Petitioner: *******
Applicant: *******
Re: Application for Provisional Unlawful Presence Waiver (601A)
Case Number: *************
Dear Sir or Madam,
I, Brittany ******, declare under the penalty of perjury, under the laws of the United States, that the following is true and correct to the best of my knowledge:
I, Brittany *******, an United States citizen am writing this letter to express the extreme hardships that I will face if my husband, Cesar ****, were to be separated from me. There are several factors that will create extreme hardships for me if I were to reside in the United States without my husband or to accompany him to Mexico; including my health issues, my psychological well-being, economic reasons, family ties, career advancements and educational opportunities, religious beliefs, personal safety, and future children. It is imperative to my well-being that my husband resides with me in the United States.
Background Information
I met my now husband during my first semester in College. We met in the Fall of 2007. We met through mutual acquaintances. We dated from November 2007 to March 2012 when we tied the knot on March 3, 2012. We were surrounded by our immediate family members in a small church wedding in a rural area in Kentucky. We support each other in every way. He is the type of husband that values the small things. He does the things that he knows I appreciate. Whether it is, taking out the trash to packing the dirty clothes down to the basement, he is always thoughtful of how his actions affect others. He does all the heavy housework around our home. I have never mowed the lawn, taken out the trash, assisted in any of the gardening tasks, and he always assists with cleaning our car. These things alleviate much stress and allow me a considerable more amount of time.
I. Medical
Depression and Anxiety
I am currently receiving treatment for Depression and Anxiety. I have a history of mental illness (Exhibit A). I have been recently diagnosed with Trichotillomania related to my anxiety disorder. Trichotillomania is an impulse disorder that causes one to pull their hair out (Exhibit B). When I become anxious I begin to pick at my hair and break off pieces of my hair. My hair is noticeably shorter in several places due to the compulsive pulling. I was diagnosed with Depression and Anxiety as an adolescent, and was put on the anti-depressant Zoloft at the age of sixteen by my Primary Care Physician, Dr. Phillips. I suffered alopecia due to extreme anxiety and depression. I have now been on anti-depressants for the past eight years. I began seeing a therapist in April 2014. I have been seeing Jennifer Bettersworth, LMFT, MA at Chestnut Park Professionals, LLC in Bowling Green, KY. She specializes in assisting clients that have been diagnosed with Depression, Anxiety, ADHD, Autism, Behavioral Concerns, and Attachment Difficulties (Exhibit C). My Primary Care Physician recently recommended that I add the medication Abilify 2mg to assist with my diagnoses. My physician prescribed the medication to me but I was unable to continue taking it. I am currently unable to take this medication due to the medication being extremely expensive. Research has indicated that the generic for Abilify will not be available until April 2015. The price of the medication ranges from $4 a pill to $8 a pill. The severity of my Depression and Anxiety has been at an all-time high since the beginning of the immigration process. The prospect of being separated from my husband for any amount of time has caused me great distress and anguish. There are several reasons as to why I would be unable to accompany my husband in Mexico. The relocating to Mexico would greatly exasperate my current symptoms. I would be away for an extended period of time from my family for the first time. My family is such an important part of my everyday life. All of my immediate family members reside in the United States. In which, all live in Kentucky other than my eldest sister that is Active Duty in the United States Air Force. Not only would I lose a part of my support system I would be unable to receive the medical attention that is needed to treat my Depression and Anxiety. It essential to my treatment that I attend my therapy sessions and that I am able to take my anti-depressant daily. My primary care physician has now prescribed me a new medication to combine with my Zoloft. He informed me that this medication will assist me when my anxiety is extremely high and I begin to feel very depressed and hopeless. I began taking Klonopin 1 mg (Clonazepam) in December 2014. My primary care physician noted my recent weight gain. I have been emotionally eating and this has caused weight gain. I fear that my weight will continue to increase. I am currently at my highest weight of approximately 290 pounds. My primary care physician has expressed the importance of losing weight to lower my risks of many serious illness/diseases. Many of my symptoms of Depression cause me not to participate in physical activity as well. Prior to the increase of severity of my Depression and Anxiety I had a gym membership, took walks around the neighborhood and used in home exercise videos. At this time I feel mentally and physically exhausted the majority of the day. It has become increasingly difficult for me to get up in the mornings. My husband and our life together is my biggest motivator to get up and get through the day.
If I were to continue to reside in the United States without my husband I fear that I will increasingly become worse. My psychological wellbeing would be at risk. My husband is such a strong supporter and his absence in my life would be detrimental to my mental health. There are several reasons to why I need my husband here with me. Most importantly, my husband has always been there for me when my symptoms worsen. In his absence not only will my symptoms of Depression and Anxiety be increased I will not have my main supporter by my side. As well, the therapy sessions that are essential to my treatment are very costly at $125 per session. I have been seeing my therapist approximately twice a month which has been around $250 out of pocket a month. It would be impossible for me to continue to receive these therapy sessions. My income alone would not allow me to afford this. My husband has always pushed me to take care of my health and to seek medical attention when needed. Without his support I would not have begun seeing a therapist in the first place. I have felt very guilty about spending so much money on my therapy sessions but he has always assured me that I need to get help and he will do everything he can to get me the help I need. I know that this will not be possible while he is in Mexico. We will both be struggling to make ends meet. I also worry that my weight gain will continue more rapidly during the time that my husband is away from me. I will be even less motivated to cook on a regular basis and try to eat healthy. It is very likely that I will continue to overeat and eat to deal with the anxiety and depression. It is also a strong possibility that without my husband’s support and motivation I would be unable to continue being employed. My husband with me in the United States would allow me to continue to treat my diagnoses.
Chronic Urinary Tract Infections
I have suffered from chronic Urinary Tract Infections for the past several years. I have had very frequent doctor’s appointments due to the severity of the infections. The UTI’s make it impossible to focus on any task at hand until the infection is treated. The severity of the pain is indescribable. There have been countless nights when I was unable to sleep or even leave the bathroom due to the extreme pain. My husband has always been there for me when I needed him to get my medications, get my heating pad and emotionally supporting me. He understands the frequency and severity. I have now been prescribed by my Urologist, Lauren Myrick, NP, a lower dose antibiotic to take on a daily basis as needed (after sexual intercourse (Exhibit D). Prior to beginning the low dose antibiotic I would say that I averaged having one to two urinary tract infections a month. I can recall times when I was completing home visits for my job as a Support Broker/Case Manager and having to leave early to go to the doctor because the pain was so debilitating. The infections last approximately three to five days and require an antibiotic to clear up the infection. I often have to use an over the counter urinary pain reliever to subside the symptoms.
If I were to reside in Mexico with my husband I would be losing the medical care that I desperately need to treat my chronic UTIs. I would be unable to function properly without seeking medical attention that we would not be able to afford in Mexico. Leaving a urinary tract infection untreated can be very detrimental to my health and psychological well-being. Untreated urinary tract infections can lead to dehydration, kidney failure, sepsis, and death. As well, it has been noted that it is especially dangerous in pregnant women. Untreated UTIs can lead to premature delivery and low birth weight. It is essential that my UTIs are treated as soon as symptoms begin occurring (Exhibit E).
If I were to live in the United States without my husband my urinary health would be hindered if I were unable to receive the needed care due to not having the financial means. I would also not have my main supporter when I am experiencing debilitating symptoms. As I stated before, my husband is always sympathetic and supportive when I am suffering from symptoms. It is likely that I would need to miss work on occasion to be treated and this would further affect my financial stability.
Chiropractic care:
I began Chiropractic care in November 2013. I was having severe headaches on a daily basis. As well I had several back and neck issues. I began my treatment with Dr. Brumlow after having x-rays taken that revealed a reversed cervical curve of the spine. A reversed cervical curve creates stress on the neck that causes significant pain and discomfort. As well my head is tilted to the right while my neck is titled to the left. Dr. Brumlow indicated that this causes the nerves to be pinched. As well I have dislocation and subluxations of the vertebrae (Exhibit F). My continued treatment and adjustments are crucial to my physical well-being. My chiropractor recommends that I continue to be treated each month to prevent further damage to the cervical spine and to continue to relieve the symptoms. If I were to accompany my husband in Mexico I would be unable to continue my essential chiropractic care. I have become very comfortable with my doctor and I believe having a good and trustworthy chiropractor is very important. Even if I were able to afford a chiropractor in Mexico I would not be able to communicate with my doctor. When I searched for Chiropractors in Mexico I was unable to find any in the area where I would be residing with my husband (Exhibit G). With only one income we would not be able to afford chiropractic services. Imaginably my condition would worsen and would cause me to begin having severe daily headaches and back and neck pain.
In the case that I were to continue to reside in the United States it would be likely that I would not be able to continue my chiropractic care either. Each session with the chiropractor is approximately $50 to $80 a month. This is after my insurance has paid a portion of the services. I would not be able to afford the services without my husband’s income. My husband is also very important to my continued care. Each night before we go to bed my husband massages my back which relieves many of my daily symptoms. Without my husband I would not get this added relief. I worry that my symptoms will return to the way they were before I started my care.
II. Family Ties
We have the very important responsibility of assisting my mother and siblings. On a daily basis my mother requires our assistance in many ways. She is a single mother that relies on me and my husband for many aspects of her life. We assist my mother with her monetary needs. My mother is on a fixed income and is unable to work due to health problems. We assist my mother with necessities for my two younger siblings. We provide the majority of hygiene products, household cleaning items, school clothing, school supplies, unexpected school expenses, maintenance on her vehicle, and several other expenses. Such items include toilet paper, feminine hygiene products (16 year old sister), dish detergent, cleaning supplies, deodorant, shampoo/conditioner, body soap, hand soap, medications that are not covered by their insurance, and all other unexpected expenses (Exhibit H). Just the other day we purchased a new radiator hose and antifreeze for her car. My husband checks my mother’s engine oil in her car on a regular basis and we pay for her to have her oil changed every 4 to 5 months. My husband also helps my mother with laundry tasks. He carries her clothes to our basement and I assist her with washing them. She is currently in the process of completing her Social Security Disability benefits. I have been assisting her with obtaining medical records, understanding and completing forms, and all other assistance needed. My mother was recently diagnosed with diastolic dysfunction of the heart. She has several health issues that include rheumatoid arthritis, osteoarthritis, Type II Diabetes, vertigo, anxiety, sleep disorder, heart murmur, history of fibroid cyst, twisted bowel, fibromyalgia, and stress urinary incontinence (Exhibit I). My mother had surgery to have the fibroid cyst removed in 2009. She has also had surgery for the stress urinary incontinence which consisted of a bladder sling being placed in 2013. My mother had a high risk pregnancy with my younger brother when she was 43 years old. She developed gestational diabetes that has now turned into Type II Diabetes. During the pregnancy her fibroid cyst grew due to the hormones. My brother was delivered by cesarean due to the cyst obstructing a natural birth. As well my brother was diagnosed by his school psychologist with developmental delays in communication, self help/adaptive behavior, and social-emotional development. I am my brother’s representative at his elementary school. I have access to all his records and I am present at all meetings. It is imperative that I attend all of this IEP (Individualized Education Plan) meetings (Exhibit J). My mother requires my assistance with understanding and fully assessing his needs with the school setting. My mother did not graduate high school and was diagnosed with some cognitive delays as a child. She requires my assistance with completing schools forms. My mother also suffers from mental health issues and requires support and assistance. (Exhibit K).
If I were to accompany my husband in Mexico all monetary and all other assistance would come to an end. We would be unable to assist her with money for the necessary items that she needs. She also would not have the emotional support that I give her on a daily basis. My mother is at our home every day and we are very much so a big part of her and my siblings lives. I would be unable to assist with my brother’s needs in the educational setting as well.
If it were to be that I decided to continue to reside in the United States without my husband we will still be unable to assist my mother. My income alone would not be enough to give her any type of monetary assistance. Undoubtingly my mother would be very much affected by my husband’s absence. My husband is a very big family man and believes in supporting your family members in any way possible. I feel that without my husband I would be unable to focus on giving my mother all the emotional and daily support that she needs. My mother requires much assistance with everyday tasks that I would be unable to do without my husband’s support (Exhibit L).
My sister and 22 month old niece reside with my husband and I. We have supported my sister and niece in many ways since she is virtually a single mother. She is employed part-time and would be unable to afford the bills on her own. If I were to accompany my husband in Mexico she would have to move out and conceivably require government assistance. This would disrupt the home life of my niece as well. She has resided with us from day one and this would be a complete change for her. My husband and I are very close to my niece. We are very much so a big part of her life as she is ours. My husband is a very important male role model in her life. I provide care for my niece on Tuesday and Thursday evenings when my sister is working. Without my free child care she would further struggle with finances and my niece would miss out on that time with me (Exhibit M).
As well if I were to remain residing in the United States I would be unable to assist my sister and niece in any way. I would be struggling to make ends meet for myself and husband. This would cause great distress on my sister and further affect my niece.
III. Economic reasons
There are several economic reasons that require that I reside in the United States and need my husband here to assist me. These include my medical bills, current bills/credit card debt, my retirement benefits, and my degree being inadequate in Mexico. We have several obligations in the United States that would not be able to be paid if I were to move to Mexico.
I have great medical insurance at this time that I would lose if I were to accompany my husband in Mexico. In return, I would be unable to receive the medical care that I require. I have medical bills that we are currently paying as well (Exhibit N). I could not imagine the high costs we would be paying without my medical insurance. As well the hospitals and doctor’s offices in the United States have far better standards than in Mexico. I fear that I would not be receiving the best medical attention.
If I were to continue to reside in the United Stated without my husband I would struggle to pay my medicals bill and I would have to lessen my appointments for my medical needs. In return this would exasperate my current symptoms.
We have several credit card bills that would be unpaid if I were to reside in Mexico with my husband (Exhibit O). We highly value maintaining my good credit score to ensure that we are able to purchase a home in the near future. We have worked hard to ensure that all the credit card bills are paid on time and that we budget for them to be paid. If we were both residing in Mexico with very limited income I worry that the credit score would be severely damaged due us not being able to pay the bills.
Residing in the United States on my own would also hinder our ability to pay our credit card bills. My income is limited and I would struggle to even make ends meet with utilities and other necessary expenses. Although I have several family members in close proximity to me there would be no one that could assist me financially. As stated before my mother has a fixed income and requires our assistance. My father and step mother would be unable to assist me due to my father being off work since April 2014 due a work injury (Exhibit P). My father has had to have surgery on his knee and has an upcoming hip replacement surgery that is averaged to cost $30,000. My sister that resides in our home would also be unable to assist due to her having a child that she is raising on her own. She is also only employed part-time and has limited funds.
If I were to quit my current position as a Support Broker/Case Manager at LifeSkills,Inc. I will no longer be able to add to my retirement fund. Currently I contribute approximately $65.47 each pay period (Exhibit Q). This will assist me and my husband tremendously when it comes time for me to retire. Residing in Mexico would not allow me to contribute any money to my retirement plan. My current employment allows me to make monthly contributions that will be there when I retire. This is very important to me and my husband’s future.
I would be unable to reside in Mexico due to the extremely low pay that my husband would be making. I would also be unable to find employment due to lack of skills in the Spanish language and my degree would not be sufficient to find employment. I currently have my Bachelors of Science in Consumer and Family Sciences with a concentration in Child Studies. I also obtain a Family Home Visiting Certificate (Exhibit R). I feel that all of my specific trainings would go to waste if I were to reside in Mexico. I would be unable to work in the field that I am very passionate about. I have been employed at LifeSkills, Inc. since August 2011. I am employed as a Support Broker/Case Manager and work with individuals with disabilities. I would be unable to work in the human services field in Mexico. I lack the qualifications and authorizations to work in Mexico. I am also currently employed part-time at South Central Kentucky Community and Technical College. My inferior speaking skills would also decrease my chances of being employed. The average pay in Mexico is far less than the American minimum wage (Exhibit S). We would be unable to live on my husband’s income alone.
IV. Career Advancements/Educational Opportunities
I have many goals and aspirations that I would like to reach with the help of my husband. My goal is to get my Masters in Social Work so I can further my career in the human services field. If I were to accompany my husband in Mexico I would be unable to further my education. My husband would be working a full-time job that would produce very minimal finances. I would be unable to work to assist with the income. We would not be able to afford for me to further my education while living in Mexico. Furthering my education is very important to me. I would really like to begin the Master’s program in the near future.
I would be unable to accomplish my goals if my husband were to reside in Mexico and I in the United States. I would be working my current full-time and part-time job and would conceivably need to find another part-time job that I would work on the weekends. I would not have the time or finances to further my education. Education has always been an important aspect of my life. My husband has always believed in me and told me to go after my dreams. I remember the day that I graduated from the University. He was so proud of me. I know that I need my husband’s emotional support in order to further education. He was there for me all the way through college and kept me from giving up when I felt like I couldn’t do it anymore. I struggled with depression and anxiety throughout college and this made it very difficult at times. I worry that if I were to begin my Master’s program while my husband resided in Mexico I would give up due to not having his support and encouragement.
V. Personal Safety
If I were to relocate to Mexico to be with my husband there would be several factors that would increase my chance of being a victim of discrimination and of crimes. I am a blonde haired and blue eyed woman and would definitely stand out in my environment. I also have very limited Spanish speaking skills that would alert others that I am an outsider. This would affect my everyday life tremendously. I would fear for my safety on a daily basis (Exhibit T). I would also fear for the safety of my husband and his family as it would make them a target as well. I would lose all independence if I were to reside in Mexico. I would have to rely on my husband for all aspects of our lives. I would be unable to work, go to the grocery, go to the bank, or anywhere alone. I have researched the crime and drug related crimes in the state of Veracruz, Mexico and I feel that I would be putting my life in jeopardy. In regards to my religious beliefs I am a practicing Christian Southern Baptist.
VI. Future Children
My husband and I desire to expand our family in the near future. It is very important to us that we wait for his immigration status to be change before having children to prevent them from having to spend time without one parent present. We would also like for our children to be raised in the area that I was raised. We have always known that we want to have children. We want to raise our future children in the United States. We want our children to be raised with the traditional American values. We want our children to have the opportunities that I had as a child raised in the United States. Unfortunately, my husband was unable to have such opportunities due to growing up in an extremely poor country. He has always expressed that he wants so much for our children. We want our children to grow up in a strong country that values the importance of education, equal opportunity access to health care, equality, and individuality. These are just a few of the values that we desire to teach our future children. We currently do not have any children due to his status as an undocumented immigrant. We have made the conscious decision to wait to expand our family. We understand the importance of having two parents in the home and the effects of single parent homes on children.
If this waiver was not approved and we needed to wait until after the 10-year ban, I would be 35 years old. I would conceivably suffer a decline in fertility and our children would be at a higher risk for birth defects (Exhibit U). I work with children and adults with disabilities and have learned firsthand that Down Syndrome is much more prevalent in babies with mothers that are older. It is also documented that mothers that over the age 35 have an increased rate of giving birth to children with birth defects.
If we decided that we did not want to wait to have children our children would grow up in an impoverished country with limited resources. As much anxiety and fear that I feel for myself and my husband being in Mexico, I would be much more fearful for our children. Our children would be minorities and I feel this would cause them to be easier targets for violent crimes.
VII. Conclusion
In conclusion, I ask that you take in consideration the extreme hardships that I will face in the event that my husband does not get approved for this waiver. My life and my family’s life will be negatively affected. The hardships I would face if I had to live without him, or if I had to leave my family, would be extreme and unbearable.
Sincerely,
Brittany *****