Hardship Waiver

[Cin&Anil 0]

Hi friends!

I could use some help now! We went to the interview on 6/20 and Anil was denied the Visa. Our love is strong, but now we need to get down to business. I spent the last couple of days crying, now to get on with it..

I need to get letters of support from work and doctors, (I have several- have diabetes - on insulin, high blood pressure, high cholesterol and depression) and any othe back up information. I own a home in the US, and have a great job. I do have a brother that counts on me emotionally and sometimes financially who is disabled. Also, I have a friend who works for the government and travels a lot! I take care of her home, mail, etc when she is away!

Any specifics of what we need to have in these letters.. my friends, family,etc are willing to do whatever it takes,, but I want to make sure the letters state whey they need to with the thorough back up.

Another year of traveling back and forth seems like an eternity!!

Please help anyway you can..

Thanks in advance!!

Cindy

[KarenCee 3]

Cindy, it might help you get help with this if you post your question in the Waiver Forum found here: http://www.visajourney.com/forums/index.php?showforum=113 Surely someone there has done one and can help you.

I wish I had something else constructive to offer. So sorry to hear that Anil was denied.

[Chica Yeyé 41]

Sweetie, I am so sorry to hear about the denial. If the denial was for a reason that can be covered under a waiver, be prompt in filing it. I hope you guys are able to sort it out

[IR5FORMUMSIE 850]

Cindy, I'm so sorry to hear of the rejection. Just to add to what Len and Karen stated, if your rejection was within the scope of cases that can be waived, then go for it, we've got your back. These are two very detailed personal statements that are attached to the I-601 form, if you do half the job that these people did, you will most likely be approved. Sounds like you're already getting your papers in order. Good luck and don't give up, remember your love is stronger than that!!!!

May 6, 2005

I, USC, declare under penalty of perjury, under the laws of the United States, that the forgoing is true and correct.

I am submitting this affidavit in support of the I-601 Waiver of Grounds of Excludability for my husband, HUSBAND (A# xx-***-***, NVC Case # 2004******).

HARDSHIPS TO ME, THE U.S. CITIZEN

If HUSBAND is not admitted to the United States, I will suffer extreme and unusual hardship above and beyond what I have already suffered. Already since his departure, I have had to give up practicing real estate, a career for which I had worked very hard to become licensed in and professionally established. In the real estate practice, because I was not paid a salary and was dependant on commissions, ample savings were a necessity to fall back on. I was unable to afford to wait for those commissions after our savings were exhausted for legal fees associated with HUSBAND’s deportation, and was forced to seek other career options.

I feel deeply compelled each day to reunite with my husband and share our lives together as we once did and as we have every right to do. However, doing so in Venezuela would greatly endanger my safety, cause significant psychological stress, strain my relationship with my family, completely deplete our finances, eliminate my plans to pursue a graduate degree and end our dreams of starting a family of our own.

I. GRAVE SAFETY CONCERNS

I will face significant, potentially life-threatening risks to my personal safety if I move to Venezuela to join my husband. Due in part to the strained economic and turbulent political situation, there is constant unrest in most metropolitan areas of the country. There are regular riots and demonstrations, kidnappings, murders, robberies and ongoing violence. Even in the best of neighborhoods, there are regular incidents and police raids are common.

Recent anti-U.S. and anti-Bush sentiments generated by Venezuelan President Hugo Chavez have sparked additional violence against U.S. Citizens there. The web sites of the U.S. Embassy in Caracas and the U.S. Department of State contain lengthy warnings for U.S. citizens in Venezuela (see Exhibit A). On my 2 visits there, my husband has had to keep constant watch over me, never allowing me out of his sight, and trying to limit our conversations in public as I do not speak Spanish and would stand out immediately as a target. As difficult as it is for him to try to keep me safe for a short visit, if I were to reside there permanently, the toll this stress will have on both of us – the constant fear for my safety - is immeasurable.

II. FUTURE FAMILY AND MEDICAL CONCERNS

It is medically imperative that I start our family in the very near future. I have increased risks of infertility, miscarriage and pre-term labor due to a surgery I have had to my cervix. The surgery, a Cone Biopsy, was performed to remove abnormal (pre-cancerous) cells from my cervix after I was diagnosed with Cervical Dysplasia. I have not had further problems with the dysplasia at this time, but the surgery weakened my cervix, very potentially affecting my ability to conceive or hold a pregnancy (See Exhibit B).

When I conceive, my doctors have told me that I will have to be very closely monitored. If my cervix is not strong enough, medical intervention will be necessary to prevent me from miscarrying or going into premature labor. If, however, I were unable to conceive due to scarring of my cervical tissue, infertility options would have to be explored first; all of them would require my husband’s presence and ready availability. Most women are capable of bearing their first child without difficulty through the age of 35; fertility and uncomplicated pregnancy rates drop significantly after that. Due to my already present risk of severe complications, doctors have advised me not to wait any longer to attempt my first pregnancy.

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. However, without HUSBAND’s financial support (which is impossible to provide from Venezuela, where an average months pay is only about $150-$200), I would not be able to afford having a baby, especially if I am ordered to bed-rest throughout the pregnancy (therefore unable to work) to prevent pre-term delivery. Additionally, I can not raise a child alone, when my husband, who is my greatest source of emotional support and would be my only source of financial support, is 3000 miles away from me. This would be an extreme hardship for myself, as well as for my child who would have to grow up deprived of his/her father.

If I am living in Venezuela on the other hand, I will not have medical insurance and it will be impossible to have access to even a remotely comparable level of medical technology and expertise. With infant mortality rates at 24/1000 births (4x higher than the 6/1000 in the U.S.), and inadequate technology to ensure a safe pregnancy to term, I will be placing my fetus or baby’s life at risk if I try to begin my family in Venezuela. (See Exhibits C and B).

It would be a cruel and extreme hardship to subject my child to the choices of growing up in the safety, security and proper education of the U.S. without his/her father or to grow up in a poverty-stricken Third-World country with him (see Exhibit E). Without HUSBAND’s presence here in the United States, under these circumstances, I could not attempt to start a family.

Also, if the pre-cancerous cells which cause cervical dysplasia recur, they may not be adequately detected with the technology available in Venezuela (“the healing and scarring process after a cone biopsy may make it difficult to identify abnormal tissue in the future”). If this condition is not treated, it often will grow into an invasive cervical cancer (see Exhibit B).

Additionally, I have experienced many episodes of shortness of breath, severe palpitations, and insomnia in the past year. After ruling out a heart condition and other ailments with a physical, an EKG, and blood tests, my doctor concluded that my symptoms were indicative of anxiety attacks from great stress. If I cannot eliminate the stress (i.e. have my husband back), these attacks will continue and worsen, leading to Anxiety Disorder and Depression (See Exhibit D).

THE HOLMES-RAHE SOCIAL READJUSTMENT RATING SCALE

In 1967 Thomas H. Holmes, M.D. and Richard H. Rahe, M.D. published "The Social Readjustment Rating Scale" in the prestigious Journal of Psychosomatic Research. This scale measures vulnerability to medical illness as a result of stress. It is now famous and still widely used; its efficacy is well established. For instance, in December 2000 in “Educational and Psychological Measurement” Judith A. Scully, Henry Tosi and Kevin Banning re-evaluated the use of this instrument. The abstract of their article states:

"The authors conclude that, in sum, life change events remain useful predictors of stress related-symptom scores and that the SRRS is a robust instrument for identifying the potential for the occurrence of stress-related outcomes and is, therefore, a useful tool..."

The scale uses the weighting of Life Changes Units (LCU's) as a means of predicting vulnerability to medical illness. For instance, a marital separation would accrue 65 LCU's and an outstanding personal achievement would accrue 28 LCU's. In other words, significant life changes, positive and negative, are significant variables in the development of medical illness. It is not possible to predict exactly which illness might occur. However, degree of vulnerability can be predicted. Pre-existing conditions, (such as my previous bout with cervical dysplasia) are presumed to be highly vulnerable to exacerbation. The predictive ranges of the SRRS are:

LCU 0-150: No significant risk

LCU 150-199: 35% Chance of illness or injury in two year period

LCU 200-299: 51% Chance of illness or injury in two year period

LCU 300 +: 80% Chance of illness or injury in two year period

The scale was applied on the assumed basis that I was forced to move to Venezuela. My score on this instrument was an astounding 501, with the following analysis, “This score indicates major life crisis and is highly predictive (80%) of serious physical illness within the next 2 years”. On the other hand, if HUSBAND were able to return to the U.S., thus eliminating the hardships/stress factors, the score would drop dramatically to 64 (no significant risk).

The Holmes-Rahe SRRS also demonstrates a very important fact widely recognized in the health sciences. Stress and other risk factors not only exist as independent influences, they interact dynamically. In other words, the whole is greater than the sum of its parts. I will be subjected to several factors whose interactions contribute exponentially to my experience of hardship. Each interacts with the other in a manner that heightens their mutual impact. Therefore, the totality of hardship factors exceeds measurement.

III. FAMILY TIES IN THE U.S.

I was born and raised in the U.S. and my entire family lives nearby. I have absolutely no family anywhere in South America. I am very close to both of my parents, my sister, and my 5-year-old niece who has lived with me or near me for most of her life. My mom and sister are my best friends; being separated from them would be devastating. Since neither of them drives, and my father moved away, they both depend on me for many essentials, including grocery shopping and getting to doctor’s appointments. My niece, NIECE, is emotionally attached to me and gets very sad and upset when I’m away, even for a couple of days. If I were to move to Venezuela, it would cause her and my sister hardships in addition to my own. When her mother (my sister) works on evenings and weekends, I am the one who cares for her, plays with her, takes her on outings and tucks her in at night (her father lives 4 hours away and rarely visits). NIECE has become such a part of my life; leaving her would be like abandoning my own child. In addition, she loves and admires HUSBAND and asks for him every day, unable to understand why he isn’t here. Between her father’s absence and her grandfather’s recent departure, HUSBAND’s presence can provide a stable, daily male figure in her life that she does not otherwise have. If HUSBAND is not allowed to return, NIECE will suffer great distress wondering why another man she loves is gone.

I love my family dearly and have never gone more than a couple of months without seeing them. I wouldn’t be able to afford plane tickets, averaging $700- $1000, to visit my family (see below), and phone calls would be too expensive to make very often. This would also greatly add to the growing anxiety attacks I already experience, and is likely to trigger depression (See Exhibit D).

Additionally, HUSBAND only has an aunt and 2 cousins in Venezuela who live in different cities. Due to my inability to speak Spanish, I felt alienated when I spent time with them, and will surely be isolated, and terribly lonely without friends and family to talk to. Being separated from my full, close and loving family will create great emotional distress and hardship to myself and to my family, all of whom are U.S. Citizens. If HUSBAND is not admitted back to the United States, I will never be united with my entire family at the same time.

III. FINANCIAL HARDSHIP AND LACK OF EDUCATIONAL OPPORTUNITY

Here in the U.S. I am employed with an annual salary of $39,000 plus wonderful benefits including tuition reimbursement. I intend to begin graduate school to expand my opportunities in my current field (which I am ill-equipped for with my real estate background), especially since my employer will reimburse a significant portion of my tuition. If I were to move to Venezuela, I would have to leave my job with virtually no prospects to look forward to, and graduate school would no longer be an option (both since I don’t understand Spanish). In addition to that, this would also shatter my chances of future employability in the United States once we are finally able to return. Since it will be impossible to maintain my career in Venezuela (due in major part to my inability to speak the language), my professional standing and career would be ruined.

The unemployment rate in Venezuela is 18%. With about 47% of the population living below the poverty line, it is virtually impossible that I, an American who doesn’t speak Spanish, will be able to secure any employment at all. The minimum wage is about $188/month, though many earn less and have no benefits. HUSBAND has had great difficulty finding any permanent employment, with offers of less than minimum wage, part-time or temporary work, and occasional contract assignments such as translating documents. Even with both of us working, this would not be enough to live on; with only HUSBAND working, it will mean certain poverty (see Exhibit E)

It would also mean that my credit rating would be destroyed. With credit card bills nearing $10,000 (many stemming from legal fees related to HUSBAND’s case), I would be unable to maintain any payments whatsoever (see Exhibit F). My current earnings allow me to pay my bills as well as provide money to my husband so that he may maintain a reasonable and secure standard of living. After making all payments, I have just enough money left over for phone calls to Venezuela and can barely afford the airfare to visit more than once or twice a year. In Venezuela, without my current salary to rely upon, not only would we be subjected to the extreme hardship of living in horrifically sub-standard conditions, but also we would have nothing to return to the U.S. with except damaged credit and debts. However, with HUSBAND in the U.S., he will be gainfully employed and, without the burden of maintaining a second household, our combined income would allow us to quickly pay our debts, buy a home and start a family; none of this will be possible if he is not here.

IV. I DO NOT SPEAK SPANISH

As I have indicated, I do not speak Spanish. This will contribute to and exacerbate the extreme hardships I have already discussed. My lack of Spanish language skills in Venezuela will:

• nullify my efforts to find employment

• make me more vulnerable to crimes targeted to Americans

• make me extremely isolated socially

• make regular activities such as shopping and going to church extremely difficult

VI. HUSBAND ’S CASE FACTS:

HUSBAND was brought to the U.S. by his mother with a valid non-immigrant visa when he was only 11 years old. His mother applied for political asylum but the case was denied. Her attorney filed an appeal and obtained an Employment Authorization Card for her while it was pending. When HUSBAND turned 18, he too received a Social Security Card and Employment Authorization. The same attorney continued to re-apply for the Employment Authorizations annually under the pretense that the appeal was still pending. After working lawfully in the U.S. and paying taxes for several years, the Work Authorization Cards were denied at renewal in 2002 because it was discovered that the appeal for asylum had been denied several years before.

Their attorney had never informed them of the denial of the appeal and falsely misled them into believing that they were living and working legally in the U.S. for many years (see Exhibit G).

HUSBAND and I were already engaged when his Work Authorization was not renewed in 2002, and married on November 12 of that year. While seeking legal advice, we discovered that a deportation order had been issued against his mother (and him, inclusively) in 1997 when he was only 14. He was 20 when we found out and realized too late that he had already remained in the U.S. illegally for all those years without having known it. We were advised by several attorneys to file the I-130 Petition promptly and wait for it to be adjudicated here in the U.S. Sadly, 1 ½ years into our marriage, while the I-130 was still pending, HUSBAND was detained during a routine traffic stop when his driver’s license was checked, and was deported 6 weeks later following a painful and costly legal battle. Now, following his interview at the U.S. Consulate in Caracas, Venezuela, he respectfully seeks this waiver to return home to me.

SUMMARY

I ask you sincerely to take into consideration all these hardships and unbearable decisions that I face while separated from my husband. If HUSBAND is denied permission to return to the U.S., you will be placing me in an impossible dilemma, asking me to face risking my life and the lives, well-being and very existence of my future children – future citizens of the United States – by moving to Venezuela to reunite with my husband in fulfillment of our sacred, profound marital bond. I would also be forsaking my relationship with my family and my secure employment and career opportunities.

Please take into consideration that HUSBAND was only a child when he came to the U.S. and was entirely ignorant of his own status until he reached the age of 20, when it was too late. He had no reason to question the valid Social Security Card and Work Authorizations he was given. He is an innocent victim of an unethical attorney. He did not choose to come to the U.S. at age 11 and did not choose to overstay his visa and remain here in an illegal status. He is a hard-working, law-abiding person who spent more than half his life in the U.S. and contributed greatly to his community with his musical talents and through his church.

I need to have my husband here with me in the U.S. I love my country and am a very proud American citizen. I would not believe that my own country would keep me separated from my husband, when the government has fully recognized our marriage in approving our I-130 petition. Doing so would shatter the confidence I have in my own government to protect me, as keeping me separated from my husband would destroy me.

Please allow HUSBAND to come home to me, so that we may once again live together as husband and wife. Please give us the opportunity to live the American Dream – to start a business together, buy a home, and raise a family – in the safety and security of the great U.S.A. that so many Americans take for granted every day.

Sincerely,

USC

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Exhibit Contents and Sources

Exhibit A - Safety concerns in Venezuela

Consular Information Sheet on Venezuela

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1059.html

Current Situation in Venezuela (Consular Announcement)

http://caracas.usembassy.gov/situation.html

Latin America's New Fidel (Herald Tribune)

http://www.iht.com/articles/2005/04/26/opinion/edbremmer.php

More Friction Between US and Venezuela

http://www2.rnw.nl/rnw/en/currentaffairs/r...5?view=Standard

Murders per Capita - Venezuela 4th Highest

http://www.nationmaster.com/graph-T/cri_mur_cap

Exhibit B - Reproductive health issues

Letter from Dr. ***x, MD

Medline Plus - Cold Knife Cone Biopsy

http://www.nlm.nih.gov/medlineplus/ency/article/003910.htm

Cone Biopsy…

http://my.webmd.com/hw/womens_conditions/hw27835.asp

Cervical Cancer

http://www.oncologychannel.com/cervicalcancer/

National Cervical Cancer Coalition

http://www.nccc-online.org/

Exhibit C - Infant Mortality Rates in Venezuela

http://www.cia.gov/cia/publications/factbook/print/ve.html

Exhibit D - Anxiety Disorders

http://adam.about.com/reports/000028_3.htm

Exhibit E - Poverty, Unemployment, & Minimum Wage

Poverty Line and Unemployment Rates

http://worldfacts.us/Venezuela.htm

Minimum Wage in Venezuela

http://biz.yahoo.com/ap/050427/venezuela_m..._wage.html?.v=1

Exhibit F - Copies of 2 credit card bills

Exhibit G - Copies of Hubby's Social Security Card and EADs

Here's another one.

U.S. Citizen and Immigration Services

American Consulate General

Ciudad Juarez, Chih., Mexico

PO Box 9896

El Paso, Texas 79905-9896

Re: Case No. ******X

Applicant: Alien

Application for Waiver of Grounds of Excludability (I-601)

Claim of Extreme Hardship on the U.S. Citizen Spouse

Dear Sir/Madam:

I, USC, declare under the penalty of perjury, under the laws of the United States, that the following is true and correct:

I, USC, a U.S. citizen, in support of an I-601 Waiver of Grounds of Excludability on behalf of my husband, Alien, submit this personal statement of extreme and unusual hardship. I have many overlapping hardships in the following areas: health, education, training, employment, financial and personal considerations, as well as special factors.

I. Family Background

I met Alien in October of 2000. We began dating shortly thereafter and we were married on February x, ***x (Appendix 1). We have been inseparable since we met almost 7 years ago. Alien is my best friend and my favorite person in the world. He has had such a positive impact on my life and my character; I can honestly say that I would not be the person I am today if it were not for him. He is an amazing husband in so many ways. I am so happy to be sharing my life with him, I do not even like spending time away from him, I can not even imagine living apart from him. At the same time I can not live in Mexico without experiencing extreme and unusual hardship.

II. Health

A. Medical

1. I suffer from a chronic autoimmune disorder, guttate psoriasis (Appendix 2-5). The sores are red, itchy, painful and disfiguring (Appendix 6). If not treated, the disorder will continue to spread to my face and my immune system will turn to attack my joints producing a disabling condition known as psoriatic arthritis. This disease, if left untreated, can result in staff infections and hospitalization (Appendix 7). I know very well how quickly this disease can spread. While I was in graduate school (2004-2006) I was unable to see a doctor because I did not have medical insurance. I continued with the UV treatments, but without the care of a doctor and the medicine, the disease spread. I now have a severe case. There is no cure for psoriasis and I will need treatment for the rest of my life. Dr. X stated “It is important for USC’s health and quality of life that she receives continued treatment for her psoriasis. It is imperative that she be carefully monitored for the adverse affects her treatment can have on her health. To this end, it is necessary that she have continued and frequent access to a healthcare professional trained to treat this disease” (Appendix eight).

I can prevent the spread of my psoriasis through the use of medical interventions; UV treatments and corticosteroids. The administration of UV treatments increases my risk of developing cancer. According to the National Cancer Institute “women who use tanning beds more than once a month are 55 percent more likely to develop malignant melanoma, the most deadly form of skin cancer” (Appendix 9). I tan (UV treatment) several times a week (Appendix 10). I must have access to a physician if I see any indication that I am developing cancer. According to the U.S. Food and Drug Administration “malignant melanoma, now with a suspected link to UVA exposure, is often fatal, if not detected early” (Appendix 11). The Clobetasol Propionate is applied two times a day. This involves applying the cream to the many lesions that cover my body and Alien helps me, which greatly reduces the time necessary to apply it. Without Alien here in the U.S. to help me, I will find it impossible to be compliant with this medical treatment. The medicine has a number of side effects that must be monitored by a physician (See Appendix 5).

A move to Mexico or my staying in the U.S. without Alien will greatly increase my stress (Appendix 12). Stress is related to a variety of health problems (Appendix 13). Psoriasis is exacerbated by stress, heat, and skin irritation. I have already experienced an agitation in my symptoms related to this immigration proceeding, the psoriasis has spread to my scalp and my doctor recently put me on additional medication (Appendix 5). Washing clothing and dishes by hand, as is common in Mexico, would also exacerbate the disease. Even bathing may irritate my skin, due to the low quality of the water.

My husband is unlikely to be able to find a job in Mexico that provides an adequate income (see section VI) and we will be unable to afford medical treatment. For example, Cobetosal Propionate would cost approximately 17.5% of our income in Mexico (Appendix 14). I have been unable to locate a place in Alien’s home town to receive my UV treatments. However a physician in Pueblo, Mexico told my husband that the treatments cost MX$*** and are done twice a week, which would be 100% of our monthly income (Appendix 15). I will be forced, for the sake of my marriage, to forgo further medical treatment of my chronic autoimmune disorder.

2. I have developed severe joint pain in my lower back and hips. My physician, Dr. Z is conducting lab work to determine the best course of treatment for this pain. She has put me on Meloxicam, which is a nonsteroidal anti-inflammatory drug used to relieve the symptoms of osteoarthritis and rheumatoid arthritis (See Appendix 16). The cause of my joint pain has yet to be determined and Dr. Z’s experience and knowledge gives a chance for effective treatment.

B. Psychological

I have been diagnosed with Depression (Appendix 17). Although it can be expected that the average person enmeshed in an immigration case of this nature would experience emotional difficulties, my psychological hardships have proven themselves to be particularly severe and have the potential of causing medical illness, hospitalization, or even death. Thus, my psychological hardships warrant particularly in depth examination. My doctor put me on Wellbutrin, an anti-depressant medication. According to the information that the pharmacy provided with the medication “Children, adolescents, and adults who take this medicine should be monitored daily for any worsening of their condition, thoughts of hurting themselves…especially during the first few months after starting this medicine” (Appendix 18). I need my husband with me to monitor my condition.

This is not the first time I have been diagnosed with a mood disorder:

-I was first diagnosed with Adjustment Disorder with Depressed Mood just before my 14th birthday (Appendix 19,).

-I was diagnosed with Depression with suicidal ideation at the age of 20. Dr. B, my physician at the time, stated that I could experience a recurrence of my symptoms at stressful times in my life. Her advice is in line with what research has shown (Appendix 20, p.2). Over the next few years (until 2002) I was alternately treated with Zoloft and Prozac, in an effort to control my symptoms (Appendix 21).

-Between May 2003 and March 2004, I was treated by Dr T., again for depression (and panic disorder). Over the course of treatment, I was given Xanax, Lexapro, and Wellbutrin (Appendix 4).

As I have been depression free for 3 years, it is likely that this recurrence of my illness is due to the stress of this immigration proceeding. When I first found out about the potential ten-year ban, I was devastated. I lost a lot of weight. The people in my life were extremely worried about me (Appendix 22). Accompanying the current depression are anorexic symptoms and suicidal ideation. I sometimes wish I could be dead rather than face the chance of going through my life without my husband or family. I have no energy and can’t concentrate. I no longer get any pleasure from teaching. I have constant stomach pain and diarrhea. I cry several times a day. Depression also makes me unable to use my training, as I can not provide therapy to others when I am in a severely depressive state (see section IV. A).

Should this waiver be denied, my depression will likely worsen to a grave degree and become chronic. Dr. W stated “It is quite possible that if she ends up having to make this difficult choice her depression could turn into a chronic condition with more serious negative implications for her long term psychological adjustment” (Appendix 23). According to the Diagnostic and Statistical manual of Mental Disorders, Forth Edition, Text Revision: “Motivations for suicide may include a desire to give up in the face of perceived insurmountable obstacles or an intense wish to end an excruciatingly painful emotional state that is perceived by the person to be without end” (Appendix 24). If this waiver is denied, I may be at risk for suicide (appendix 20). This terrifies me. This risk is compounded by the fact that we would be unable to afford my medication in Mexico. Wellbutrin would cost about 47.5% of our income (Appendix 25). This is impossible, and I would have to quit taking my medication. If the waiver is denied, I would likely develop chronic Depression and yet be unable to afford the medical care I need.

C. Potential for Inherited Illnesses

My mother, suffers from migraine headaches, fibroids of the breast and uterus, ovarian cysts, and cervical dysplasia. I may be at genetic risk of developing all of these. She is also currently being treated for high blood pressure with the drug Lisinopril (Appendix 26). According to the National Institutes of Health (NIH), hypertension risk is increased by long-lasting stress and a family history of high blood pressure (Appendix 27, p. 3&4). Due to my mother’s recent diagnosis and the long-lasting stress of this immigration proceeding, I am at risk for developing hypertension. Hypertension is called the silent killer and, according to the NIH, if left untreated, can lead to heart and kidney failure, stroke, and death.

D. Health Insurance

My current job is contractual in nature and does not provide benefits. The medical care I have been receiving in the last few months has come out of our savings account (Appendix 5, 16, 18), which is quickly depleting. I will not be able to continue this for long and so I desperately need insurance. Unfortunately, with my training only partially completed, I am unable to acquire a job that provides benefits. Once my training is finished, such a job will be easy to find. (See section IV). I desperately need Alien in the U.S. so that he can provide me with insurance through his work while I am finishing my training.

III. EDUCATION

I intend to pursue a doctoral level degree as this is considered the terminal degree in my field (Appendix 28), and am actively preparing myself for this endeavor. I submitted 8 applications prior to my graduation with my Bachelors Degree (Appendix 29). Unfortunately, I was not admitted to a program that year. I decided to obtain a Masters degree followed by practical experience before re-applying (Appendix 30). Admission into Clinical Psychology programs is competitive, only xx% of applicants are accepted each year (Appendix 31). Right now, I am in a good position to obtain acceptance. I gained invaluable experience during my graduate training and I’m currently gaining more experience that makes me competitive (Appendix 32). Should Alien be granted this waiver, I plan to apply for admission into doctoral programs once I finish my licensing.

Should I be forced to wait 10-years before applying for admission, my chances of being accepted into a doctoral program are nil. John Smith, Ph.D. stated “Not only would her (USC’s) training obtained at X State University be of no use to her while she was gone, but a ten-year hiatus in training and practice would effectively invalidate her education, as it would be essentially antiquated. In brief, if she were to leave for this period, she would not be able to use her training while gone and would return with an outdated and, for all intents and purposes, worthless degree” (Appendix 33). Even if I could miraculously manage to be accepted into a program after ten years, I would probably be forced to repeat my Masters degree.

Staying in the U.S. to pursue my Ph.D. without Alien is not an option. I could not afford the costly application process or the tuition (Appendix 34). I could not work to pay our bills and study at the same time. This dream will not be possible without Alien’s emotional and financial support.

I would also be prevented from pursuing a Ph.D. in Mexico because my Spanish is inadequate, learning the language at a level that would enable me to study at this intensity is impossible, and I would not be able to afford the fees. In addition, the psychological degrees offered in Mexico would be useless in the USA. In order to ensure my future employability, it is important that I obtain a degree from an institution that is accredited by the American Psychological Association (APA). There is not a single APA accredited program in Mexico (Appendix 35). According to the U.S. Census Bureau, only X percent of the population obtains a Doctoral degree (Appendix 36). Should my husband be denied this waiver, I will be in the unusual situation of being unable to pursue this high level of education. I will forever loose my chance to pursue a doctoral level degree.

IV. TRAINING

I have spent over six years studying and my training is not complete until I obtain my licenses to practice, the Licensed Professional Counselor (LPC) and the Licensed Psychological Associate (LPA). Both licenses require that I receive annual continuing education credits and these will not be available to me in Mexico. By not completing the required education credits, I will lose my credentials. The cost of these CEUs range from $*** for 1 day to $***X for a 4 day workshop (Appendix 34). I could not afford the fees on what my husband is likely to earn in Mexico.

A. Licensed Professional Counselor

In order to provide therapy in the state of Texas, I must become a LPC (Appendix 37). Licensing for therapists is so specialized that I cannot even use my license in another state, much less another country! The license requires costly weekly supervision (Appendix 34). I cannot afford this on my current wage and I need Alien’s additional income to be able to afford it. If my husband is not permitted to immigrate to the U.S., I will be unable to obtain this license, and therefore prevented from conducting therapy in the U.S. and increasing my income.

Additionally, due to my own psychological state (see section IIB), I have decided to refrain from providing therapy until Alien’s immigration situation is resolved. This is in compliance with the American Psychological Association’s ethical guidelines for Psychologists (Appendix 38). I anticipate that should Alien be permitted to remain in the U.S., I will experience an improvement in my depression. At that time I will be psychologically capable of utilizing my training and financially capable of paying the required supervision.

B. Licensed Psychological Associate

In order to conduct testing, I must become a LPA (Appendix 39). My training in assessment would be useless in Mexico. John Smith, Ph.D. wrote “There is no foreseeable situation in which Ms. USC would be able to use her training in intellectual assessment in Mexico” (Appendix 33) and Peter Jones, Ph.D. wrote “She cannot simply generalize her training and apply her knowledge to the Mexican population; as a result, she would be unable to practice her chosen profession if she is in Mexico. Her years of training here would have been largely for naught” (Appendix 40). These tests are specific for use in the U.S. Even if I could speak Spanish, I am not trained in Mexican psychological tests.

I am unable to obtain either license without my husband’s financial support. Since, according to the U.S. Census Bureau, less than X percent of the U.S. population obtains a Master’s degree (See Appendix 36), my husband’s denial and my subsequent inability to utilize my degree necessarily constitutes an extreme and unusual hardship.

V. EMPLOYMENT

A. USA

I am currently employed as an adjunct instructor (Appendix 41). This work is further building my resume to facilitate my acceptance into a Ph.D. program. This work is contractual in nature, and I can not be assured of a regular income. In fact, I taught my last class on May 10th 2007 and future contracts have not yet been signed. As of right now, I do not have any more work lined up. This position is not tenured and is not eligible for benefits. In order to obtain such a position I must have a Ph.D.

Without a Ph.D., I will find it impossible to obtain a fulltime position in a university, which would provide job security, benefits, and retirement in the form of an eventual tenured position (Appendix 42). As I have already shown in section III, if Alien is required to remain in Mexico for 10 years, I will never obtain my Ph.D. If my husband is permitted to return to the U.S. and once I have my Ph.D. I can expect to earn about $XX,*** a year starting salary at a university. This is more than double what I am currently earning.

If Alien is not permitted to return to the U.S. I would also be prevented from practicing therapy here. Almost without exception, the jobs for therapists require either the LPC or the LPA license (Appendix 43).

B. Mexico

I require a professional visa to work in my chosen profession in Mexico. I would be prevented from teaching at the university level because I lack the language ability to be able to present complex material at this high level. Teaching requires an ability to read textbooks and other research materials, present what is important, answer questions, grade papers, and communicate with other faculty. All of this is impossible without an intimidate knowledge of the language. In order to provide therapy in Mexico, I would have to meet many requirements. I would have to obtain a professional visa, a “cedula profesional”, and receive permission to practice the profession of psychology in Mexico (Appendix 44).

1. Professional Visa – This requires (among other things) a) that I write a letter in Spanish explaining the reasons I desire to immigrate to Mexico, and B) a letter from my prospective employer. It is highly unlikely that I will be able to find a job for an English speaking psychologist in Mexico, according to a study by Olga Bustos the job market is saturated (Appendix 45, p.4).

2. “Cedula Profesional” – To obtain this at the masters level, I would need to (among other things) a) first obtain my “Cedula professional de licenciatura”, B) take a professional examination and c) show proof of where I am living. I will not be able to pass a professional examination in Spanish.

3. Permission to practice – Mayra Gonza*** Morales from the Sociedad Mexicana de Psicologia said that in order to receive permission to practice the profession of Psychology in Mexico I would have to first obtain the “Cedula Profesional”, then I would have to submit documentation of my degree, translated into Spanish, for review by a well known faculty member in Psychology. If this individual finds my education lacking in some area, he/she will recommend that I take courses at an accredited institution in Mexico. This would necessitate my taking classes in Spanish, which I will undoubtedly be unable to pass. Before I can be given permission, they will verify my immigration status, which I have already shown that I will be unable to obtain due to my inability to find a job.

These requirements are confusing and time consuming. It is impossible for me to meet the requirements to practice in Mexico. I cannot write a letter, obtain employment, pass professional exams, or take courses in Spanish.

If Alien is not permitted to return to the U.S., I will be unable to practice therapy in either country. My training will be wasted and this door of employment will remain forever closed to me. As a woman who has spent her entire life preparing for a fulfilling career, this will be extremely devastating and unbearable. However, should my husband be allowed to return, I can expect to double my current salary once I have my LPC. Overall employment of psychologists is expected to grow faster than the average for all occupations in the U.S. (Appendix 46).

VI. FINANCIAL CONSIDERATIONS

I am currently in serious debt (Appendix 47). I have $X,*** in credit card debt (Appendix 48) which will increase after the trip to Ciudad Juarez, $XX,*** in a car loan, and $XX,*** in student loans (Appendix 49).

Our income will drop dramatically if we are forced to live in Mexico. Mexico has an unemployment rate of 3.6% and an underemployment rate of 25% which causes 40% of its population to live below the poverty level (Appendix 50). I would be unable to work due to Mexico’s overall economic situation, my inability to speak the language, or secure a license to practice or immigrate. Alien will be unlikely to find a job that can adequately support us in Mexico; he was unable to graduate from high school due to the extreme poverty his family faced and has never worked in Mexico as an adult. The wage Alien could earn in his hometown of *** is approximately $*** a month (Appendix 51). My standard of living would drop significantly, I would be unable to fulfill my financial obligations here in the U.S., which include federal financial aid, and I would be faced with certain poverty. If I am forced to move to Mexico, I may have to file bankruptcy. This will do much more than ruin my credit rating. My father has cosigned with me on two loans (see Appendix 52). If I am forced to live in Mexico with my husband making only $*** a month, I will be unable to make even the minimum monthly payments. This places me in an impossible situation. By moving to Mexico to be with my husband to fulfill my wedding vows, I am placing my father in the difficult situation of being obligated to pay my debts. This would be humiliating and would negatively impact my sense of financial responsibility and strain my relationship with my parents, causing them an extreme hardship.

My student loans come off of deferment next month and this will increase my monthly bills by $*** (Appendix 49). If I were to remain in the U.S. without my husband, I will be unable to pay our debts on my current salary of $***X a month, and I will be unable to pay our debts if we move to Mexico because I will not be able to work (Appendix 53). Without Alien here in the U.S., gainfully employed, I have no hope of increasing my salary (sections III and IV).

VII. PERSONAL CONSIDERATIONS

A. Family Ties in the United States

I do not have family in Mexico. I do not have friends in Mexico. I have never met my husband’s family. I would be prevented from making social connections due to the language barrier. All the family I have are in the United States. All the friends I have are in the United States.

Alien and I are exceedingly close to my parents (Appendix 54). We currently live in a recreational vehicle on their property. My parents are less than a 10 second walk away. We lost my sister in 2003 (Appendix 55). As such, I am not only my parent’s closest relative, I am their only child. It would devastate them if Alien and I were to live in Mexico (Appendix 56).

While we have frequent telephone and e-mail contact with our extended family, they live in other parts of the country. Therefore, Alien and I are the only people available to aid my parents as they age, face health issues, or need repairs on their house (Appendix 57). Recently my mother was diagnosed with hypertension (see section IIC), I help her remember to take her medication, understand and monitor the side effects, as well as encourage her by accompanying her on walks. Another example, my mother was bitten by a bat and had to undergo a series of shots (Appendix 58). The doctors would not let her drive herself to and from the hospital, and so I drove her, as my father has a very difficult time getting off of work. My parents also had a lot of damage from a tornado. We are in the process of cleaning up (Appendix 59). Our dear friends from bible study and church are elderly and are not able to help. If Alien is not granted this waiver, my parents will have to complete this massive clean up (and any future event) on their own. I can not bear the thought of not being able to help my parents, now and as they continue to age and become ill. It is my duty as a Christian and as an only child to aid my parents in any way possible. The grief and guilt I will experience at being prevented from fulfilling my duty to care for my parents is immense.

I would be prevented from having sufficient contact with my parents. According to www.mexicana.com, a round trip plane ticket to Somewhere from Somewhereelse is approximately MX$7,800 (Appendix 60). This is almost three month’s wage. I would also be unable to afford the costly international phone calls.

In addition, although my mother-in-law is alive, she is in poor physical health and lives in an impoverished condition. Her house has no doors on the bathroom, no running water, no air conditioning, and unpredictable electricity. She is not in a position to help us. I have never met Alien’s mother. Alien has not been in Mexico for over 7 years and is not close to his mother. We can not expect any financial or emotional aid from his family in Mexico. We would be alone and without the support we are accustomed to in the United States.

B. Community Ties in the United States.

My family and I are very active in the rescue of stray or unwanted dogs and cats (Appendix 61). We are currently responsible for 13 dogs and 4 cats. If I am forced to live in Mexico I would be unable to contribute to their care. This would make me feel guilty and fill me with anguish. I wish to see them all live a happy life and don’t want this to be a burden to my parents.

Alien and I attend the Somewhere KOA Bible Study held every Wednesday night. This is led by my father. We also attend *** Lutheran Church, Missouri Synod on a regular basis. At both locations, we have found warm, exceptional people who would do anything to help their fellow believers. Alien and I feel extremely accepted and supported; it would be devastating to me to have to leave these individuals (Appendix 62).

C. Professional Ties in the United States

I am a member of a number of professional organizations in the United States (Appendix 63). I would be prevented from making similar professional ties in Mexico (see section V.B and VIII.A). I have developed many professional relationships with other individuals in my field. These relationships take time to build and colleagues are a necessary part of my profession. For example, Martha Stewart and I are actively working on publishing an article together (Appendix 22).

D. Children

Alien and I have a great desire for children. We wish for his immigration status to be cleared up before having children to prevent them having to spend time without one parent present. I desire to raise my children close to my parents.

If we were to wait to have children until after the 10-year ban, I would be at least 38 years old. I would suffer a decline in fertility and our children would be at a high risk for birth defects (Appendix 64). I am certain that many people in this situation desire children, but our situation is unique because as I am an only child, it is extremely important to my family that I have children (Appendix 65). If I am forced to wait, and become infertile, my parents will have to suffer the additional sorrow associated with not having grandchildren. My mother, said “I would also greatly enjoy being part of my grandchildren’s everyday lives…so much of my life has not been ideal, please don’t make this dream also die unfulfilled” (Appendix 57).

If we were to have our children in Mexico they would be racial, national, and religious minorities. This would cause them to be at great risk for peer harassment and even violent crime. As terrified as I am for myself in Mexico, I would be more so for my children. This will have an immeasurable impact on my wellbeing.

E. Citizenship

I love the United States of America and was born a citizen of this country. I do not want to live in any other country in the world. My family immigrated to the United States from Europe between three and four generations ago. My grandfather served in WWII, Korea, and Vietnam. My father served in the Air Force for 24 years, through the Cold War and Desert Storm (Appendix 66). As a child who grew up on military bases and followed my father from assignment to assignment, I developed a great love and respect for my country. I am completely immersed in the American culture and way of life, I know no other. It would be devastating to have to live in another country.

VIII. SPECIAL FACTORS

A. Lack o f Language Skills

I do not speak Spanish fluently. This would cause extreme hardship. I would be unable to find employment or make meaningful social connections. The isolation I would experience would be unbearable.

B. Gravely Dangerous Living Conditions in Mexico

I was born in the United States and have never lived in Mexico or even visited it overnight. I am not of Hispanic heritage and am Caucasian. I have light skin, light brown hair, and green eyes (Appendix 67) that would make it very obvious to people in Mexico that I am a foreigner. In addition, my inability to carry on a conversation in Spanish would necessitate my conversing with Alien in English. Both my appearance and my lack of language skills would make it easy for people to single me out for victimization or discrimination.

Mexico has serious problems with drug and gang related violence, kidnappings, police corruption and abuse, government corruption, discrimination based on religion, sexual violence against women and human trafficking (Appendix 68). Mexico is ranked number two in the world in the number of kidnappings that take place, many of which are against American Citizens. It is ranked third in the world for robberies and fourth for assaults. It is ranked fifth in the world for murders (Appendix 69). It has been suggested that United States Citizens avoid using public transportation, open access ATMs and free highways (Appendix 70, p.4-5). As I have already shown in section VI, we will be forced to live in an impoverished situation. I will be unable to afford to follow the State Department’s recommendations. Mexico is a dangerous place to live. I am unaccustomed to having to navigate such a society. It is unlikely that I could do so with success and this would result in significant harm or possibly death to me and my future children. The constant stress of having to be hyper vigilant and worrying about my safety will have an inexplicably negative impact on my health (see section IIA1 and IIB). I am terrified of the possibility of living in Mexico.

C. Religion

I was raised in the Lutheran Church – Missouri Synod (LCMS) (Appendix 71). I consider my relationship with God to be the most important thing in my life. 88% of the Mexican population claims Roman Catholicism as their religion. Protestants make up a small 6% (Appendix 72). In the United States I have access to numerous LCMS churches. There are 12 such churches in Somewhere. In contrast, I have been unable to locate a single LCMS church in the state of Somewhere Else, Mexico (Appendix 73). Even if I were able to locate an English service at a Catholic church, I would be unable to attend. Roman Catholicism’s beliefs differ greatly from my own (Appendix 74). According to the U.S. Department of State and other sources, discrimination and violence against Protestants occurs in Mexico (Appendix 75). Not only would I be forced to forgo attending church, which would be detrimental to my spiritual well being, but I would be at risk for discrimination and violence.

IX. CHARACTER STATEMENT

Alien is a good man. I have seen him hold an umbrella over the head of an elderly stranger in a gas station so that the gentleman would not get wet. I have watched him crawl under a stranger’s car in the Wal-Mart parking lot to help the individual retrieve a bottle of Sprite that had rolled away (Appendix 22, 34, 56, 57 & 62).

Alien is very contrite and sincerely regrets the circumstances by which he came to this country seven years ago (Appendix 76). His current immigration status causes my husband a lot of pain and embarrassment and negatively affects his self-esteem. Alien wishes more than anything that he could undo the one big mistake of his life. The 18-year-old who came to this country in a disgraceful manner has been replaced by a helpful, hardworking, and honest man. In our desire to obey the laws of this country to the fullest extent possible, Alien quit his job as soon as I was employed. While this has created financial strain, we love this country enough to make this sacrifice.

Alien loves the United States and plans to become a citizen as soon as he is able. In fact, he has already downloaded study materials in order to begin his studying early! He has spent practically his entire adult life here and has never been back to Mexico. The USA is his home now. Should Alien receive his permanent residency, my husband plans to obtain his GED in order to pursue a bachelors degree in business. He wants to open a construction company and contribute to our great society by stimulating the economy and providing employment opportunities in a Christian environment. In addition, Alien will have no trouble finding employment should this waiver be granted. He is highly skilled at EIFS and stucco application. He has received excellent recommendations from his former employers (Appendix 77) as well as repeated invitations to return to work. Should Alien be allowed to return to the U.S., there is no doubt that our financial future will be secure.

X. Summary

My husband is my best friend and I love him with all my heart. Since we met almost 7 years ago he has been my constant companion through good times and comfort in difficult times. We have never been apart for more than a few days. Even the thought of the time we may be separated during the review of this waiver is painful and anxiety provoking.

I cannot live in Mexico without suffering extreme and unusual hardship. If Alien is not allowed to return to the United States, my entire life will be impacted. I will suffer a decline in my physical and mental health, my education will be interrupted, I will suffer a loss of employment and career, I will have a severe decline in my standard of living, I will be separated from all my family and friends, loosing community and professional ties. I will be socially isolated, unemployed, and constantly terrified. I will be in physical danger and will be unable to worship as I desire. These factors would make it impossible for me to move to Mexico without severe and unusual hardship. At the same time, my profound attachment to Alien and my belief in the sanctity of marriage prevents my remaining in the United States without him. I am faced with an impossible dilemma.

In light of the extreme and unusual hardships that I would have to endure as well as the fact that Alien and I have a real marriage that is based on mutual love and common goals, I respectfully request that you waive the 10-year ban so that we can pursue our lives together in the USA. If he is allowed to come back to the United States, our country will have gained a responsible, hard working, tax paying, and law abiding individual. He will appreciate the freedom and opportunities that have been given him and we will spend the rest of our lives respecting the incredible gifts we have been so blessed to receive.

I sincerely thank you for your consideration.

Respectfully,

USC

[Chica Yeyé 41]

I am impressed. That dude, above, is my brother --- he takes after me

[~Laura and Nick~ 5]

Cin...

As I stated in PM...I loved meeting you and I'm so so sorry about all of this!!!

You'll get through it!!!

Keep focused, stay strong and keep your love alive.

IR gave you some great info there....you guys will make it!!

Give Anil a hug for me!!!

XO

Laura

If you need me, I'm here.

[IR5FORMUMSIE 850]

I am impressed. That dude, above, is my brother --- he takes after me

Thank you for those kind words Sis. I'm touched or is it tetched?