First Draft

[printerr]

To Whom It May Concern:

I, USC, declare under penalty of perjury, under the laws of the United States of America, that the following is true and correct.

I am engaged to marry ALIEN. He is also the biological father of our son, CHILD, born xx October 2008 (Exhibit A). I am an American by birth, as is our son. Because I am CHILD’S mother, situations which impact me also impact CHILD’S well-being. I am submitting this letter in support of the I-601 Waiver of Grounds of Excludability, to demonstrate how ALIEN'S absence would ultimately create a significant hardship for both myself and our child, as well as why moving to Argentina would create hardship for me and CHILD.

Background:

ALIEN and I met in the early fall of 2007, and immediately felt comfortable with one another. As an abuse survivor, I’ve historically had a very difficult time feeling safe in relationships, so to finally meet someone with whom I feel safe was amazing, and says so much about his gentle and loving nature. Likewise, he has told me that he’s very comfortable with me, and that he’s never talked to a woman as much as he has with me. By November of that year we were dating each other exclusively. When he went to Argentina to see his family at the end of January 2008, I knew that he would have a difficult time returning due to having overstayed his visa, but at the time he did not understand the gravity of his overstay and thought he would be able to return. Then, two weeks after he left, I discovered that I was pregnant. When we discussed the situation, it was easy to decide that we wanted to be a family and raise our child together. By that time he had realized that his return would not be as easy as he had originally anticipated, and I began preparing the paperwork to file for a fiancé visa. We knew it would be a long and difficult process, but we love each other, and want nothing more than to be a family. He now regrets having done things the way he did (overstaying his tourist visa and working illegally) but I understand his reasons, as he wanted to try to provide a better life for his family back in Argentina (particularly his mother and his disabled niece who was born with spina bifida). He did this by sending money to his home country regularly while he was in the USA. His love and desire to take care of family is part of why I love him so much, and I know it breaks his heart to be unable to take care of his own son now. If he is allowed to return, he intends to do everything by the law this time, to be an upstanding resident and contributing member of society while still helping to take care of his families (his family of origin in Argentina, as well as myself and our son here).

Financial Hardship:

Since his return to Argentina, ALIEN has been unable to find steady work. He has been staying with family members to whom he used to be able to send money to support. If he were allowed to return to the USA, he would be able to eventually help support our son as well as once again help his family in Argentina. Even if it took him some time to get a work permit and find a job, it would be more promising than what he has encountered in Argentina. In the event that he were unable to find employment in the USA, his presence would still enable our family to save money because he could take care of our son during the day instead of paying for childcare, and/or give me the freedom to pursue a second job while he is home to take care of our son during the evening or weekends. Although I am currently able to make ends meet without his financial assistance, my income alone leaves little room for extras like new clothes (I recently lost a lot of weight and had to replace my entire wardrobe with used clothing that was donated). What little extra money I do have has generally gone to Argentina to help pay the expenses associated with trying to get ALIEN's visa (including application fees, as well as ALIEN'S expenses to gather the required documentation on his end), so that our desire to be together as a family can become a reality.

With his inability to find steady work in Argentina, coupled with my ability to make ends meet in the USA, it would not make sense for CHILD and I to move to Argentina. In fact, 23.4% of the population in Argentina live below the poverty line (Exibit B), compared to 12% in the USA (Exhibit C), and it is quite likely that we would be among that 23.4%.

There are other financial factors as well, in that I have several financial commitments in the USA. I have approximately 2 more years of payments on my car loan (balance of over $8,500.00 - Exhibit D). I recently completed my Master’s Degree and I have a $60,000 student loan which I will have to begin paying back in 2010 or 2011 (depending on how many more economic hardship deferments I can get) (Exhibit E). I also already have a house in Tennessee, where we can live. I have approximately 15 more years of payments to make on the house (the current balance due is over $26,000 - Exhibit F). If I default on that loan, my house would be foreclosed, thus damaging my credit rating which I have been working very hard to repair after some previous difficulties that I was able to overcome. I have tried in the past, unsuccessfully, to sell the house, and the current housing market is not good for selling. These factors all would make it impractical for me to move down to Argentina.

Career Hardship:

My educational training is in professional counseling (Exhibit G), and almost all of my work experience is in the field of mental health. My next step is to pursue licensure as a Licensed Professional Counselor (LPC) (Exhibit H). Such licensure does not transfer from state to state, nor to any other country. I am unable to pursue this at the moment, as my current job is not a counseling job, and as a single mother, I have neither the time to pursue a second job as a counselor, nor the money to pay for the extra childcare expenses and the required weekly supervision. If ALIEN were allowed to join me in the USA, I could then pursue this next step in my career training, which would in turn allow me to increase my income. In the meantime, although I do not work as a counselor, I continue to use my counseling skills by working in the field of mental health, as it is the field of work that I know and love.

Working in the field of mental health requires the ability to speak fluently to clients and to understand how the clients’ culture can impact their beliefs and issues. While I do speak some Spanish, I am not fluent enough to do this type of work in a Spanish-speaking country, nor do I know enough about the culture of the Argentine people to be able to effectively do this kind of work with them. In addition, in order to obtain a work visa for Argentina, I would need to present a contract of employment (Exhibit I), and even if I were able to overcome the language and cultural barriers, I have no contacts to help me find such employment. These factors would make it especially difficult for me to find viable work in Argentina, and ALIEN and I would have no way of supporting ourselves or our son there (contributing back to the financial hardship discussed above).

Psychological Hardship:

Although the financial and career hardship factors are important, the most significant reason that I need ALIEN by my side is my mental health. I am diagnosed with Major Depressive Disorder and Attention Deficit Disorder (ADD) (formally known as Attention Deficit Hyperactivity Disorder, or ADHD) (Exhibit J). I have been under psychiatric care for the better part of the past 20 years, including one inpatient hospitalization in 1992. I have included a copy of the hospital admission form, which is the only paperwork I have from this (Exhibit K). The hospital has since closed, and even if they had not, records are typically destroyed after 10 years. I also have included copies of some of my records from the psychiatrist who provided my treatment from 1999 until my pregnancy in 2008 (Exhibit J). He is now retired. Under his care I continued to take medications to manage these conditions, as I had already been doing since 1991. Even on my medication, I experienced depression as recently as 2007. At that time I had been laid off from my job and the depression left me with very little motivation to seek new employment. I was able to get back on my feet again after I began dating ALIEN, as he provided the emotional support I needed to finally move forward.

Major Depressive Disorder is characterized by the presence of at least one depressive episode lasting a minimum of 2 weeks, and typically lasts 4 months or longer if untreated. A depressive episode consists of a number of symptoms, including depressed mood, loss of interest and pleasure in activities that were once enjoyed, significant weight change, sleep disturbance, psychomotor agitation or retardation, fatigue or loss of energy, feelings of worthlessness or excessive and inappropriate guilt, diminished ability to think or concentrate or indecisiveness, and recurrent thoughts of death or suicide. A person must have a minimum of 5 of these to be diagnosed, and the symptoms must cause the person distress and/or impairment in functioning (Exhibit J, pages “354,” “356,” “375”). According to www.depression.com (Exhibit L), “most people who have gone through one episode of depression will, sooner or later, have another one. You may begin to feel some of the symptoms of depression several weeks before you develop a full-blown episode of depression.” It is additionally documented that “stressful life events such as trauma, loss of a loved one, a difficult relationship or any stressful situation-whether welcome or unwelcome-often occur before a depressive episode. Additional work and home responsibilities, caring for children and aging parents, abuse, and poverty also may trigger a depressive episode. Evidence suggests that women respond differently than men to these events, making them more prone to depression.” (Exhibit M) So, as you can see, having already been diagnosed with depression, I am at an increased risk of relapsing into my illness, and such a relapse is generally triggered by stress.

My additional diagnosis of ADD significantly decreases my stress tolerance. It is documented that women with ADD “may present as introverted, shy, distractable, disorganized, forgetful, and daydreamy. They may have a low tolerance for stress, be extremely sensitive to criticism, and work hard to conform to adult expectations.” (Exhibit N) That entire statement describes me. Additionally, while my symptoms are usually more consistent with the “inattentive” type of ADD that is described above, I also have some symptoms of the “hyperactive/impulsive” type. Among these symptoms are the tendency to have intense emotional reactions and to be stubborn. The website further states that “though many women are expected to be caretakers, this role can be extremely frustrating and difficult for a women with ADD. When things feel out of control and she has trouble organizing and planning her own life, taking care of others seems nearly impossible.” It is not unusual for women with ADD to also suffer from depression. I have also included another article on ADD characteristics (Exhibit O). Approximately two-thirds of the items on the list accurately describe me (I have highlighted them). Furthermore, because ADHD is often an inherited condition (Exhibit J, page “90”), there is a good chance that CHILD will develop it, thus requiring extra routine and structure in the home which is difficult for me to provide due to my own ADD. CHILD currently has very little structure…for the most part he eats and sleeps when he wants to (with the exception of when I get him up to take him to the babysitter so I can go to work) and he plays the rest of the time, mostly because I’m not organized enough to provide a routine. I’m often not organized enough to feed him 3 times a day on weekends, and so he ends up filling up on snack food and formula (I do try to make sure he doesn’t go hungry and does get his nutrition). Even if he does not end up developing ADHD, he will eventually need to have more structure in his routine to help him to thrive.

Additionally, because stress is so hard on me, I know that it would not be in my best interest to move to another country. Living in a foreign land where I don’t know the culture and don’t speak the language fluently would put tremendous stress on me. It would also be very difficult for me to live in a country where only 2% of the people are Protestant (Exhibit B), as my faith and my involvement in the church are very important in helping me to deal with my struggles. It would also add to my stress to live so far away from my family. Although they are not close enough to help with day-to-day struggles (they live in another state), if I need them for something big, it would only take a day for them to drive to where I’m at, or I can drive to them. It’s much more complicated and expensive to have to fly internationally.

During my pregnancy, I discontinued my medications for the baby’s safety. It is very likely that I will have to take them again in the future, but I’m trying to make it without them for the time being in order to save money. It’s an ongoing struggle, and I’ve strongly considered restarting my medication on numerous occasions already, especially with the stress of trying to deal with the process and paperwork of the immigration application as well as working full time and taking care of a young child with no support. Stress is the main thing that triggers my symptoms. Historically, when I experience high stress, I become easily overwhelmed. My mood becomes depressed, I experience periodic insomnia due to excessive worry, and yet I lack energy and motivation and want only to sleep. There have been periods of time in the past when I barely managed to get up and go to work, and slept from the time I got home until it was time to work the next day. I neglect the housekeeping, I have crying spells, and I become very irritable. During those times I sometimes act irrationally. As an example, when I took my son to his 3 month check-up, and they said I had to pay up front since his insurance still had not been approved, I started yelling that I wasn’t going to be able to eat that week, slammed down the phone in the waiting room (where I was talking to their billing department) and threw (not tossed, but literally threw) my credit card at the front desk clerk. I’ve had similar outbursts (sometimes even while taking my medication) with a salesman on my front porch, with the receptionist at my psychiatrist’s office, with a person at the information counter of the grocery store, and with various customer service representatives on the phone.

When CHILD was born, I wanted to breastfeed because of the documented benefits that breast milk provides for the health and development of infants (Exhibit P). He was unable to latch on, so I tried pumping. Living alone with my son, I had no one else in the home to help me take care of CHILD while I pumped. Therefore if he needed me, I had to abort my pumping and tend to him. The stress of trying to take care of him without help, along with trying to pump milk, affected me to the point that I was crying frequently every day and I had to quit pumping when he was only two weeks old because I was sinking too deeply into my depression. I still feel terrible about not being able to provide him with the immunity and other benefits of breast milk, and will always wonder if his allergies could have been avoided if he were able to receive breast milk until he was older.

Lately I’ve experiencing my symptoms again more and more frequently, and I believe I have slipped into another major depressive episode, but between work and taking care of CHILD, I have not had the time nor energy to find a new psychiatrist and seek treatment. I have very little motivation to do anything. Even writing this letter was difficult to do, despite how important it is to me. Laundry and dirty dishes are piling up, as well as general household clutter (Exhibit Q). I’ve even been neglecting my hygiene. I often don’t have the energy to spent a lot of time with CHULD, and end up leaving him to entertain himself until he cries so long that I can’t stand it any longer and I move to sit with him. My mood is generally so irritable that I want to scream and throw things on a nearly daily basis, and I’m having frequent crying spells, including at work. I need ALIEN here to help support me emotionally, as well as to help take care of CHILD when I simply can’t do it.

Health Hardship:

In addition to my mental health, I also have physical diagnoses of hypersomnia and high cholesterol (Exhibit R). I currently take medication for these two conditions. This closely ties in with the financial factors, because without insurance, my Provigil 200 mg 2 daily would cost $1,981.87 for a 3 month supply (Exhibit S) and my Lipitor 10mg 1 daily would cost $255.97 for a 3 months supply (Exhibit T). Because of this, it is important for me to have good insurance, as without these medications (particularly the one for hypersomnia), I am unable to function well, and run the risk of being unable to hold down a job or adequately take care of myself or CHILD. Also, when I do restart my mental health medications, without insurance those would cost an additional $531.95 for a 3 month supply of Lexapro 20 mg 2 daily (Exhibit U), $1174.18 for a 3 months supply of Cymbalta 30mg 3 daily = 270 pills (Exhibit V), $375.98 for a 3 months supply of Trileptal 300mg 1 daily in it’s generic form of Oxcarbazepine (Exhibit W), and $1813.43 for a 3 month supply of Strattera 25mg 4 daily (Exhibit X), ($538.99 if written as 1 @ 100mg instead of 4 @ 25 mg - Exhibit Y). With my current insurance, these same medications cost $50 each except for Provigil which costs $100 for a 3 month supply (Exhibit Z). Although I’m sure prices are different in Argentina (and even vary by pharmacy in the USA for the cash prices), it is clear that the medications I take are expensive ones. Since it is unlikely that I could get insurance or pay for these medications in Argentina, it is important that I remain in the USA so I won’t have to be without my medication.

An additional health concern is my recent unintentional weight since I gave birth. I currently weigh approximately 30 pounds less than I did prior to my pregnancy (Exhibit R). This is a weight loss of approximately 15% from my pre-pregnancy weight. Any unintentional weight loss of greater than 5% in 6-12 months is cause for concern, and such weight loss is a common known reaction to stress/depression (Exhibit AA).

Children:

I strongly believe that for our child’s well-being, it would be much better for CHILD to have his father in the home in addition to myself, so that as a family we can raise him together. Studies conducted by the US. Census Bureau have concluded that children raised in a two-parent family have greater economic advantages than those raised in single-parent homes (Exhibit BB), and that children who have their fathers involved in their lives have greater educational advantages (Exhibit CC). The Convention on the Rights of the Child (Exhibit DD) recognizes “that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding.” In Article 7 they state, “The child shall…have the right from birth…to know and be cared for by his or her parents.” In Article 9 they state, “State Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interest of the child.” CHILD has never met his father, and I can already see that he craves a father in his life, even at his young age. He gravitates toward men who will give him attention. I’m afraid that without his father here to guide him and be a positive male role model for him, he could begin to gravitate toward the wrong men as he gets older, and end up abused or otherwise be led astray. Article 18 of the Convention on Rights of the Child goes on to state, “State Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child.” And Article 27 states, “States Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the State Party and from abroad. In particular, where the person having financial responsibility for the child lives in a State different from that of the child, States Parties shall promote the accession to international agreements or the conclusion of such agreements, as well as the making of other appropriate arrangements.” Permitting ALIEN to live in the USA with us would allow for him to be able to provide his portion of the financial responsibility for our son, as well as to actively participate in CHILD'S upbringing.

Another issue is that we would like to provide CHILD with a brother or sister. Given my current age (43 years), it is important that we do this as soon as possible due to the increased risk factors related to pregnancy after the age of 35 (Exhibit EE). By the time ALIEN'S 10 year ban expires, I will be 51. With my first child having been born with a low birth weight, and with the infant mortality rate in Argentina of 11.44 per 1000 births (Exhibit B) compared to 6.26 per 1000 births in the USA (Exhibit C), I would not want to pursue my high-risk pregnancy in Argentina instead of the USA. In addition, Argentina is on the Tier 2 Watch List for human trafficking, and Argentina lists an intermediate risk of major infection diseases, specifically the food or waterborne diseases of bacterial diarrhea and Hepatitis C, and the water contact disease leptospirosis (Exhibit B), and I do not want to put my child(ren) at such risk.

Personal:
In addition to having a fully furnished home, I have many personal belongings of sentimental value, including from my childhood and from my ancestors. If I were to move to another country, I could not afford to ship so many items, and it would cause me great heartache to give them up and not be able to pass them down to my child(ren). I have lived and worked in my current location since 1992, and have extensive ties to my employment, my church, and my community. I have never been to Argentina, and have no ties there other than ALIEN.

Additionally, my family is all in the USA, and my son is the only grandchild for my parents. My mom has waited so long to be a grandmother, and it would devastate her to have her one and only grandchild living in another country. In addition, my mom has numerous health issues, including arthritis, hypercholesterolemia, hypertension, dyslipidemia, diabetes, and severe nonischemic cardiomyopathy. The latter of these is also known as heart failure. I have included some of her health records, as well as an article describing her heart condition (Exhibit FF).
Because of her poor health, it is important to me to stay relatively close to home in case anything happens to her.

Summary:

Due to the stress of my situation as described above, coupled with my mental illnesses, it has taken me months to write this letter and gather the necessary documentation to send with it. I am struggling day-to-day to raise CHILD in a happy and healthy home, and often fall short because I am neither happy nor particularly healthy. I am overwhelmed, and seeing everything that I am unable to do only exacerbates that. I need ALIEN by my side to provide companionship and support, as well as to help with the daily activities of keeping a home and raising a child. I ask you to please have mercy on us and allow ALIEN to return to us, so we can be the family that our son and I need for us to be.

Thank you for your time and consideration,
USC


Attachments (I will highlight important data and when pertinent I will put page number in reference above)

Exhibit A
Birth certificate of CHILD

Exhibit B
https://www.cia.gov/library/publicat...k/geos/ar.html

Exhibit C
https://www.cia.gov/library/publicat...k/geos/us.html

Exhibit D
Car note

Exhibit E
Student Loan

Exhibit F
House note

Exhibit G
Master’s Degree

Exhibit H
http://www.state.tn.us/sos/rules/0450/0450-01.pdf

Exhibit I
http://www.embassyofargentina.us/esp...r/workvisa.htm

Exhibit J
Psychiatric records with diagnoses
DSM-IV-TR information about each diagnosis

Exhibit K
Hospital admission form

Exhibit L
www.depression.com

Exhibit M
http://www.nimh.nih.gov/health/publi...te-index.shtml

Exhibit N
http://add.about.com/od/adhdinadults/a/WomenADHD.htm
http://add.about.com/od/adhdthebasics/a/ADDvsADHD.htm

Exhibit O
http://web.archive.org/web/200606150...quicklist.html

http://web.archive.org/web/200204111...70/issues.html

Exhibit P
http://www.womenshealth.gov/news/english/632736.htm

Exhibit Q
Photos of living space

Exhibit R
Health records with diagnoses

Exhibit S
Label from most recent prescription
http://www.drugstore.com/pharmacy/pr...101&trx=1Z5006

Exhibit T
Label from most recent prescription
http://www.drugstore.com/pharmacy/pr...534&trx=1Z5006

Exhibit U
Label from most recent prescription
http://www.drugstore.com/pharmacy/pr...001&trx=1Z5006

Exhibit V
Label from most recent prescription
http://www.drugstore.com/pharmacy/pr...2324030_prices

Exhibit W
Label from most recent prescription
http://www.drugstore.com/pharmacy/pr...801&trx=1Z5006

Exhibit X
Label from most recent prescription
http://www.drugstore.com/pharmacy/pr...2322830_prices

Exhibit Y
http://www.drugstore.com/pharmacy/pr...130&trx=1Z5006

Exhibit Z
Insurance costs of medications documentation

Exhibit AA
http://www.nlm.nih.gov/medlineplus/e...cle/003107.htm

Exhibit BB
http://www.census.gov/prod/2003pubs/p20-547.pdf

Exhibit CC
http://www.census.gov/population/www.../FatherInv.pdf

Exhibit DD
http://www.crin.org/docs/resources/treaties/uncrc.asp

Exhibit EE
http://www.webmd.com/baby/guide/pregnancy-after-35

Exhibit FF
Mother’s medical records

http://lpig.doereport.com/displaymonograph.php?MID=16

__________________________________________________ _____
I am awaiting a letter of support from a co-worker which will cite my crying spells at work and my weight loss. I also have the following letter from my pastor:

Members of the U.S. Consulate:

I am writing on behalf of USC and her son CHILD. Ms. USC and her one year old son CHILD are members of our faith community. ALIEN is the father of this young lad. It has come to my attention that Mr. ALIEN has been denied a visa to enter the United States to be with his family. Our church is keenly intersted in uniting this family. We are also aware that Mr. ALIEN was in the United States illegally and now has a 10 year ban placed on his re-entry into our country. This action has created a precarious situation for Ms. USC and young CHILD. Lacking the needed support and presence that CHILD especially needs, this family is struggling with tremendous hardship emotionally, financially, and socially. My letter comes related to larger issues of childhood and poverty in America.

I have known Ms. USC for nearly 15 years. She is working hard to care for her son, but there are challenges that she faces which make her situation unique. USC suffers from depression which has intensified since Mr. ALIEN has left the United States. On one occasion I personally responded to a call for assistance when Ms. USC was ill with the flu and had no social support on which to call. She could not care for the child and members of our congregation assisted her. This mother and child barely scrape by. Ms. USC works as a counselor with other persons much like her who do not have the circumstances that she has. She is seeking state licensure so that she may improve her credibility in her chosen field. Without proficiency in Spanish and the challenges of another national credentialing body, Ms. USC is wise to stay put in Tennessee. Noteceably the stress of all this is apparent in Ms. USC's thin appearance and the emotional toll this is taking on her.

I, along with concerned members of our faith community believe that the support of Mr. ALIEN'S presence, ability to care for his family, and the bonds of family relationships can bring will be a major improvement in CHILD'S life and Ms. USC's stability. Young CHILD is thriving, but all hinges, like any child, upon his parents. The unfortunately separation of these parents due to immigration laws have imperiled the wellbeing of mother and child in this instance. We hope and pray that this family may be re-united and given the opportunity to grow, change and cecome like all our families without the severe stress of exile. I pray that in your discernment you will make an exception on behalf of this father, mother and child who deserve the opportunity to determine and pursue their happiness.

Sincerely,
Reverend....NAME

[guzman23]

wow my personal opinion great well orgnized and good exhibits i think its good hope others will chime in I think the order is good I think personal or family ties could be stronger more of an argument ? good luck

[salsababy1968]

I think you have some good points. I'm not sure you argue them strongly, and some of the points perhaps are a little too detailed. Therefore the really strong points get hidden in the details. For example you drop in at the end your mothers condition, but talk a lot about your child not having structure, daily routine and food etc. Also I think some of the details of your episodes could be shortened and maybe removed. I don't have any expertise, but I have read a lot of approved letters and got a lot of advice from this forum. I redid my HSL for Lima after learning on this site and added more evidence. Maybe you could read some of the HSL and just consider reorganizing your strongest arguments and remove some of the small details that are likely to be considered "normal" hardship. It seems that perhaps your mothers health and your need to care for her might warrant more than a line at the end. Hope I don't overstep here, just want to help. There are others with a lot of epxerience that will help . It is really hard work i know, I still wonder if could do more, add more, change the way I wrote something..And proof , proof , proof. Wishing you the very best.