Evidence of Extreme Hardship to USC Wife CB

16 November 2011

USCIS I-601 – Ciudad Juárez

Re: MN

MEP000000

I am writing as the Catholic Charities Chicago Immigration Specialist working under the G-28 of BIA Accredited Representative LC. Mr. MN is applying for his Immigrant Visa via his U.S. citizen wife, C B. He is inadmissible for having been unlawfully present from April 2001 to September 2011. He left the U.S. of his own accord, triggering a 10-year bar pursuant to INA § 212(a)(9)(B). He is seeking a waiver for this ground of inadmissibility of unlawful presence based on INA § 212(a)(9)(B)(v).

Ms. CB will suffer extreme hardship if she is separated from MN for ten years. She is an excellent mother who cares for her 21-month-year-old USC daughter, Aaliyah. She relies on MN for financial, psychological, and emotional support. As many will attest, MN is always a positive presence, aiding the family and those in the community greatly. He has been the one who picks up Aaliyah from school, he has assisted CB’s co-workers at her school often, he has volunteered at their church, and he is very involved with CB’s family. MN and CB live in the same house with CB’s USC parents, two of her USC brothers, and her USC sister (with her husband and son). CB’s USC grandmother, EZ, also lives across the street. All of them rely on the support MN provides to the family—helping with chores, giving rides, participating in family events, and especially helping care for CB’s parents.

Since MN’s departure, CB has suffered tremendously. She has had extremely high levels of stress, and this has affected her in her work and family life. CB is also increasingly concerned about the declining health of her mother, which has been aggravated by MN’s absence. If MN is barred from returning to the United States, it will be an extreme hardship to CB because she will lose her dream of buying a house; she will have to raise her child away from her father, whom she most desperately misses; and she will suffer severe financial difficulties; not to mention the high levels of psychological stress that she will experience. She will be unable to focus on her daughter if forced to look for a second job to pay her living expenses, as she has already done. Furthermore, she would not be able to afford trips to see her husband in Mexico, and her standard of living will fall considerably. MN was previously employed at MSD in Chicago, and he played accordion in a band. Without this MN’s financial support, CB will not be able to cover all of her living expenses. If CB is forced to relocate to Mexico with her daughter to live with her husband, she would also suffer extreme hardship. CB has worked very hard in her job and her academic career to achieve her goals. If forced to relocate, CB will be forced to quit her job and abandon her dreams of getting her master’s degree. Her area of work is specialized, and she will need to undergo all-new certification processes if she were to live in Mexico. Moreover, CB would have to leave her close-knit family here in the United States, along with the place she knows and the culture she loves. She also fears the loss of medical care and educational opportunities for her daughter, and fears the violence that is prevalent in the city where MN lives in Mexico. In addition, CB is very worried about the physical state of her mother, and is concerned that if she was forced to relocate along with her daughter—both of whom bring joy to the household—her mother’s health could take a grave turn for the worst.

CB is a law-abiding, hard-working, productive citizen who gives back much to her community through her dedication to specialized early education programs. She pays taxes, works two jobs, and cares for her toddler alone now. She is entitled to have her husband and child at her side in her country. In light of the following evidence, please favorably consider CB’s request to waive the unlawful presence ground of inadmissibility for her husband. He admits his wrongdoing when he entered the United States without inspection and remained in this country with undocumented status. However, this is his only negative issue. MN is a fantastic father, a committed family man, and a valuable member to his community. The numerous elements of hardship to his USC wife clearly rise above the level of extreme hardship. CB respectfully requests this waiver be granted, and joyfully awaits the day when she and her husband can be reunited.

Please also consider the following evidence attached showing extreme hardship to CB:

Personal declaration written by Claudia Ballesteros

Family Ties:

 Affidavit written by USC JB, CB’s father, describing MN’s extensive involvement in helping the family and also CB’s suffering as a result of his absence

 A copy of the U.S. passport of JB, showing his U.S. citizenship

 Affidavit written by MGB , CB’s mother, describing MN’s helpfulness and CB’s suffering

 A copy of the certificate of naturalization of MGB

 Affidavit written by MAB, Claudia’s sister, attesting to MN’s good character and CB’s suffering

 A copy of the certificate of naturalization of MAB  Affidavit written by RB, the 11-year-old brother of CB, describing MN’s positive relationship with him and the help that MN provides in support of CB and the family

 A copy of the birth certificate of Rafael RB

 Affidavit written by SBZ, the 15-year-old brother of CB, describing MN’s helpfulness and involvement, as well as the CB’s suffering

 A copy of the birth certificate of SBZ

 A letter of verification of counseling sessions from Perspectives behavioral health company. CB, MN, her daughter, her mother, and her brother R all attended counseling sessions because l was exhibiting negative behaviors due to the fact that he believed his mother’s sickness (caused by augmented stress from MN’s absence) was his fault.

 Photographs of MN with the family. CB’s and MN's daughter, Aaliyah, often plays with the photo of MN on a ride at SixFlags theme park (as noted by the marker coloring and wrinkles)

 Proof of shared residence with CB’s family members

 A copy of the birth certificate of CB’s and MN’s USC daughter Aaliyah

Health:

 Letter from Doctor G, CB's mother 's primary health care physician, listing her diabetes, hypertension, depression and anxiety

 Medical test results for mother showing diagnosis of diabetes and other related issues

 Ultrasound of CB’s miscarried child from 2008

 Hospital bill from CB’s miscarriage

 CB’s radiology reports from 2008 showing history of medical issues. CB has recurrent bladder infections and pelvic pains.

 Walgreens list of medications she is currently taking, including, among others:

o Benicar – to lower high blood pressure

o Citalopram – depression medication

o Singulair – asthma medication

o Simvastatin – cholesterol lowering medication o Ferrous Sulfate – iron tablets

 Walgreens prescriptions

o Singulair – asthma medication

o Simvastatin – cholesterol lowering medication

o Ferrous Sulfate – iron tablets

 Walgreens prescriptions for Aaliyah, CB’s daughter, who became ill after MN left with recurring fevers and bacterial infections

o Amoxicillin – penicillin

o Ciproflox – to treat eye infections

Financial:

 Letter from real estate agent Lilia M showing that CB’s and MN’s plans to buy a house have been put on hold

 A recent account statement from PNC Bank showing CB and MN’s primary account holds a balance of $188.94

 Vehicle title (with both names on it) showing recent purchase (May 2011) of a car

 Purchase order from Edna’s furniture – CB and MN still owe $845

 Receipt for purchase of plane tickets to visit MN (total cost of $938.35 for CB and her daughter to travel to see Mario)

 Various bills (T-Mobile, Sears credit card, American General Financial Services, Kendall College, and HY CITE FINANCE)

Education:

 Letter from Educare of West DuPage dated June 2011 verifying that CB was given a job offer, which she accepted but had to turn down due to MN’s departure. CB is unable to secure child care for financial reasons, and it is MN who gets done working early to pick up the baby normally. The company also offered to send CB to classes to continue her training.

 B.A. in Early Childhood Education Diploma from Kendall College, showing CB’s career development  Alpha Xi membership document, demonstrating CB’s high achievement in her college studies

 CB’s work schedule for this year showing upcoming job commitments

 Evidence of temporary, second job (email and timesheet) she took in order to make payments

Favorable Factors:

 Letter of recommendation written by USC Alicia N, director of CB’s school, explaining MN’s helpfulness and involvement in the school and in supporting CB, as well as her suffering and the effect MN’s departure has had on her work

 Letter of recommendation written by USC Theresa S, co-worker of CB, describing MN’s helpfulness in the school and in his home supporting CB

 Letter of recommendation written by USC Guadalupe, co-worker of CB, describing the help MN has provided the school staff and CB. She also describes CB’s suffering.

 Letter of recommendation written by USC Linda S, co-worker of CB, attesting to MN’s good character

 Letter of recommendation written by the priest at MN’s and CB's church, describing MN’s involvement with the Church community. MN has volunteered on occasion for the parish.

 Documentation of MN’s GED classes

Other:

 Article detailing the extreme violence in Iguala, the city in Mexico where MN lives

 Justice in Mexico news report, showing the state of Guerrero, in which MN resides, is the third most violent region in Mexico

Thank you for your time and attention in this matter. Please advise should any further evidence be necessary.

Sincerely, NH

Immigration Specialist Catholic Charities 651 West Lake Street Chicago, IL 60661