Dear Immigration officer,
I am writing this letter in support of the I-601A petition that I have filed for the Application for Provisional Unlawful Presence Waiver for my husband, xxxxx. I have already filed a I-130 petition, which has been approved, a copy of this approval is included at the beginning of the waiver.
RELATIONSHIP HISTORY
xxxxxx and I met in 2004 when his brother and sister in law bought the house next to mine. I had studied Spanish in school, and spoke it growing up, but had lost a lot of the language, and was excited to have a Spanish speaking family move next to me so I could practice again. xxxxxx was painfully shy, and only spoke in passing at several of the family functions that we were invited to at his brother xxxxxx house. It wasn’t until 2006 when I became separated from my abusive spouse that he began to talk to me more, as he and his father came over often to help with cutting the lawn, and doing maintenance to the house since I now lived alone with 3 daughters. I found xxxxxx to be compassionate and generous, and both of us shared a love of fishing and the outdoors, and we formed a friendship over several fishing trips to the local park. After several months of casual outings together, we both developed feelings for each other, and he moved in with me after a year of dating in 2007. We married in 2009 and have had 3 beautiful children together, along with raising my 3 daughters from my previous marriage. I can’t imagine a life without him by my side. He is my rock, my strength and my world and I can’t imagine a day apart from him. If his I601-A waiver is denied, it will not only cause extreme emotional hardship to our family, but dangerous medical hardships as well.
MEDICAL
We have a 3 year old son, xxxxxx who was diagnosed with ALL or Acute Lymphoblastic Leukemia in February of 2011. As per his doctors letters (Exhibit A) he is very frail due to undergoing chemotherapy to put his cancer into remission, and has several adverse side effects from the drug as outlined in their letters, is often hospitalized due to being immunosuppressed and needs me, the Petitioner and my husband the Applicant to be at his side to comfort and take care of him carefully during the next critical 2 ½ years of chemotherapy. He attends clinic to receive chemotherapy, and antibiotic drugs monthly (Exhibit B), is often very sick due to common illnesses such as a cold, or virus and has to be rushed to the nearest emergency room for blood analysis and immediate antibiotics to boost his failed immune system. This is critical as with anyone with cancer, the intensity of the chemotherapy drugs kills off and suppresses the immune system, and any mild virus or bacteria can be life threatening. The entire family receives monthly emotional psychiatric support (Exibit B) from the counselors at Duke Children’s Hospital for things such as financial services from cancer organizations, retreat information for families coping with cancer, and referral to outside sources for family therapy. xxxxxx has also been referred by Duke due to falling very far behind in his verbal, social, physical and emotional skills, and has in-home therapy three times a week to help him try and catch up with his peers. (Exhibit B)
It takes a lot of emotional strength to deal with cancer, and without my husband here to help I would suffer immense stress and inability to take care of our 17 month old properly (Exhibit L). Often times a child with cancer receives a large part of a parent’s care as they are constantly taking medication, having their blood drawn, and being seen in the hospital for illness. It is hard to care for a special-needs child in a two parent family, but with only having one I would not be able to care for my other 4 children in the manner in which they need to be cared for. xxxxxx is there to help take care of our 17 month old when I have to run xxxxxxl to the emergency room often in the middle of the night. I would not be able to leave her at home and would have to bring her to the ER putting her at potential exposure risk to bacteria and viruses without him to help. I am a stay at home mother to xxxxx and will not be able to return back to work until the end of his treatment in 2 years, as xxxxxx cannot attend day care due to germs, and catching possibly life-threatening infections from other kids, therefore xxxxx is needed to support our family financially.
We are lucky enough to live in a country with excellent cancer treatment, and often there are people who do research studies to improve the chances of survival for those on study and for future cancer patients. xxxxxxx has been enrolled on a research study (Exhibit C) where he will receive less chemo over time, but it should be just as effective as normal standard chemotherapy treatment. This reduces his overall side effects from medicine, and lessons the chance for severe immunosuppression. If we had to move to Mexico with my husband, he would not be offered a study like this, and would thus suffer more and have more chances of developing a secondary cancer in life.
ALL standard treatment here is the best that it has ever been, and the survival rate has increased dramatically over the last 20 years, however xxxxxx has several side effects from taking his chemotherapy drugs, (Exhibit D), and they are more severe for a young child than that of an older child. Already our son has suffered from the major effects of chemo, which is the main medicine to treat this type of cancer. He has had hair loss, mouth sores and several infections from various common viruses that have put him in the hospital for weeks at a time due to a suppressed immune system. He has had to have blood transfusions due to low blood platelets on more than one occasion and bruises and bleeds easily because of those low counts. He is often exhausted from this as well, and tires easily, even after only 10 minutes of moderate playing. He often experiences nausea and vomiting, and has both constipation and diarrhea from these medications. Experiencing this on its own is hard enough, but taking care of a 17 month old baby as well has been more than a challenge. It can often been an exhausting experience both physically and emotionally. Without my husband here for support, and to help take care of xxxxxx many needs and coping with the severity of his side-effects our baby daughter xxxxxx would surely suffer from always having to wait to be attended to, and of course xxxxxx would not be able to have much needed full attention from at least one parent to clean him up after waking up vomiting from chemo, or rub his little tingling legs when he is sore and tired. It would be harder to get him to the Emergency room in the middle of the night when he has a fever, an urgent medical situation in itself when you have Leukemia. In turn those late night ER visits would drag our daughter out of the house if my husband was not here to take care of her so that I can take xxxxxx in immediately to be treated.
In the after-treatment phase, children have several long term complications associated with the medicines they had to take while fighting Leukemia. Because this is an unwritten future for our son, I am already suffering high emotional stress and often feel like xxxxxx is the only person that I can turn to for emotional support since he as well is in the same situation and feels the same way. We both understand that these long term complications could be fatal, that our son’s cancer could return at any time after treatment, or he could suffer another type of cancer from the chemotherapy he took to rid himself of ALL. I can’t imagine facing this emotional rollercoaster without my husband by my side not only for emotional support, but to help me with the continuous doctor visits and hospital follow-ups that xxxxxx will have for the rest of his life. I can’t imagine juggling all of xxxxx future medical treatments by myself. Our son could have permanent osteoporosis from the steroids he has to take, and may not be able to have children. He has a significantly increased risk of secondary malignancy. These are issues that are life-long that I need my partner by my side to help with. Caring for a healthy child is hard enough as a single parent, but when you have a child that is chronically ill, especially one who could be chronically ill for the rest of his life it becomes extremely hard to take care of them without close personal support. Just running to the pharmacy to refill a prescription can be taxing when you have a child who is not feeling well, I need xxxxxx to be able to fill that other roll of caregiver so that I can give my son the best and healthiest chance at a normal life.
I have often thought of what I would have to do if my husband is not granted his Visa, and if I could honestly live in Mexico with my husband if he were denied. After doing several months of research on the treatment of ALL in Mexico, vs the treatment of it in the United States I have become aware that xxxxx is being treated at one of the best facilities that the USA offers (Exhibit E). xxxx Children’s Hospital and Health Center is not only conveniently located only 40 minutes from our house, it has been Nationally ranked as 27th overall for Pediatric Cancer Treatment by US Heath News. xxxxxx was given a very good ranking in its infection prevention program, very important when you have an immune suppressed system. It was given a Superior in ranking for their Bone Marrow Transplant services, important to us in case xxxxx DOES relapse after his treatment protocol, because that would be one of the services to look into if he does. They are also given a Superior in engaging parents and family, and I have experienced this first hand, as xxxxxx has gone out of their way for our family to not only accommodate us and answer our questions, but to get to know our son personally and take an active interest in him outside of his treatment. I feel like there would not be a hospital facility like this in Mexico where our son would receive such excellent care, and he would suffer from not being treated in a facility as excellent as this one.
While researching Mexico as well I came across the survival and mortality rates of ALL for both the USA and Mexico (Exhibit F). Based on the research done by the American Cancer Society, rates for survival of childhood Leukemia, specifically ALL have improved significantly here in the USA up to 90%. This was a study done on more than half of children that have ALL. This has jumped up from 83.7% for those diagnosed between years 90-94. Research studies and clinical trials have played a huge part in these survival rates as it has helped doctors learn the best drugs/dosages to administer to children.
On the other aspect of all of this, mortality trends among young children and adolescents in Latin America ranks Leukemia as first among cancer-related causes of death among children and young adults in Mexico. Publication Rev Panam Salud notates that the treatment protocols for this age group are not well defined, and the patients are not treated in specific cancer-related wards in hospitals. It also goes on to point out that the Latin Heath Care System has also been a large contributor to the survival rate decline. There is very unequal access to the system and even if effective international protocols to treat Leukemia are available, they are often not readily accessible to the general population. I could not move my son to a country knowing on the income that my husband would make, that we would be putting our son’s life at risk because we may not have the income to pay for treatment for his cancer. I don’t know what parent would knowingly take the risk of moving to a country where the health system shows a significant increase in mortality rates to treat an illness that one of their children had that would be insane. We are very lucky to live in a country that offers some of the best health care in the world, and I am blessed that we live very near a world-renowned health facility, that specifically has clinics for pediatric cancer. I could not move to Mexico to be with my husband, as much as it would tear me apart, knowing I would be putting my child’s life at risk by doing so, and I know my husband would not allow me to live there knowing his son’s life could be at risk.
Our beautiful son’s cancer is a major cause of stress, sleep-deprivation, depression and financial burden. My husband receiving his visa would ensure that I have someone here to help me take care of our son not only in the interim but the future by providing support not only emotionally and mentally, but financially and physically. It would mean that our daughter would always have a parent by her side for her immediate needs, and that my son would be the primary focus of care and nurturing from either myself or my husband depending on what was needed. We would be able to keep our team effort in taking care of both of our small children, and I would be able to focus as well on my older three children from my previous marriage to make sure that they are not neglected during this trying time on our family. These are hardships that are extreme to our family, and I believe would be extreme to anyone in the same situation. Although this major medical hardship is not my own, taking care of xxxxxxx and his medical needs because he is a small child is a full time job for me, and I would lack a critical part of that day to day care if my husband was not able to reside in the United States with us.
I as well have suffered my own medical hardships through my life (Exhibit G). In 1995 I suffered a round of kidney stones and was rushed to xxxxxx Hospital where they were unsuccessful in surgically removing them. Since that time I have had several bouts of severe urinary tract infections, bladder infections, and kidney infections. I have been on several courses of strong antibiotics to treat the infections, as well as post-coital preventative medication to keep the infections at bay between treatments. In 2005 I had an ultrasound done due to upper right quadrant pain and was found to have a small fatty tumor on my right kidney. In 2006 I was again rushed to the Wake Med Hospital ER with suspicion of Kidney stones, and was found to have nephrolithiasis or acute renal colic, and though a small stone was found to be forming, it was left alone until it could grow to a size to be removed.
I also have had ultrasounds done of my ovaries and uterus. It was found that I had fibroids and small clusters of ongoing cysts on my ovaries. In 2008 I had a large gross benign tumor removed from my left ovary due to the size causing severe pain.
I have also been on high blood pressure medication since giving birth to my twins in 1994. Going without medication for treatment of this makes me light-headed, have a rapid heartbeat, and severe headaches. I cannot be without medication for more than a day without developing severe symptoms from the high blood pressure. This has been noted as being a hereditary condition, as well as having stress from my son’s illness. Although medication to treat this condition in Mexico is readily available, on a very tight income which we would have living there, it would be difficult to continue to purchase (Exhibit J).
In June of 2003 I had Gastric Bypass Surgery, prescribed to treat my morbid obesity, sleep apnea and shortness of breath. I was having several complications from being morbidly obese, and elected to have this bariatric surgery to help control my weight. Although the surgery was successful in me losing 140 pounds, I have to stick to a strict diet, not just to control my weight, but because this specific type of surgery restricts the absorption of nutrients, vitamins and minerals, I will have to be diligent to stay on supplements for the rest of my life. Supplements that I take that will always be needed include calcium, iron, b-12, zinc and thiamine. Without these much needed supplements I could suffer from conditions such as hyperparathyroidism and advanced early osteoporosis from lack of calcium absorption, anemia from low iron, depression, hair loss and amnesia from zinc deficiency and permanent neurological damage from lack of thiamine. I also have to drink two to three protein shakes a day, to make sure I am getting enough protein into my diet. Without this I would have excessive loss of muscle mass, nausea and hair loss. Again though most of these supplements are made readily available in Mexico, the quantity needed to maintain a healthy lifestyle for myself would be costly, and may not be afforded on a small income. It is difficult to get protein supplements in a rural town in Mexico as well, and that would place a burden again on maintaining a healthy lifestyle (Exhibit K).
In 2008 xxxxxx and I were pleased to find out that I was pregnant and due in June of 2009. Although my divorce had not been yet finalized due to certain demands from my ex-husband we both knew we would marry as soon as it was finalized and continue with our plans to have children and a life together. We both looked forward to the birth of our daughter, and I made sure to eat healthy, take my vitamins and medications, and get plenty of rest. I had a blood pressure spike in January of 2009 which I was taken to the ER for, but I was monitored, my blood pressure medication was increased and I was sent home. In Februrary of 2009 I realized that my feel, face and hands had swollen significantly overnight, and made an immediate appointment with my OBGYN. I went in to find that my blood pressure had spiked to a very dangerous level, and that I was consider Pre-Eclamptic. Due to the fact that our daughter xxxxxxx was only 24 ½ weeks gestation at the time, I was send via ambulance to a larger hospital that could handle a premature baby of that gestational age. I was put on IV medications, and closely monitored. After 4 days even though my blood pressure was being controlled with medications my pressure suddenly spiked, and I was rushed to have an emergency C-section. xxxxxx was born 1 lb 3 oz and though she was tiny, seemed strong and was beautiful. However in the following days she was found to have a bowel obstruction and needed delicate surgery to have it removed. I was discharged from the hospital a few days later, and xxxxxxx and I talked of Quinceañeras and weddings. However after 2 days being home from the hospital we received a call that Eva was deteriorating rapidly. On March 5th our beautiful xxxxxxx was taken off of life support while in xxxxxx arms, and passed beautifully into the arms of God (Exhibit H). This was the hardest time in my life, and without xxxxxxxx by my side, grieving with me I would have never made it or be making it still through this horrible loss. I developed a severe complication immediately afterwards, my C-section incision opened back up and I developed several large clots in the incision. Because the incision could not be sewn closed xxxxxxxx had to pack my almost 2 inch deep wound with wet/dry gauze twice a day for almost two months until the incision closed. There isn’t any way I could have done this without him. I am still relying very heavily on my husband on the anniversary of our baby’s birth and death, and if he didn’t reside by my side, I know that I would fall very rapidly into clinical depression from both that and dealing with our son’s Leukemia (Exhibit I).
FINANCIAL
From my previous marriage have three beautiful daughters, two of which reside in the household with me and my husband. We are both pleased that they have both been accepted to the University of North Carolina at Greensboro into their pre-nursing program (Exhibit N). As you can imagine, sending one child off to college is an expense, sending twins is a major cost. I have included a break down of the financial aid that my twins have been offered, however they will still need to take out loans, and pay out of pocket, in which xxxxxxx is covering the expense as my ex-husband has declined to help out. He has graciously been the one to supply them with many of their dorm needs, something that will come up throughout the year. My twins will need constant financial support throughout their four years of attending this University, and my husband has stepped into the roll of being there for them when the need extra money for whatever fees may come up. If I were to move to Mexico to be with xxxxxxx, they would not have anyone to help support them throughout their four years at school. They would be forced to work giving them less time for schoolwork, and a less likely chance of maintaining excellent grades in their very competitive program. My twins are dependent on their stepfather to help them financially through these next four years so they can be as successful as possible in their life after college.
I have also been receiving child support for my twins from my ex-husband over the years, though he pays the minimum so as not to be incarcerated (Exhibit O). My ex-husband owes arrears in which he has agreed to pay a sum every month until they are paid off. Although this sum every month is not incredibly substantial, it will help to provide allowance for my twins for whatever they need for college at least until the arrears are paid off. If I were to move to Mexico I would stop receiving this money for them, therefore making it harder for them to live and go to college without having to work to pay for daily items they may need.
As you can imagine having a son with cancer is completely financially draining. I had expected to stay at home with our children until they were around a year old, then return to work and place them in daycare. After we found out that xxxxxxx had cancer, the decision was made for me not to go back to work. The risk of putting our son into a daycare while he has complete immune suppression not only would be risky due to infection, but costly as we would more than likely end up in the hospital for weeks at a time, in which case I would inevitably have to take time off of work to stay with him, and my husband time off of work to care for our 17 month old while I stayed with our son in the hospital. For that reason I elect to stay at home with our son and daughter until my son has completed his treatments, right before he turns five and enters kindergarten. My husband is the sole bread winner, and we depend on his income along with my son’s disability to pay for all of our bills, and co-payments and gas to and from all of xxxxxx many clinic visits. If I had to return back to work because my husband was not here, I would not only struggle to make ends meet just for the family, but more than likely use up all my vacation time quickly, as I’m sure xxxxxx would be sick from exposure to different viruses in a public daycare setting. This is a huge hardship on our family. I have included some of the expenses we are experiencing from our son’s cancer. (Exhibit P) We are truly blessed that we receive Medicaid, however they do not cover the complete cost of care and we do have to pay a certain amount toward all of his bills. Something I would not be able to achieve without my husband’s income. That being said, Medicaid pays the majority of our bills, and we would not be able to receive that in Mexico. Even though there is government subsidized insurance in place in most areas of Mexico, it is not nearly as comprehensive as what we would receive here in the United States, and we would again struggle to pay for our child’s urgent ongoing care for his cancer. I have also included some bills from his three time weekly therapy visits that xxxxx needs for speech, occupational and physical therapy (Exhibit P).
I have put together a summary of the cost expenditures for ALL compared between the USA and Mexico (Exhibit Q). I compared having state funded Medical Insurance in Mexico and it was found that average cost of hospitalization for ALL was 7,318 pesos, which turned out in 47% of households to exceed 100% of the total household income. I could not live in a place where even with the help of government subsidized insurance we were using 100% of our household income, it would be impossible to take care of my 17 month old daughter, and I would not be able to send any money back to the United States to help my other three daughters out. Most Mexican households that cannot afford the care, end up with compromised continuity of care, which can be fatal in a child with cancer.
This takes me into what our household income could possibly be. My husband works as a construction worker putting down concrete. If he were to find a job with this skill in Mexico he would only make on average 209 pesos or average 1000 pesos a week in Veracruz, where we would live to be close to family (Exhibit R). This not only would not cover the cost of medical care for our son, but would be well below the average country cost of living and would barely get us by just on normal needed day to day items alone. The average cost of a one bedroom apartment in Veracruz is about 1650.00 pesos, that would be my husband’s entire salary. Working here in the USA he makes an average salary, and with his Visa he would be able to average more, as the salary for our area is around 40K a year. We can afford to pay rent on this salary, as well as keep the payments up on the monthly cost of our son’s medical bills. It would be a struggle for us in Mexico to do this on the small amount that he would be earning.
CRIME/SAFETY
In the past few years the beautiful state of Veracruz has become much more volatile and riddled with violent crime (Exhibit S). We would have to move to Veracruz to be close to family who would be able to help out with the kids, and be close to my husband’s sisters. There are travel warnings out from the US Dept. of State on Veracruz stating in recent months they have seen an increase in violent gang-related crime. Due to the fact that we would more than likely have to take our son to many Emergency room and clinic visits, possibly in the middle of the night, it would be very dangerous to have to live in a place that has gang related drug activities. It would put our family at risk, and I would live a very anxious, terrified existence. There have been several reporters that say that Veracruz is the most dangerous state right now just to report from. If reporters are fearing for their lives reporting violent crime, it makes me wonder how much is not going reported for fear of repercussion, and the state could be much more dangerous to live in then previously though. Veracruz has seen a 100% crime increase in the last 3 years, most specifically dealing with people using or dealing drugs. Having to grow up with cancer is enough, but I fear living in a place where my kids would be exposed to violence and drugs, especially while having to take our son to regular doctor visits. We would not be able to just live behind closed doors with his condition as he requires weekly care. Going out into the streets of Veracruz would make me very nervous and fearful for my and my kids lives.
Summary
If my husband had to move back to Mexico not only would my family suffer extreme emotional turmoil, but our son would surely suffer setbacks in health, speech, emotional behavior and mental stability. His father is his rock. When he was first diagnosed with cancer his Papa was the one who constantly held and rocked him, he feels the safest in my husband’s arms, especially during procedures. My husband is here to help take care of our 17 month old when we have to take turns with xxxxxxx many medial visits, he financially supports my twins and our two kids by working diligently, and he has been a solid loving husband to me the entire time we have been married. If he was not granted a Visa our very delicate balance that our family exists in would be shattered to bits. Only my husband besides myself knows the signs of when my son’s blood levels are falling, and when to check him for fever and when to take action and call his Oncologist. I have no family members close in the area that do not work that could be there to take our 17 month old during our many ER visits. He has been everything for us, and just the through of living without him on top of everything our family has been through this year fills me with panic and dread. He is excited to try and further his education, and make a better life for his family through the granting of his Visa, and wants to become a US Citizen. He is kind and generous, and I can’t imagine not living out the rest of the days of my life with him. We all depend on my husband very much, and because my son’s condition is so serious, we need him here in the United States as soon as possible as a Legal Permanent Resident. I thank you for your considerations, and pray that you will allow our family to stay intact.
Most Sincerely,
xxxxxxxxxxx