Case No: xxxxxxx
Petitioner: xxxxxxxx
Beneficiary: xxxxxxx
Application for Provisional Unlawful Presence Waiver (I-601A)
To Whom It May Concern:
I, xxxxxx., a United States Citizen (See Exhibit A), declare under the penalty of perjury, under the laws of the United States, that the following is true and correct.
I am writing to you this letter to demonstrate the extreme hardship I will face, if my husband xxxxxx is not allowed to come back to the U.S. This will cause me either to move to Lima, Peru with him and wait for his ban to be over or remain in United States and wait for him to be able to come back and face the struggle and anxiety of being apart from each other.
I met xxxxxx on April of 2007, it was the night of my birthday. Our relationship is the best thing that has happened to me. We had our ups and downs, like any other couple, but little by little it grew stronger and now I can only see myself growing older with him. He is not only my husband, but also my soul mate and my best friend. His support, love and dedication has made me the person I am today and I cannot imagine living without him a single day.
I am pleading that you will approve our commitment and love to one another, and forgive my husband, xxxxxx for his over staying in the U.S. on his C1/D visa.
There are many factors that would demonstrate the extreme hardships I would face in the event of his waiver being denied. Below, I have marked the extreme hardships including medical, family and professional ties to the US, the financial impact of my husband being away, or myself moving to Peru, also Peru’s safety and country conditions and cultural impact.
Medical
In 2008, I was diagnosed with HIV (See Exhibit B). After noticing my health decreased; and with the support of xxxxx, I decided to seek treatment.
When I was diagnosed my CD4 T cells were 335 and with a viral load of 565,270 copies/ml. (See Exhibit C), Normal CD4 count ranges from 500-1,000 cells/mm3. (See Exhibit D). The lower your CD4 T Cells are the higher the risk to get any opportunistic infections or worse develop AIDS.
Going back to healthy levels was extremely crucial. After discussing treatments with my Doctor, and with the moral support of my loving husband, I started taking ATRIPLA once a day (See Exhibit E). Now, I can say that my CD4 T cells are 770 and my viral load is 82H <20 copies/ml. At this number, you are considered undetectable (See Exhibit F). Taking ATRIPLA once a day, with very close monitoring from my doctor, and also keeping my stress levels low are vital for me in order to keep my T cells at healthy levels. I am trying my best not to worry but facing the possible reality that xxxxx could be banned from entering the U.S. will give me so much stress that there are days I cannot sleep, and that risk my T cells to drop (See Exhibit G). Furthermore, ATRIPLA is a medication that is not yet available in Peru, (See Exhibit H). Doctors say you should never switch medications unless the virus shows drug resistance, or there are severe side effects. In my case; I have no side effects and the medication is working very well on me, as you can see on my lab results. I have an excellent insurance provide by my employer, the University of Miami Hospital, which covers my medical, dental and life insurance, (See Exhibit I). Moving to Peru will jeopardize not only my health, but I will also lose my medical coverage. Peruvian treatment guidelines are not at the same level as the US. You need to be at count below 350 CD4 T cells in order to get treatment, due to Peru’s fewer resources compared to the US, (See Exhibit J). That means that I would have to put my health at risk and let my T cells drop in order to get treatment in Peru. If I were to move to Peru with my husband, I will be sacrificing my successful treatment, and would have substandard care in Peru. I do not speak Spanish, and I would not be able to communicate my medical history, symptoms, or concerns to a doctor in Peru.
Taking my medication every single day, having close medical monitoring, being active, stress free and having the best health care system is crucial for me. Here in the United States, I not only feel confident that I receive expert care, have access to the best and more advanced treatment an American Citizen can get ( See Exhibit K).
Family Ties in The U.S.
I was born and raised in New Castle-Pennsylvania, in a very close family environment. All my family and relatives live there but in 2005, as a recently divorced man, I was having a really hard time making a living. I did get a better job opportunity, so I made the hard decision to move to Florida. Moving to Florida not only gave me a better job but helped me to find myself as a gay man. I always had the support of my whole family; then years later, xxxxxx and I met. My family welcomed him as a member of our family, since we started dating in 2007. I have 2 beautiful daughters, Kay who is 19 and just started college and Eeee who is 15, and she is still in high school. They are my biggest praise and the love of my life, they not only have accepted me for who am I but also have welcomed xxxxx as part of our family. Thinking that my life away from them, makes me lose sleep at night. I travel to see them as much as I can, and our communication by letters, emails, texts and phone calls is part of our everyday lives. I am a very dedicated and responsible father. I still pay child support for my younger one, Emily. The monthly child support is $343.42 a month and it needs to be paid until she is 18 years old and out of high school (See exhibit L). If I were to move to Peru with my husband, it would make it almost impossible for me to keep up with my responsibilities as a father. To take Eee with me is out of the question. Her mother won’t allow it and second of all because we want our daughters to have the best life and education they can have here in the United States. My mother also comes to visit at least once a year; and if I were to move to Peru with my husband, it would be almost impossible for my mom or my daughters to come to visit, or for me to fly back to the United States as often. Plane tickets to fly from or to Peru are on average of $700 to $1500 (See exhibit M). I get depressed just by thinking that I would not be able to travel to see my kids as often as I do now, or to help my parents as they get older.
In 2012, my only brother suddenly passed away at age 32 leaving a big empty space in our lives (See exhibit N).He also left a son with no father. Now, more than ever my parents need us. We are their only emotional support; I cannot explain with words how difficult it is for me to cope with his death, not to mention how tragic it is for my parents losing their younger child. Parents should not bury their children.
I am trying to be the best son I can, now that I am the only child they have. xxxxx has been there for my parents and me in our moments of sorrow, and I can say that they see in him the son they have lost. If we were to move to Peru, it would bring back that horrific feeling of losing a child again. Also, my parents are battling grandparent visitation rights and we are the only support they have.
I cannot say enough how much I love my family, and I cannot describe with words how hard it is for me to deal with this situation because my family needs me. If I were to move to Peru with my husband, my family would be broken. If xxxxx is not admitted back to the United States, I will be forced to choose between my husband and the rest of my family. This situation will create emotional and financial distress with extreme hardship for me.
Professional
I am a Registered Respiratory Therapist with 17 years of experience in my field. I work for The University of Miami Hospital as a Respiratory Therapist and my current salary is $29.99/per hour and my monthly income is $3,375. (See exhibit N). If xxxxx is not admitted to U.S., I would have to quit my job and I will also lose all the great benefits I receive through my great employer. The minimum wage in Peru is $288/per month (Exhibit L), a nurse salary is about PEN 1791-2531 ($241-$907) just to use as an example and that would be a dramatic deduction in my current salary. It would be impossible to find employment in Peru with a salary comparable to the salary I am earning in United States. If I were to move to Peru with my husband I will face the reality that my profession does not exist there. I have contacted the Universidad Cayetano Heredia’s Director (Dr. Fabiola Leon Velarde) to see if I could validate my profession (See Exhibit O). After her consultation with university board they came to the conclusion that I could be a Medical Technologist after meeting their standards requirements and having 202 credits earned. My profession (Respiratory Therapist) is a 76.5-79.5 credit program here in the United States (See Exhibit P). In other words, I would have to go back to school in Peru in order to be a professional. Before that, I would have to learn the language and apply to get into college. It would take me at least one year to be able to learn spanish before I would feel capable to study there, and what worries me is that I won’t be able to meet all my responsibilities left in The States. Starting a new career in Peru, will be extremely difficult since I do not speak, write or read the language.
The Central Intelligence Agency (CIA) declares about Peru that “Despite Peru's strong macroeconomic performance, dependence on minerals and metals exports and imported foodstuffs makes the economy vulnerable to fluctuations in world prices. Peru's rapid expansion coupled with cash transfers and other programs have helped to reduce the national poverty rate by 28 percentage points since 2002, but inequality persists and continues to pose as a challenge”, (See Exhibit Q). It is virtually impossible that I, an American who does not speak spanish, or know anything about the country, will be able to secure any kind of employment at all.
Financial Considerations
Due to my education and many other expenses that I face alone, now I owe a lot of money. When I met xxxx in 2007, I was working for a traveling agency that not only paid my salary but also my rent. In time, the hospital I worked for didn't need me as a contract employee anymore. Then, it took me 3 months to find work but luckily I was able to get full time status at the hospital I actually worked for. I was now receiving a good salary but also getting health care insurance. Times were tough! I was still carrying my own bills from the past, student loans, credit cards and also paying child support for 2 kids at that time. With help of xxxx’s salary, things did improve. With 2 incomes, we were able to pay at least on time, all my personal debt and live accordingly. Rent was increasing due to Miami’s real estate boom development; and it didn't make any sense to keep paying rent when a mortgage would be about the same. So, with the help of my parents we were able to finally buy our dream home, but with that many more bills and responsibilities came along. As I mentioned above I work for The University of Miami Hospital as a Respiratory Therapist and my current salary is $29.99/per hr. I work an average of 36 hours a week and my monthly income is $3,375 (See Exhibit R-1). xxxx works as a waiter and his average monthly income is $2,057 (See Exhibit R-2). Our monthly expenses does not include clothing, home maintenance and repairs and they are as follows:
Monthly Income Income 1 $3,375
Income 2 $2,067
Total monthly income $5,442
EXPENSES MONTHLY PAYMENT BALANCE
OWED Exhibit
Mortgage $2,000 $205,144.70 S
H.O.A $71.13 S
Home Security $44.97 S
Electricity $134.50 S
Water & Sewer (quarterly) $65.07 S
Cable $133.76 S
Internet $49.95 S
Car payment $396.08 $23,398.62 S
Car Insurance $275.31 S
Fuel $200 S
Sun Pass (tolls to work) $50 S
Groceries $520 S
Pet food (Jake) $60
Vet & Grooming (Jake) $100 S
Gym Membership’s $64.18 S
Student loan $127.04 S
Personal loan $177.82 S
Discover Credit Card $140 $6,931.14 S
Citi Credit Card $100 $2,917.48 S
Citi Furniture $100 $854.89 S
Dell $100 $490.00 S
Other (Dining out) $300
TOTAL EXPENSES $5,209.81
Combine income - $5,442.00
Actual Income left
minus expenses $232.19
If xxxx is not admitted to the U.S., I won’t be able to meet all our financial obligations. If I can’t pay all the bills I will be in financial ruin. I just bought our house 2 years ago, and even If I sell it, it wouldn't cover all the debt I have. The economy in Peru is not as good as here in the U.S.
And even if both my husband and I were able to get jobs in Peru, we would not be able to pay our debt in the U.S., debt that I would still be liable for paying.
Salary difference is remarkably unreasonable, not to mention that it would take me months to get a job. If I were to move to Peru with my husband, I would not be able to pay back all my debt, child support and I will have no other choice to declare bankruptcy and ruin my good credit that took make years to build.
If I would be living for a long period of time in Lima with my husband in a relatively safe neighborhood our monthly expenses would be as follows:
Monthly Budget in Lima, Peru PEN USD
Housing
Rental 1,500.00 535.71
Maintenance and Home Security 200.00 71.43
Electricity 110.00 39.29
Internet and TV cable 200.00 71.43
Cell phone (2 equipment, 200 min/month each) 120.00 42.86
LPG (for kitchen) 40.00 14.29
Domestic expenses
Food supplies 1,000.00 357.14
Personal cleaning 100.00 35.71
House cleaning 80.00 28.57
Laundry 80.00 28.57
Transportation
Gasoline (average sedan car) 400.00 142.86
Public transportation 200.00 71.43
Taxi Cab services 100.00 35.71
Clothing
Average (2 people) 500.00 178.57
Services
Housekeeping (once a week) 200.00 71.43
Dining out (twice a month) 200.00 71.43
TOTAL 5,030.00 1,796.43
Country Conditions in Peru
The U.S. Department of State, “rates Peru “critical” for crime due in part to have one of highest reported crimes in Latin America”. The regional Security Office (RSO) consider the following neighborhoods to be relatively safe: Miraflores, San Isidro, Barranco, La Molina, Camacho, San Borja, Monterrico, and the eastern section of Surco. We won’t be staying in one of the “safe” neighborhoods mentioned above and it worries me that as a bold, blue eyed American, I would be easily identified, and at great risk. Also, according to Peruvian National Police (PNP) statistics, assaults and robberies involving violence have been on the rise over the last five years. Peru’s murder rate is also climbing with a total of 1,669 murders committed in 2013, approximately 248 more than 2012 and 420 more than 2011. This would be my first time going abroad and as an American who does not speak the language or know my way around, I am very afraid that I would be an easy target for crime like theft, pickpocketing or even kidnaping. I feel that Peruvians have the wrong idea that all Americans are wealthy. In the latest report by the U.S Department of State dated 5/28/2014, it states that “Violent crime has increased over the last few years, especially crimes of opportunity such as robbery, carjacking, vehicle thefts, and kidnapping. Armed robberies, assaults, express kidnappings, carjacking, burglaries and petty thefts are a daily fact of life” (See Exhibit T).
I have never been to a foreign country. If I moved to Peru with my husband, we would be living on rural area in San Juan de Lurigancho, Lima. We would be staying with his parents in a multi-family house, while we have our own home here in the U.S. (See Exhibit U). I will be in constant alert and fear for my life and my husband’s life as well, since now he is married to an American Citizen.
I cannot describe the fear I have, and the cultural shock I would face. For what I have read and watched on the news, Peru is a country where the macho society prevails and there is a stigma about what gays are, objects of affection as simple as holding hands are not seen well and constant hate crime is a norm. I cannot imagine living our lives in a place where I would be afraid to hug or hold my husband in public or to walk by myself.
The L.G.B.T. community struggles to be accepted and hate crime is a constant issue in Peru (See Exhibit V).
Lack of Spanish
As I mentioned before, I do not write, read or speak spanish. Learning a new language takes time and taking spanish classes in Lima is very expensive. The cost per month is $1,032 on average (See Exhibit W). It would take at least six months to a year to learn some of the basics and an average of $6,000 US Dollars, money we don’t have. The inability to communicate in spanish would drastically disrupt most aspects of my life and it worries me that I won’t be able to find a job, or do regular activities or go anywhere by myself.
Conclusion
I plead that you show mercy on our family and allow my husband, xxxxx to return home with me. I cannot live in Peru without suffering extreme, severe and unusual hardship. If xxxx were not allowed to return to United States, my whole life will be completely impacted.
I ask you sincerely to take into consideration all these hardships and unbearable decisions that I would face while separated from my husband. Without xxxxx, I lose not only half of the financial part of our household but a huge piece of my heart as well. I will miss him painfully and our family will be torn apart.
In conclusion, I respectfully request that you waive the 10-year ban for xxxxx, so we can pursue our lives together in this wonderful country we call home.
Sincerely,