I. HARDSHIP TO A U.S. CITIZEN (xxxxxxxxx)
Case Number: xxxxxxxx
I, USC, am writing this statement in support of my wife’s application for a waiver of grounds of inadmissibility (form I-601), and I declare under penalty of perjury, under the laws of the United States of America, that the following is true and correct.
If my wife, ALIEN, is not admitted to the United States, I will suffer severe hardship. Concerns for my psychological and physical health, aspirations to continue my career, and advance in my education, my duty to be financially solvent and provide for the welfare of myself and my family, fears for my physical safety, strong community ties, and other significant life issues would prevent me from living in Mexico with my wife; however, I would feel compelled by the powerful nature of our complete and committed marital bond to do so.
I am faced with several interacting hardships:
MORAL CONFLICT
As a devout and practicing Christian, I am convinced that it is morally incorrect for me to continue to live apart from my wife. Biblical verses like the following have led me to understand that the relationship that I share with ALIEN is the most important bond that I have with anyone, and that a continued marital separation would be inappropriate and possibly sinful: “Haven’t you read,” he replied, “that at the beginning the Creator ‘made them male and female,’ and said, ‘For this reason a man will leave his father and mother and be united to his wife, and the two will become one flesh’? So they are no longer two, but one flesh. Therefore what God has joined together, let no one separate (Matthew 19.4-6).” In another place, the Bible has this to say: “The husband should fulfill his marital duty to his wife, and likewise the wife to her husband. The wife does not have authority over her own body but yields it to her husband. In the same way, the husband does not have authority over his own body but yields it to his wife. Do not deprive each other except perhaps by mutual consent and for a time, so that you may devote yourselves to prayer. Then come together again so that Satan will not tempt you because of your lack of self-control (1 Corinthians 7.3-5).” These ideas are central in our relationship and they constitute an important part of the foundation of our marriage. From our perspective, marriage forms the core groundwork of our identity and carries with it a unique set of mutual responsibilities that are binding as long as we both live. Because of this, remaining apart as we undergo the visa application process has been nearly unbearable on multiple levels; not only have we had to deal with the pain of an unwanted rupture in our marriage, but also try to carry the weight of living in a way that does not allow us to faithfully uphold our moral ideals of marital support, intimacy, and togetherness. Prolonged marital separation is inconsistent with our beliefs so it would be morally incoherent for me to remain in the United States if ALIEN cannot legally immigrate. So that we can live up to important moral principles of our faith, I ask that this visa case be resolved and my wife be allowed to join me in the United States. To the contrary, if I move to Mexico to be with my wife, I will be exposed to the extreme and long-lasting hardships that I will outline in this statement.
PAST HARDSHIP INFLUENCES FUTURE HARDSHIP
Before going any further, it is worth bringing to your attention the extreme hardships that I have already suffered. There is no doubt that denying a visa to my wife will cause me harm in the immediate and extended future, but it is important to note that the sacrifices that I have already made to be with her will make those hardships even more difficult to overcome. ALIEN’s previous inability to immigrate to the United States has forced me to endure long periods outside of the country. During those times, I have fallen behind in my education, my career, my savings and my retirement planning, have had my credit essentially ruined, and have been exposed to traumatic experiences that leave me with a heightened sense of anxiety and loss. I want to make it clear that my wife’s immigration status has exacted a heavy toll on my life and I have lived enormous hardships that make me especially vulnerable to the effects of further hardship. Simply put, if immigration relief is not granted, I am fast approaching a situation from which, due to the cumulative weight of over a decade of uncertainty and putting important aspects of my life on hold, I might not be able to recover to live a normal and productive life. None of this is hypothetical for me because hardship is something that I know well. My past and present are wrapped tightly in it; and up to this day, my future remains very much at risk. If there is a price to be paid for past mistakes, ALIEN and I have paid dearly – additional penalty would be catastrophic to both of our lives and constitute extreme hardship in every sense.
EDUCATION
Before ALIEN and I made the decision that she should leave the United States so that we could seek immigration relief through the normal channels offered by our laws, I was a doctoral student in good standing in Biochemistry at the University of xxxxxx’s College of Medicine, located in xxxxxxx. Though my intention was to complete a Ph.D., I was not far enough along in my studies to finish the doctorate and, in order to accompany ALIEN to Mexico, I instead opted to receive a lower degree for which I had already completed enough credits, a Master of Sciences in the Biomedical Sciences (Exhibit 1). My current level of studies is insufficient for me to practice biomedical research at the level that I have invested years trying to reach, and if I move to Mexico to be with my wife, my ability to pursue a Ph.D. would be effectively terminated. There are various reasons that pursuing a Ph.D. in Biochemistry would be impractical or impossible in Mexico.
First, there are few universities in Mexico that offer high level studies in biochemistry and those that do either lack accreditation or the cutting-edge facilities and equipment that are available at even average level institutions in the United States. Even if I manage to be accepted to an institution in Mexico, the training that I would receive there would leave me at a disadvantage when compared to US counterparts since I would not have the same opportunity to be exposed to the latest technological developments of what is a constantly evolving field of work. The following links give a good breakdown of Mexico’s poor education system: http://mruniversity.com/courses/mexi...quality-mexico
http://wenr.wes.org/2013/05/wenr-may...ion-in-mexico/
http://www.universityworldnews.com/a...20313200045306
Second, there are few spots available for advanced training in biochemistry in Mexico. Though it is possible, it is rather unlikely that I would even be able to obtain admission into a school in Mexico.
Third, government and private support for biomedical research is weak in Mexico. It is impossible to carry out high level biological research without significant funding support, so many Mexican students must develop simplistic research projects that employ basic and sometimes outdated techniques that make it difficult for them to be impactful in their field. This would leave me in a weak position for employment or further education when competing with students educated at universities that enjoy robust government and private support such as those in the United States.
Fourth, training in Mexico is done almost exclusively in Spanish. While I am fluent in conversational Spanish, the language of biomedical research is a highly technical one, and I find it difficult to effectively communicate ideas related to my field outside of English. This would leave me at a strong disadvantage for admission into a competitive program and make the rigors of a challenging course of study even more demanding and perhaps impossible.
Finally, students in Mexico do not receive the high level of financial support that is typical at US institutions. For example, the support offered at the University of xxxxxxx(the school at which I completed my Master’s and at which I intend to complete my studies) is currently a $23,500 yearly stipend ( website ), which is sufficient for me to financially support myself and my wife. On the other hand, since little or no support is offered to students in Mexico, and since graduate studies in the biomedical sciences is usually a full-time endeavor, I can think of no reasonable way that I could pay for my studies or financially support myself and my wife while working towards a doctoral degree in Mexico.
Simply put, Mexico offers a poor option for me to complete my studies. Even if an opportunity were available for me to study there, it would be financially impossible for me to take advantage of it even if I were to assume some best case scenario.
On the other hand, if ALIEN is allowed to come to the United States, there are two clear paths that would allow me to complete my Doctoral degree.
My preferred method would be to remain employed at my current job as a laboratory scientist for xxxxxxx (evidence of this employment was filed with from I-864). My job at XXXX satisfies the calling that I feel to be involved in public service. Not only is my work deeply fulfilling and highly rewarding, but it offers a rare chance in which I can use my skills to help make sure that our youngest citizens get the best possible start on life. It would be heart-wrenching to abandon my job because I know that it would impossible to find such meaningful work in Mexico. In addition to that, it really is an ideal position for me since it provides great benefits, job security, and the stability that I need to strike the right balance between work, family, and being active in my community. As an added bonus, XXXXXXXX offers a variety of flexible options that would allow me to remain employed as I work to further my education (exhibit 2). Upon completion of the doctoral degree, I would be well-positioned to pursue further avenues of public service and continue to try to make a difference in my state.
Alternatively, becoming a full-time student and receiving the yearly stipend would be another viable way in which to complete my studies.
FINANCIAL
If I depart the United States to be with ALIEN, there will be no other option for me except to give up my current job. I’ll just be frank, not only do I love my work, but I need it and the income and benefits that it provides. Though it would be necessary for me to leave if my wife cannot come here, going to Mexico is not a truly viable option. The effect of going there would amount to nothing less than financial ruin.
Yet, if ALIEN is allowed in immigrate, the panorama is completely reversed. I currently receive a salary of $xxxxxxx per year, health and retirement benefits, paid leave, flexible education options, and will be given a pay increase of 5% in July.
Below is a summary of my prospective pay potential taking into consideration the variables that I am facing:
Upon completion of a Ph.D. in Biochemistry I could expect to receive a median salary of approximately $81,480 per year according to recent statistics released by The United States Department of Labor’s Bureau of Labor Statistics (http://www.bls.gov/ooh/life-physical...ists.htm#tab-5). Alternatively, even if I do not pursue the Ph.D., with my current level of education, I could expect a median salary of approximately $39,750 per year according to statistics found at the same source (http://www.bls.gov/ooh/life-physical...echnicians.htm). To the contrary, in Mexico, it is unlikely that I will be able to find work associated with my education since the country is economically depressed and because jobs in my field are relatively uncommon. I have already tried to locate work in Mexico in the past but was unable to find meaningful employment. The jobs that I did see that matched my education left a lot to be desired. Not only would the work be monotonous, rudimentary, and devoid of even basic benefits, but yearly pay of approximately $6000-$7000 dollars or less would cause me to live in deep poverty. The financial implications are clear: if I abandon the United States to live in Mexico, not only will I be unable to complete Ph.D. studies, but my standard of living and earning potential will be severely affected and result in extreme financial hardships in a place where financial hardships are difficult to overcome. The prospect of living in financial ruin in Mexico for what would likely be the remainder of my life scares me intensely. It makes me feel that my life is being swallowed up and that there is nothing I can do. I do not know how I could survive there.
FUTURE IMMIGRATION
Since I would be feel obliged to move to Mexico if my wife is denied this waiver, future immigration to the United States would become difficult or impossible. For my wife to qualify for a visa, I am required to meet a minimum income level and submit an affidavit of support affirming that I can support her financially. At the moment, as an established resident in the United States, I am perfectly capable of meeting the obligations that make her eligible for a visa; but it is unlikely that I would be able to do so if I become a resident of Mexico. The only realistic way in which I would be able to sponsor her again would be, after a time in Mexico, to move to the United States and initiate a new round of visa processing. However, I would find it hard to justify such a move if there is little or no chance that a petition would be successful. Even if a clear path to immigration were to open, as I am sure you are aware, I-130 petitions that require I-601 waivers take substantial time to be fully processed and would entail additional marital separation, multiple levels of hardship, and much unneeded suffering. In reality, I am painfully cognizant that if this waiver petition is denied, a veritable door will slam in my face. In essence, a denial would serve to permanently exile me from my homeland. I know that my departure from the United States is not the intent of the immigration laws that are being applied to this case, but that would be the outcome if we are not granted relief at this time.
Historically, exile or banishment have been considered to be among of the strictest and most severe forms of punishment available to a society, often even considered to be worse than death. William Shakespeare expresses the sentiment perfectly with these words from a famous scene in his play “Romeo and Juliet”; “Ha, banishment! Be merciful, say “death,” for exile hath more terror in his look, much more than death. Do not say “banishment.”’ While I do not think that exile to Mexico would be worse than death, there is no doubt that it would be a massive burden to bear and a source of extreme and unnecessary hardship.
As I understand it, an important principle underlying the foundation of U.S. immigration law is the idea that the family forms a basic and essential unit of society and therefore deserves privilege and protection. In contrast to that sense of privilege and protection, my family has become vulnerably exposed as we try to make our way forward. The only chance that I have to avoid disaster lies in your hands. I ask you to please allow us to start working towards living a normal life by granting this waiver.
SAFETY
The idea of residing in Mexico causes me a great deal of anxiety because I fear for the safely of myself and my wife. The United States Department of State has issued a travel warning for Mexico that states the following: “The U.S. Department of State warns U.S. citizens about the risk of traveling to certain places in Mexico due to threats to safety and security posed by organized criminal groups in the country. U.S. citizens have been the target of violent crimes, such as kidnapping, carjacking, and robbery by organized criminal groups in various Mexican states. (http://travel.state.gov/content/pass...warning.html)”
Of particular concern to me is the warning issued for the State of Michoacán, the area of Mexico in which my wife and her family reside. The Department of State has the following to say about Michoacán: “Defer non-essential travel to the state of Michoacán except the cities of Morelia and Lázaro Cardenas and the area north of federal toll road 15D, where you should exercise caution. U.S. government employees are prohibited from traveling by land in Michoacán except on federal toll road 15D during daylight hours. Flying into Morelia and Lázaro Cardenas is the recommended method of travel. Attacks on Mexican government officials, law enforcement and military personnel, and other incidents of organized crime-related violence, have occurred throughout Michoacán. Armed members of some self-defense groups maintain roadblocks and, although not considered hostile to foreigners or tourists, are suspicious of outsiders and should be considered volatile and unpredictable. Some self-defense groups in Michoacán are reputed to be linked to organized crime.”
I can tell you from experience that the above is an accurate depiction of the conditions in Michoacán and Mexico as a whole. I have personally experienced the terror of having to pass through non-government sanctioned roadblocks where civilians armed with automatic weapons search, question, and detain travelers based on whatever criteria they see fit. I have also passed sleepless nights afraid to go near windows listening as guns fire outside and military helicopters fly overhead. In the time since beginning this immigration process, there was one particularly frightening night in which organized crime members attacked a group of Mexican Federal Police with grenades and automatic weapons. My wife was alone at the time and only about 200-300 meters from the incident. I’ll never forget the absolute helplessness that I felt as I tried to comfort her by phone after the attack. I felt guilty for not being able to be with her, but I know in my heart that returning to Mexico would allow me to only provide her a superficial sense of security, not real protection and safety. In truth, we our powerless against the lawlessness and disorder that seems so prevalent in Mexico these days. ALIEN and I have seen the affects that unwarranted violence and kidnappings have had on friends and acquaintances, some of which have lost family members, and we fear that being forced to live in Mexico will make us vulnerable to suffer similarly. To compound matters, I am not Mexican, nor of Mexican descent, and I have a pronounced American accent when I speak Spanish. It is simply impossible for me to blend in when I am in Mexico, so I fear that my status as an outsider places me in an even more vulnerable position.
I ask that you please allow my wife to join me in the United States so that I can avoid moving to an area that our own government advises me against even visiting. Living in the United States with my wife is the only option that allows me to have some measure of control regarding my personal safety. To the contrary, moving to Mexico would place me in physical danger, produce emotional stress, and be a source of real hardship in my life.
FAMILY
In 2013, I returned to the United States to help care for my mother as she was facing declining health due to a variety of chronic conditions (safety concerns and lack of economic potential in Mexico, and debt obligations in the United States were other important factors). Trying to deal were her situation was incredibly difficult without having the full support of my wife, and I regret the fact that I wasn’t able to provide the extra care that we would have had if ALIEN would have been with us. My mother loved my wife and longed to spend time with her up until her death in March of 2015. I don’t know that anything would have changed my mother’s outcome, but I do know that the current division that my family is enduring made everything so much more painful and difficult to manage. When her death did arrive, it was almost unbearable to stand up to it without ALIEN’s presence. I am still trying to get through what has been a difficult episode in my life. What I face is challenging enough to manage in isolation, but the uncertainty that I face as I await to know my wife’s immigration fate makes it nearly impossible to proceed in a coherent and clear manner. I am filled with deep feelings of anxiety as I try to make guesses about what might be ahead. These new hardships led me to request and receive expedited processing of my I-130 petition from the National Visa Center.
Through these past years, my commitments to my family have suffered in other ways as a result of my wife’s immigration situation. A number of years before my mother’s death, when I was living with ALIEN in Mexico, my father became ill and passed away. Because I was in Mexico, I was unable to be with him as he began to deteriorate. I was able to arrive in the States only after he had been placed in an induced coma, and he died shortly after my arrival. I know that there is likely little that I could have done to help my dad if I would have had the chance to spend more time with him, but I would have at least been able to show him my love and appreciation. There is no way that I can know, but I hope that he was somehow able to sense that I was with him at the end. I feel so much regret and loss for not being able to be there, and I fear that moving to Mexico will distance me from my remaining family and make it impossible for me to support them through life’s trials and tribulations.
I ask that you please help me to avoid making the decision between being a husband to my wife and being an active part of my biological family. It would be unbearable to live with the weight that such a decision would leave on my conscience. My conscience is already heavy enough since I know that I could offer more if my life were not so burdened by my wife’s immigration status.
COMMUNITY
I am proud to be an American, and I support my country with all of my heart. I was born in the state of Virginia as a citizen of the United States and my national identity is something that I cherish. My family traces its roots in America back to the foundation of our country and I simply cannot imagine accepting the nationality or becoming a permanent resident of any other land. If I abandon the country that I love and feel so intimately connected to, it would be a source of enormous pain. To me, being an American is an incredible blessing and it is something that I desperately want to share with my wife and future children. The possibility of having my children born and raised in any other nation is a cause of grave concern for me, and it is one of the principle reasons that my wife and I have delayed starting a family. During the times that I have resided outside of the United States, I have experienced long episodes of disillusionment and have felt unable to adequately adapt to living in another culture.
I have especially strong ties to the state of XXXXXX. It the state where I spent most of my childhood, attended college, and it is where my brother, my sister and their respective families reside. In particular, I have developed a strong attachment to my church in XXXXXX: XXXXXX (Exhibit 3). I consider XXXXX Church to be my spiritual home and I would be devastated if I could no longer form a part of it. Over the years, I have visited many churches, and in none have I experienced such a loving and caring environment in which to learn and grow in Christ. One of the things that I love most about my church is that it offers so many opportunities for me to give back to my community through a variety of service projects. It is so important for me to feel that I am doing more than just hearing about God. At XXXXXXX, I get to be part of a vibrant and diverse community that tries its fullest to show what it means to live as a disciple of Christ. I love and need that.
I have shared with my church family about my wife’s immigration situation and we often pray together so that I can be reunited with my wife as soon as possible. They are anxious to meet her, and I know that she would be welcomed with open of arms if she is allowed to join me in the United States. In this time that I have been apart from my wife, I cannot count the number of times that I have broken down in tears during worship services thinking of how badly that I want my wife to be with me. Each time I imagine the joy that I will feel when I am finally able to worship and serve beside the woman I love in the place that I love. It would mean so much to me just to be able to sit, her hand in mine, surrounded by family and friends.
I have spoken with the lead pastor on many occasions and he recognizes that our church is underprepared to confront the huge need for Spanish language ministries that exists in our church and city. Not only do I feel a special calling to work in this area, but my wife and I are perfect candidates to take on this work since we are 100% committed to God, and are both fluent in English and Spanish. Ana is already extremely active at church in Mexico and I know that people here will be infected with her love and energy once she arrives in xxxxxxxx. Please accept this appeal so that we can work together with the support of a loving church as we seek the spiritual growth and fulfillment that we both need.
CHILDREN
My wife and I are facing a difficult dilemma in regards to our plans to start a family. The uncertainty of her immigration status has caused us to delay making an effort to seek the pregnancy because we feel that it would be irresponsible of us to begin a family if we are unable to provide a stable and safe environment for our children to grow in. At the same time, ALIEN is now 36 years old, so we realize that time is no longer on our side if we want to begin a family. It is well-known that the likelihood of conceiving a child and carry it to term begins to dramatically drop starting around 35 years of age (Exhibit 4). With each addition year, fertility rates continue to plummet. We are very much in the limit of the possibility of obtaining a successful pregnancy, and additional delay will greatly reduce our chances of success. To complicate matters, ALIEN suffers from an irregular menstrual cycle that tends to run much longer than the ideal cycle of 28 days. This decreases the total number of times that she ovulates during a given year and consequently further reduces our already diminishing chances of being able to conceive. (Exhibit 5)
There are several reasons why it is essential for us to begin a family in the United States.
First, the medical care available in the U.S. is far superior to that found in Mexico. The most recent World Health Organization report shows that Mexico ranks a full 24 spots below the United States (http://en.wikipedia.org/wiki/World_H...ystems_in_2000 ). Since we have such a relatively small chance of having a successful pregnancy due to our age, it is essential that we have access to the best doctors and technologies that exist. We may only have one chance to get this right, and receiving the care offered in the States is crucial to helping us maximize our potential to live what we see as a calling to become a full and complete family.
Second, I fear greatly for the welfare of my wife and any child born in Mexico because the medical facilities where ALIEN lives are of poor quality and because both maternal and infant mortality rates are so much higher than in the United States. For example, a recent Lancet study shows that maternal death rates are over three times as common for women giving birth to children in Mexico (http://www.theguardian.com/news/data...elopment-goals ); and, according to The World Bank, infant mortality in Mexico is more than twice what it is in the United States (http://data.worldbank.org/indicator/SP.DYN.IMRT.IN ).
Third, because of the high levels of crime and violence in Mexico, we would begin a family with an intense feeling of fear and trepidation. It is difficult enough to deal with our own concerns for safety, but it would perhaps be too overwhelming to bear the guilt and terror that we would feel if we were unable to provide a safe environment for our children.
Finally, my financial panorama is bleak in Mexico. I have no obvious route of employment available to me there and I do not have large savings that would allow me to endure extended periods of unemployment. I fear it would be economically impossible to provide the quality medical care that my family deserves, and reckless of me to begin a family with so much uncertainty surrounding my life. On the other hand, living in the United States would allow me to leave these concerns behind knowing that I will be able to keep the quality health insurance that I now have as well as be surrounded by a large network of friends and family from which to draw support.
STRESS INVENTORY
In 1967, the psychiatrists Thomas Holmes and Richard Rahe published a landmark study on the effects of stress on human health in the Journal of Psychosomatic Research. (exhibit 6) The scale they developed, called the "The Social Readjustment Rating Scale (SRRS)", is a useful tool that can be used to predict the likelihood that an individual will experience medical illness after experiencing stressful life events. A variety of follow-up studies have been carried out and the scale has been repeatedly shown to be an effective indicator of future disease. For example, in an article entitled “Life Stress and Illness: A Systems Approach”, published in March of 1983 in the journal Canadian Family Physician, the authors had the following to say, “Holmes and Rahe developed a simple questionnaire, easy to use and quick to apply. This scale was a subjective rating of stressful life events and led to numerous retrospective and prospective studies of almost every common disease, providing impressive evidence that the incidence of both serious and minor illness increases following stress.” (Exhibit 7)
The SRRS functions by adding up scores (which can be assigned for a variety of life events of differing intensities) accrued over a year’s time, dubbed “Life Change Units”. For example, a change in sleeping habits would add 16 “Life Change Units” to the total score, while the death of a spouse would result in 100 additional “Life Change Units”. Upon completion of the inventory, a total score is produced that delineates the respondent’s vulnerability of experiencing a major health breakdown in the subsequent two years.
Below are the predictive ranges of the scale:
150 points or less indicates minor life disruption and a relatively low likelihood of developing stress-related illness.
150 points to 300 points suggests moderate life disruption and corresponds to a 50% likelihood of developing stress-related illness.
300 points or above is an indicator of major life disruption and results in an 80% likelihood of developing stress-related illness.
With the help of a professional counselor that is employed by my church, the SRRS was applied to me under the assumption that my wife’s application for a resident visa is denied and that I consequently make a move to Mexico to live with her. Given such a scenario, it was found that a total of 17 stressors would apply to my life during a readjustment to Mexico and result in a score of 415 “Life Change Units”. In contrast, assuming that ALIEN is permitted to immigrate to the United States, only four stressors would be indicated and result in a much lower score of 86 “Life Change Units”. (exhibit 8)
This inventory makes it clear that if I move to Mexico, I will undergo an important degree of stress that is sufficient to place me in the highest risk category for developing significant illness in the two years following the move.
HEALTH IMPACT
While the scale discussed in the previous section does not predict the exact nature of the illness that I might develop, it is well-understood that latent conditions are those that are most likely to be manifested after exposure to stressful stimuli. Of special concern to me is type 2 diabetes, since it is a disease that is common in my immediate family. My maternal grandmother and mother suffered from the illness and my brother has also both been diagnosed with it. The scientific evidence is well-established that this form of diabetes has a strong genetic link (exhibit 9), thus family members of affected individuals have a much greater risk of developing the disease than individuals with unaffected family members. The chances that I will become diabetic are relatively high, and to compound factors, the comparative prevalence of diabetes is higher in Mexico than in the United States (exhibit 10). Worse still, recent evidence suggests that chronic life stress plays an important role in the development of the disease. There is no doubt that moving to Mexico will not only be a source of transitory stress, but chronic stress since the major stressors that I will face will not be resolved after becoming adjusted to living there. In an article published recently in the Journal of Diabetic Medicine, the authors issue this warning, “There is still little known about the underlying mechanisms by which different forms of mental stress increase the risk of diabetes incidence and progression [8]. In our present study, we have demonstrated a strong prospective association between permanent or chronic stress and risk of diabetes…” (exhibit 11)
It is perhaps needless to say, but the development of type 2 diabetes, or any other serious illness, would present an extreme hardship for my life. Not only would my quality of life be severely affected by the direct consequences of the disease, but it is possible that such a development would begin a cascade of events that would leave all other aspects of my life in a crippled state. It is likely that the onset of disease would wreak havoc on my ability to be employed, destroy my present and future financial perspective, and weaken my ability to care for my wife and family.
It is important to note that the SRRS illustrates a model of human health that is widely accepted within the scientific community. Namely, stress and other contributing factors of hardship do not exist in a vacuum, but work together synergistically to produce negative outcomes in ways that are exponentially magnified as variables are added to the mix. Each factor amplifies the impact of others in ways that are more than cumulative. The potential harm that I may suffer as a result of making a decision (moving to Mexico) that is not in my best interest is truly beyond calculation. What is certain is that I will experience extreme hardship simply because of the total upheaval that an undesired move to Mexico will create in my life. There is indeed not a single aspect of my being that will not be affected by such a change. To be specific, my career plans will be interrupted, my earning potential will be slashed, my ties to my community and family will be broken, my safety and health will be put in jeopardy, my wish to start a family will be put at risk, and I will be effectively exiled from the land that I love to a foreign nation that is gripped by corruption, violence, and economic instability. There can be little room for doubt; if my wife is not allowed to come to the United States, I will be exposed to extreme hardship. For me, it seems that I am fighting not only to bring my family together - to finally start to move forward in life - but in some sense, because of the immense fear and uncertainty that I feel, that I am facing a battle for life itself.
SUMMARY
In summary, if my wife is unable to immigrate to the United States, I will undergo extreme hardship. By nearly every measure that well-being can be evaluated, I will be adversely affected if her visa is denied. However, it is important to note that the negative impacts that I will suffer begin with something that is perhaps outside of the normal parameters of “extreme hardship”, a need to continue growing the profound love that I share with my wife. I mention this because at the heart of this case is not a sterile series of calculations designed to weigh the desirability of one outcome versus another. If any calculation need be made, it has already been made: I love my wife unconditionally and I am fully committed to honoring the vows that I made to her 13 years ago at our wedding. I want to affirm that our love is not based on shallow emotion or convenience, but is true and tested. Far from being convenient, we have had to overcome overwhelming adversity to be together and we are more than willing to take on whatever lies before us, be it thick or thin. It is precisely because of our love that so much is at stake.
After our commitment to God, there is no relationship that is as important to us as our marital bond. This puts me in a desperate situation that I never imagined I could face. My marriage is not in danger, but nearly everything else that I hold dear is. If ALIEN is denied a visa, I will be compelled by our profound love to leave the United States and live with her in Mexico. The hardship that I will experience as a result is extreme. I will see no other option, except to abandon my country, my church, my community, and my family. I will find myself obliged to give up my education and career, enter into financial insecurity, and put my personal safety at risk. As if that is not enough, my health will fall into severe jeopardy and I may lose all hope of one day starting a family. In all of these points, I am at your mercy and I plead with you to please allow my wife to join me in the United States.
If ALIEN is allowed to join me in the United States, I can avoid the extreme hardships that I would otherwise face. There is so much at risk for us personally, yet I am convinced that my wife and I are not the only ones that will lose if we are forced to live elsewhere. I’ve known my wife for 15 years, and in that time, I’ve come to appreciate what an incredible woman that she is. My opinion is surely biased, but I know that our country as a whole will miss out if ALIEN is left on the outside looking in. I can honestly say that being near her all these years has helped me to grow into a better person. You see, her intense passion, love, and kindness only make my own short-comings seem so much more obvious and in need of correction. As a resident of our country, I have no doubt that she will become a source of light to many.
It is true that ALIEN and I have made mistakes in the past, therefore we understand why you might look at our appeal with cynicism. There is no denying that ALIEN was wrong when she came to the United States as an illegal immigrant (exhibit 12). I do not want to try to offer excuses for what was clearly an act of poor judgment and disrespect for our nation’s laws. This may sound ironic, but America’s adherence to law and order is actually something that ALIEN and I love and admire. That is why we feel such regret and shame for having gone about things the wrong way. In this process we do not ask that the past be forgotten or ignored; what we ask is simply to be given an opportunity to prove that can do things as they should be done by contributing honestly to American society.
The young people that made such terrible mistakes many years ago have grown and changed. In the intervening time we have become people of faith and deep moral conviction. If we are given the opportunity to live in the United States, it will be with the full intention to live lives that are worthy of honor and respect in full accordance with the laws of the land. We have already taken steps in that direction. When ALIEN left the United States nearly nine years ago, it was against the advice of many well-meaning individuals that offered their opinions. We were told to just wait a bit longer, that the laws would eventually change to our favor and that we would be given a chance to adjust ALIEN’s legal status without abandoning the country that offered us so much promise and happiness. The appeal of waiting for change was tempting, but we felt in our hearts that the only right thing to do was to obey current American law, not the idea of some future law. It was a painful decision to leave, but it was the right choice and has been something that has brought us peace. We still stand by the conviction that brought us to take that step and our thoughts on the matter have not changed. If we are to live in the United States, it will only be with the blessing and consent of her government. For us, there is no other way. Since her voluntary departure from the United States in December of 2006, ALIEN has taken clear steps to show her willingness to do the right thing. She has proven during this time that she will respect and honor our laws by remaining outside of the country. It should be noted that when ALIEN did step outside of the bounds of US immigration law in the past, it was not out of maliciousness or for some sort of hurtful gain. To the contrary, she was only trying to be with the person that she loves. Far from being someone that is dangerous to America and her people, ALIEN’s mistakes were of the sort that young people in love sometimes misguidedly make.
We submit this appeal in all humility. Please respond in our favor so that we may close a dark chapter in our life and begin a new one with the hope and optimism that is so firmly rooted in the soul of our great nation.
Thank you for your consideration,
USC