he needs and deserves as an American citizen and that he is unable to get in Mexico (attach XXX enrollment form ). I am confident that the education provided here in the United States will be a great benefit for him.

    It is very important that wife is allowed to come back to the United States because she would need to both take XXX to school and pick him up from school. Without my wife, it would be very hard for me to do that since I work from 7am to 4pm in XXX , CA which is about 20 miles from the city of XX where XXX’s school is located. It will be very difficult for me to take the necessary time off work to go and pick up XXX from school. If I do this, it would place my employment at risk.

    SAFETY CONCERNS:

    It is of public knowledge the continuous reports of violence, kidnapping, and drug-related killings that happen on a daily basis in Mexico. According to the latest US Consulate in Mexico Travel Warning (attach Exh. Safety 01 report): “5. The number of kidnappings throughout Mexico is of particular concern and appears to be on the rise.” Me and my family face significant risk of loss of life and liberty if forced to continue to live in Mexico. We have had to be extremely careful where we go during the time I was over there. Not having the freedom to move safely has been an enormous source of stress to me.
    Only a few weeks ago, one of my family’s neighbor was murdered while trying to defend his family from some drug dealers (see Exh. Newspaper article, Safety 02 translation). He was shot multiple times in his pickup truck. This happened one block away from the place where my wife and sons are living in Mexico. I am living under a great amount of stress by thinking that something like this could happen to my family or that they get caught in the crossfire during a gunfight.

    FAMILY IN THE UNITED STATES:

    I have been living in the United States since 1993. My family moved to the United States due to a difficult situation of death and violence in XXX, our country of origin, caused by armed guerrilla groups killing people of all ways of life. Since that moment, the United States has been my home. I went to school here and became an Accountant. I am grateful to the United States that I have been able to have a good job, pay my fair share of taxes, and have a productive life. Here I have been able to fulfill my dreams of getting ahead in life and have access to a good quality of life for me and my family.

    My parents and siblings live nearby in XXX and we are very close and united. We always get together for the holidays and see each other in the frequent family reunions. Having to live apart from my family in a new country was a very hard experience for all of us. I missed my family so much since I do not have any family or friends in Mexico other than my wife. My parents suffered greatly when we had to go to a different country full of uncertainty and violence such as Mexico. My parents are retired right now and they are also suffering a lot of anxiety with this situation because they worry a lot about me, my wife, and my boys living in a country with little opportunities and such high levels of crime and violence as Mexico.

    In addition, due to the significant loss of income I would suffer should I move to Mexico, it will be very difficult for me to fly to see them. My parents have been a great and positive influence in all of us and we love to spend time together and strengthen our great relationship. Not to be able to continuously visit them is a situation that will cause even additional anxiety and will affect more my health.
    It is very important for family unity that wife is allowed to return to the United States. When that happens, we will be again a great united family that can provide emotional and loving support to all of its members.

    CONCLUSION

    Due to the reasons stated above, it will be an extreme hardship for me and my family to have to live in Mexico. I already have unsuccessfully tried working and living there with my family when my wife had to leave the United States but, due to that country’s infrastructure and its economic and social conditions, I was unable to provide my family with the living condition that would fulfill their special needs such as my son XXX’s autism, or my son XXX’s severe asthma and allergies. I am confident that our economic, health and emotional situations will greatly improve if my wife XXX is allowed to return soon to the United States so that we can all be together again as a family.

    Thank you, very much for your consideration.

    Sincerely,

    XXX

  2. #2
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    It is very important that wife is allowed to come back to the United States ....
    lines like that almost carry a dictating tone, it may not go down well with a hardheaded officer or even a nice one just having a bad day in the office. Remember, waivers are all discretionary depending on how CO sees your situation. Pour your heat out to make a passionate personal appeal with some emotions involved that would make a CO stop in his track instead of summarily gazing through the brief. Implore upon him/her that you understand very well the discretionary nature of this waiver and that (s)he holds the key to your family's reunion and stability.

  3. #3
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    My HSL for review

    1. Grammar check, in my opinion it does indeed matter.
    2. They know it's important for her to return, otherwise you wouldn't be applying for the waiver. Sentences like that are moot.
    3.the paragraph about your morals and ethics seem a bit out of place and possibly insulting to your wife's country. I wouldn't add it personally.
    4."it is even the mockery of st own citizens..." Again, don't insult the country. I believe that there's a better way of expressing it than that. Stating facts like their level of health care is one thing, completely and utterly insulting is another.
    5. You are repeating yourself a lot


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    In addition to the above, here are some quick thoughts -

    1) What exact therapies does he not receive in Mexico, because if he's lived there, the adjucator is immediately going to become skeptical. Is it that they're not available or not financially viable? Where are the closest services? Etc. Be sure to try not to make blanket statements because they could easily put the adjucator in a defensive mindset and it's the last thing that you want/need.

    2) As for the asthma, you make this sound like a mild annoyance. I have a kid with asthma and an attack isn't an annoyance, it's scary as hell. How often does he see a doctor? How controlled is his routine? How often does he go to the hospital/experience an attack? Keep in mind that the adjucator might have asthma or know someone who does. What you wrote has very little urgency. Don't downplay it.

    3) As for the medical coverage, be very careful - the medical in the area where my husband is from it top rate. What makes it not so where your wife is located? What is the cost? What makes it difficult? Again, don't make blanket statements as they do you a disservice. Make sure that you're using specifics to the area where it's located. My husband got medical services through the university he worked at and in some ways it was better than in the US.

    4) You wrote one whole sentence, maybe two on depression. First, this is one of the most commonly claimed hardships, so it tends not to carry much weight unless you can prove long-term effects, severity, etc. Second, you in no way explained how a) living separately would exacerbate the condition (or even how it's truly affecting your life) or b) how living outside of the US would change it. Remember, you have to connect the dots.

    I don't have more time right now but hopefully this gives you a starting point. You really need to go back and work on specifics and make sure that the blanket statements are removed. Mexico might not be where you want to live, but for many, it's home. No use putting them in a bad mood from the get-go.

    Good luck.
    Last edited by TSK; 04-05-2016 at 02:47 PM.
    Just getting started? Here are some guides to help you learn more about the process:
    Help! My foreign spouse/fiance is or was illegally present - what do I do?
    EWI, bans, and what you should know BEFORE filing
    Self-Test for Waiver Inadmissability
    What to look for when hiring an attorney

    Other useful guides:
    All About the I-601: Resources for Proving Extreme Hardship
    Guide to Removing Conditions for Conditional Visas (I-751)
    Guide to Select Service
    How to Enlist the Help of Your Elected Officials
    Member Recommended Attorneys

    **Disclaimer: I am not a lawyer and am only drawing on personal experience. Please consult with an experienced attorney regarding your case specifics before taking any action.

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    Thank you very much for taking the time to read my letter, we are going to use your advise and make the necessary changes.

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    One question, I read in the Approved HSL Thread that a person sent the original documents as evidence instead of copies, so is that really necessary? Thank you

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    It depends upon what the evidence was. For most things, copies work just fine. For things like court documents, that doesn't work because they need the originals, so it gets a bit trickier. But for articles, letters, and medical records, typically copies work just fine.
    Just getting started? Here are some guides to help you learn more about the process:
    Help! My foreign spouse/fiance is or was illegally present - what do I do?
    EWI, bans, and what you should know BEFORE filing
    Self-Test for Waiver Inadmissability
    What to look for when hiring an attorney

    Other useful guides:
    All About the I-601: Resources for Proving Extreme Hardship
    Guide to Removing Conditions for Conditional Visas (I-751)
    Guide to Select Service
    How to Enlist the Help of Your Elected Officials
    Member Recommended Attorneys

    **Disclaimer: I am not a lawyer and am only drawing on personal experience. Please consult with an experienced attorney regarding your case specifics before taking any action.

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    You have to paint a picture of your life for the adjudicator, they have to be able to "feel" your situation. While many of us are not used to disclose our emotions,, this is precisely what is needed to differentiate your case from the 100's of cases they see each day.
    601-A timeline - ---
    Application sent: October 11, 2013Lockbox receipt: no lockbox
    MSC receipt: mailed October 18, 2013
    Biometrics letter received: Mailed on 10/24/2013 received 10/31/2013
    Biometrics scheduled for: 11/21/2013
    Biometrics done *: 11/21/2013
    RFE received?: no
    Waiver decision date: 05/17/2014
    Waiver decision: APPROVED
    Filing country: Mexico
    Sent Final Docs to NVC on 07/05/2014
    NVC closed case 08/25/2014
    Visa interview date:10/17/2014
    Visa received:
    Extra information: Sent E request on 05/06/2014

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    Good Morning,
    We are finishing the HSL but we have another question, my husband translated most of the evidence documents we are using, the question is: Does he need to writte the statement where he says he is competent to translate from spanist to english just the way we do with the certificates?

    Thanks for your help

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    Thanks everyone for your help, we made the changes to our HSL, our received date was May 2, 2016 and yesterdar April 3, it was aproved!!!

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