Kimberly Anne Lanuza

Hardship Argument: I-601A Javier Elmer Garcia Mogrovejo is an applicant for a I-601A waiver of inadmissibility. The applicant makes this request as a result of his alleged unlawful presence in the United States. We, therefore, request as that the USCIS find that the applicant’s United States citizen wife, Ms. Eva Maximina Garcia, would suffer extreme hardship and that I-601A APPLICANT’s application merits a grant in the exercise of discretion. Statement of the Case: 1. The applicant lives in the United States with his medically frail 89-year-old United States Citizen mother, Ms. Eva Maximina Garcia. 2. The issue at hand is whether the applicant can show that the lack of his presence in his mother’s, Ms. Garcia, life and whether moving to Pero would cause extreme hardship to Ms. Garcia. 3. 4. Ms. Contreras del Carmen's diagnosis are: • blindness (total on her right eye); • prediabetes; • hernia; • chronic musculoskeletal pain; • diminished memory, attentiveness, and hearing. Ms. Garcia is concerned about her ability to manage her health condition should Mr. Garcia Mogrovejo be required to leave the United States while she stays behind. She fears that the absence of her son could worsen her medical situation, potentially accelerating her health's decline. Facts: Mr. Garcia Mogrovejo, equipped with a high school education, has spent the past 22 years residing in the United States. Throughout this time, he has established himself as a bicycle mechanic, a profession through which he has not only made his livelihood but also provided financial support to his mother, in collaboration with his siblings. Eva Maximina Garcia, born on January 15, 1934. A straightforward, affable individual, Ms. Garcia is an 89-year-old U.S. citizen with roots in Peru, currently facing medical vulnerabilities that necessitate constant care. Residing with her son, Mr. Garcia Mogrovejo, who is 60 years old and serves as her primary caregiver, their lives are a testament to familial devotion and the challenges that come with age and health issues. Ms. Garcia, who was born and nurtured in Lima, Peru, and possesses a high school education, made the United States her home 20 years ago, bringing with her a rich cultural heritage and a lifetime of experiences. Mr. Garcia Mogrovejo's life is deeply interwoven with the care and support of his mother. As a single man without children, he has dedicated himself to ensuring the health and happiness of Ms. Garcia. Their daily routines — from taking short walks around the block to attending Mass together — not only highlight their close bond but also Mr. Garcia Mogrovejo's commitment to maintaining his mother's physical and spiritual health. His role extends significantly beyond companionship; he is crucial in managing her medical care, demonstrating a deep understanding of her health needs that surpasses mere filial duty. In support of Mr. Garcia Mogrovejo's I-601A waiver application, it is imperative to highlight his irreplaceable role as the primary caregiver and support figure for his elderly mother, Ms. Garcia, an 89-year-old U.S. citizen of Peruvian origin. Granting Mr. Garcia Mogrovejo a waiver of inadmissibility to remain in the United States is not merely a matter of legal procedure but a necessary action to prevent the infliction of extreme hardship on Ms. Garcia, who is heavily reliant on her son for her daily care and medical needs. Ms. Garcia is confronted with a multitude of chronic health conditions that significantly impair her quality of life and autonomy. She suffers from total blindness in her right eye following an unsuccessful cornea transplant, prediabetes, age-related musculoskeletal pain that restricts her motion, vertigo, and a decline in hearing. These ailments necessitate constant, dedicated care — care that Mr. Garcia Mogrovejo has tirelessly provided. His unwavering support encompasses not only physical assistance but also emotional comfort, highlighting his indispensable presence in his mother's life. Should Mr. Garcia Mogrovejo be forced to leave the United States, the consequences for Ms. Garcia would be dire. The absence of her primary caretaker would leave her in a vulnerable state, exacerbating her existing medical conditions and potentially leading to a rapid decline in her health. The loss of Mr. Garcia Mogrovejo's support would not only impact her physical well-being but also her emotional and psychological health, as she would be deprived of her son's companionship and the security his presence provides. On both legal and humanitarian grounds, Mr. Garcia Mogrovejo's application for an I-601A waiver represents a critical lifeline for Ms. Garcia. The waiver's approval is essential to ensure that she continues to receive the care she requires in the comfort of her home, surrounded by the love and support of her son. The alternative — a forced separation due to deportation — presents a scenario of extreme hardship for Ms. Garcia, highlighting the urgency and necessity of granting the waiver. In consideration of the severe health implications and the profound emotional distress that Ms. Garcia would face in the absence of her son, it is respectfully urged that Mr. Garcia Mogrovejo's I-601A waiver application be granted. Allowing him to stay in the United States to continue providing for his mother is not only in their best interest but also aligns with the humanitarian values underpinning immigration law and policy. The bond between Mr. Garcia Mogrovejo and his mother underscores the familial responsibility and care that form the cornerstone of their lives, making the approval of this waiver a matter of both compassion and justice. Ms. Garcia's well-being is intrinsically linked to Mr. Garcia Mogrovejo's presence in the United States, as his continued stay is vital for maintaining her health. As a model of civic responsibility, Mr. Garcia Mogrovejo has diligently fulfilled his tax obligations throughout his time in the United States, embodying the values of a law-abiding resident. The approval of his waiver of inadmissibility is crucial, not just for legal compliance, but to ensure that he can remain by his mother's side. This is essential for both their emotional well-being and Ms. Garcia's health, underscoring the need for a compassionate evaluation of their situation. Discussion: The applicant requests a waiver of his unlawful presence because his mother will suffer extreme hardship. Pursuant to section 212(a)(6) of the Immigration and Nationality Act, a determination must be made as to whether the applicant alleged to be inadmissible qualifies for a waiver under the INA 212(h). That section provides, in pertinent part, that refusal of admission of an alien relative would result in extreme hardship to the citizen or lawful permanent resident spouse of such alien. Common results of deportation are not sufficient to prove extreme hardship. Perez v. INS. 96 F. 3d 390,392 (9th Cir. 1996) “The hardship must be unusual or beyond that which is normally expected” Id. A waiver should be granted where there is a great actual or prospective injury. Shooshtary v. INS. 39 t .3d 1049, 1051 (9th Cir. 1994). The Board of Immigration Appeals has established factors to consider in determining extreme hardship. Among these factors is presence of the United States citizen and permanent resident family ties, significant conditions of health. Especially when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate and endure the financial impact of departure from this country. In re Cervants-Gonzalez, Int. Dec. 3380 (BIA 1999). These factors should be considered cumulatively. Matter of Ige, 20 I&N Dec. 880 (BIA 1994). A. IMPACT ON FAMILY TIES A denial of admission would result in extreme hardship will severely impact Ms. Garcia’s family ties. The indispensability of Mr. Garcia Mogrovejo as the primary caretaker for his nearly 90year-old mother, Ms. Garcia, cannot be overstated. His comprehensive care encompasses every facet of her daily life, addressing her physical needs, health management, and emotional wellbeing. The potential deportation of Mr. Garcia Mogrovejo poses a grave threat to Ms. Garcia’s health and safety, highlighting the urgent need for his waiver of inadmissibility to be approved to prevent a situation of extreme hardship. Mr. Garcia Mogrovejo's role transcends that of a son; he is the linchpin of Ms. Garcia's ability to navigate her day-to-day life with dignity and comfort. Given her advanced age and medical conditions, including mobility issues that render her unable to use the bathroom independently, his presence is not merely supportive; it is critical. The thought of Ms. Garcia left without assistance for such fundamental needs is deeply concerning and underscores the severity of the impact should Mr. Garcia Mogrovejo be deported. Beyond physical assistance, Mr. Garcia Mogrovejo is pivotal in managing Ms. Garcia's health. His vigilant reminder for her to take her medication ensures that her treatment regimen is followed meticulously, a routine that is vital for her well-being. Furthermore, his oversight of her diet is especially critical given her diagnosis with prediabetes and hernias. Mr. Garcia Mogrovejo's dedicated monitoring and adjustments to her meals contribute significantly to managing her conditions and preventing further health complications. Should Mr. Garcia Mogrovejo be deported, Ms. Garcia would not only lose her son but her primary caretaker, the individual who ensures her health needs are met and her daily life is manageable. The absence of this care would leave her vulnerable, with no one to assist her in her mobility challenges, remind her of her medication, or oversee her dietary needs. Such a scenario is likely to lead to rapid deterioration in her health, increased risk of accidents, and a significant decline in her quality of life. B. ECONOMIC IMPACT A denial of admission would result in extreme hardship and would have a severe economic impact on Ms. Garcia. The indispensability of Mr. Garcia Mogrovejo in providing for his mother, Ms. Garcia, is both profound and irreplaceable. Having dedicated his life in the United States to the welfare of his mother, Mr. Garcia Mogrovejo has remained her steadfast provider and caretaker, forsaking personal ambitions to ensure her comfort and security. This commitment is especially poignant considering Ms. Garcia's advanced age, nearing 90, and her significant health challenges, including blindness. The scenario of Mr. Garcia Mogrovejo's potential separation from his mother presents a dire situation wherein Ms. Garcia would be left without any means of support, highlighting the critical need for his waiver of inadmissibility to be granted. Garcia is incapable of working or providing for herself. The absence of her son would not only leave her devoid of emotional support but, more critically, without a means to sustain her daily living and medical care. Given her reliance on prescribed medications and the need for ongoing medical attention, the absence of Mr. Garcia Mogrovejo’s financial support could have life-threatening implications. The situation demands more than a legal assessment; it requires a humanitarian consideration of Ms. Garcia's well-being. The potential separation of Mr. Garcia Mogrovejo from his mother is not merely a matter of immigration status but a profound issue of human dignity and the right to a life free from undue suffering. His deportation would effectively remove the essential support system for an elderly, blind woman, leaving her in a state of vulnerability and despair. Moreover, the currently, the minimum wage in Peru stands at 1025 PEN per month, equivalent to approximately 267 US dollars. Mr. Garcia Mogrovejo's role transcends that of a son; he is the economic pillar on which his mother relies for her daily needs and medical expenses. His income in the United States is currently adequate to cover these expenses, ensuring that Ms. Garcia receives the necessary care and medication for her age and health conditions. The importance of his financial contribution cannot be overstated, particularly in light of Ms. Garcia's vulnerabilities and dependencies. The average salary in Peru is significantly lower than what Mr. Garcia Mogrovejo earns in the United States, drastically reducing his ability to support his mother from abroad. Furthermore, having left Peru 22 years ago, Mr. Garcia Mogrovejo is effectively disconnected from any local networks or opportunities that might aid in securing employment upon return. This lack of connections, combined with the challenge of reestablishing himself in a vastly changed job market, presents a significant barrier to immediate employment. D. HEALTH CONDITIONS AND CARE FACTORS The health conditions and available care will cause Ms. Garcia to suffer extreme hardship if Mr. Mongovejo’s admission is denied. Eva Maximina Garcia, an affable 89-year-old U.S. citizen, faces a daily battle against a constellation of severe health challenges, including total blindness in her right eye, prediabetes, chronic musculoskeletal pain, and significant declines in memory, attentiveness, and hearing. Her son, Mr. Garcia Mogrovejo, a congenial 60-year-old born in Peru, stands as her unwavering pillar of support amidst these adversities. He is currently seeking a waiver of inadmissibility from the USCIS, a critical step to ensure he can remain in the United States to provide for his mother and shield her from the profound hardships that would inevitably follow his departure. Ms. Garcia's health conditions are severe and multifaceted, requiring constant and attentive care. The loss of her primary support figure would severely exacerbate her vulnerabilities, particularly as her conditions demand meticulous management that cannot be adequately provided in Mr. Garcia Mogrovejo's absence. His departure would leave her without the necessary support to manage her health, leading to inevitable deterioration in her condition. It is also crucial to consider the profound psychological impact his potential relocation to Peru would have on his mother, Ms. Garcia. Ms. Garcia has reported experiencing a constellation of mixed anxious-depressive symptoms, which are directly linked to her concerns over her own deteriorating health and the welfare and safety of her son should he be forced to return to Peru. These symptoms are not isolated emotional responses but are deeply intertwined with the potential upheaval of their lives. The concept of extreme hardship is vividly embodied in the potential consequences of Mr. Garcia Mogrovejo's removal from the United States. Ms. Garcia's dependency on her son for physical assistance, medical care coordination, and emotional support illustrates the grave impact his absence would have on her life. The hardship she would face is not hypothetical but a tangible, imminent threat to her well-being. E. COUNTRY CONDITIONS The country conditions in El Salvador will cause Ms. Garcia to suffer extreme hardship if Mr. Mr. Garcia Mogrovejo’s admission is denied. The potential deportation of Mr. Garcia Mogrovejo to Peru represents a critical concern not only for his own welfare but profoundly for the mental and emotional well-being of his mother, Ms. Garcia. At 89 years old, Ms. Garcia is already battling a host of health issues, compounded by depressive symptoms and significant anxiety about her and her son's future. The prospect of her son's deportation adds a harrowing layer of psychological distress, exacerbating her existing conditions and introducing relentless worry about her son's safety in a country known for its safety challenges. Significant human rights issues included credible reports of: unlawful or arbitrary killings; restrictions on free expression and media, including the existence of criminal libel laws and violence or threats of violence against journalists; serious government corruption; and lack of investigation of and accountability for gender-based violence. 1 1 h#ps://www.state.gov/reports/2022-country-reports-on-human-rights-prac:ces/peru/ As of 2022, 27 percent of the population lived in poverty, a sharp increase from 20 percent in 2019 (pre-pandemic), official data showed. People living in extreme poverty—unable to afford their most basic food needs—amounted to 5 percent of the population in 2022, compared to 3 percent in 2019. Children, people living in rural areas, and those who self-report as Black or Indigenous are disproportionately affected.2 Ms. Garcia's depressive symptoms, coupled with her fears and worries about her deteriorated health, are significantly intensified by the thought of her son relocating to Peru—a country she perceives as unsafe. Her son, Mr. Garcia Mogrovejo, is not merely a familial relation; he is her lifeline, providing not just physical care but emotional support that sustains her. The severance of this crucial support network would not only leave her physically vulnerable but would plunge her into a state of continuous mental and emotional turmoil. Peru, with its complex social and safety challenges, poses a myriad of risks, particularly for individuals like Mr. Garcia Mogrovejo, who have spent extensive periods abroad. Ms. Garcia's concerns for her son's well-being and safety in such an environment are not unfounded. The anxiety stemming from these concerns is likely to perpetuate a cycle of stress and worry, directly impacting her psychological health. The mental torture and stress of knowing her primary caretaker and son is in a potentially hazardous situation would be detrimental to her already vulnerable condition. The continuous stress and mental anguish associated with her son's potential deportation and subsequent safety would undoubtedly worsen Ms. Garcia's health. Stress and anxiety have tangible effects on physical health, particularly in the elderly, potentially exacerbating her existing medical conditions. The absence of her son would mean the loss of her primary emotional support 2 h#ps://www.hrw.org/world-report/2024/country-chapters/peru system, leaving her to contend with her health challenges alone, amidst heightened worries for her son's safety—a scenario likely to lead to a significant decline in her mental and physical health. In Peru, the quality of health care is considered poor. Quality healthcare is hardly present and it keeps a major part of the population bereft of healthcare. The 2022 National Household Survey (ENAHO) reveals that 7 out of 10 people who needed medical care did not receive it. Thirty-five percent of them cited long waiting times as the main reason. Despite over 99 percent of Peruvians holding health insurance, thousands still lack access to fundamental healthcare services. This is because currently, Peru has more than 25,000 health facilities nationwide: one for every 1,300 people. Poverty is also prevalent. The poverty rate in Peru is 25 per cent, meaning 1 in 4 Peruvians doesn’t have enough money to cover their basic food basket. Some 16.6 million people - more than half the population -- now find themselves without regular access to enough safe and nutritious food. Peru was also hit badly by COVID-19 and they still have a long way to go in terms of recovery. It suffered the world’s highest mortality rate during the pandemic, as more than 0.65 percent of the population succumbed to the virus. In parallel, these have also increased unemployment. Peru is also experiencing the increase in prices. Thus, it would be extremely difficult for Mr. Garcia Mogrovejo and her mother to relocate there should the former be removed in the United States. The prospect of Ms. Garcia migrating to Peru with her son, should he be deported, poses a significant and direct threat to her well-being and safety. The healthcare infrastructure in Peru, especially in terms of accessibility and quality of care for complex health conditions, does not compare favorably with what is available to Ms. Garcia in the United States. Considering Ms. Garcia's fragile health and the critical role that accessible, high-quality healthcare plays in her life, the danger of migrating to Peru cannot be overstated. The disparity in healthcare facilities and the potential impact on her ability to receive appropriate care make it imperative to consider the grave risks associated with such a move. Keeping Ms. Garcia in the United States, where she has access to necessary medical care and the support of her son, is not only in her best interest but is crucial for preserving her health and potentially her life. G. DISABILITY The fact that the Ms. Garcia is disabled will cause Mr. Mr. Garcia Mogrovejo extreme hardship if Mr. Garcia Mogrovejo’s admission is denied. Ms. Garcia's situation is one of acute vulnerability, heightened by her status as a disabled elderly individual. Her condition is not merely a consequence of advanced age but is compounded significantly by her disability — total blindness in her right eye following an unsuccessful cornea transplant. This condition severely limits her independence, making her heavily reliant on her son for basic mobility and day-to-day functioning. This reliance is not a matter of convenience but an absolute necessity for Ms. Garcia's safety, health maintenance, and quality of life. Ms. Garcia's dependency on her son extends beyond the typical care an elderly parent might require from an adult child. Her blindness necessitates constant, vigilant support for activities that many take for granted — walking around the block for essential exercise, attending doctor appointments to manage her health, and safely navigating the spaces of her own home. Her son's role as her caregiver is thus integral to her ability to lead a life with dignity and minimal discomfort. The loss of vision in one eye dramatically increases Ms. Garcia's risk of falls and injuries, making the presence and assistance of her son essential for her safe mobility. Whether it's guiding her on walks to ensure she gets the necessary physical activity or assisting her in navigating the layout of their home to prevent accidents, her son's support is critical. Additionally, his role in facilitating her medical appointments — from transportation to communicating with healthcare providers — is indispensable in managing her health and ensuring adherence to treatment plans. The prospect of her son's deportation introduces a scenario fraught with significant risk for Ms. Garcia. Without her son's assistance, she faces not only the physical dangers associated with her disability and age but also the profound emotional distress of losing her primary support figure. The thought of navigating daily life without her son's help is not only daunting but genuinely hazardous, given her specific needs as a disabled individual. I. DOS TRAVEL WARNINGS The fact that there are Department of State Warnings is a significant factor which will cause Ms. Garcia to suffer extreme hardship if Mr. Mr. Garcia Mogrovejo’s admission is denied. The advisory issued by the U.S. Department of State - Bureau of Consular Affairs on November 15, 2023, categorizing Peru under a Level 2 travel advisory due to heightened concerns regarding crime, civil unrest, and kidnapping risks, underscores the significant dangers associated with travel to or residency in Peru for Mr. Garcia Mogrovejo and, most critically, for his elderly mother, Ms. Garcia. This advisory serves as a stark reminder of the potential threats facing individuals in Peru, making the prospect of Mr. Garcia Mogrovejo and his 89-year-old mother, who is already contending with blindness and various medical complications related to her advanced age, relocating to Peru exceedingly perilous. Crime, including petty theft, carjackings, muggings, assaults, and other violent crime, is common in Peru and can occur during daylight hours despite the presence of many witnesses. Kidnapping is rare, but does occur. The risk of crime increases at night. Organized criminal groups have been known to use roadblocks to rob victims in areas outside of the capital city of Lima. Demonstrations occur regularly throughout the country. Public demonstrations can take place for a variety of political and economic issues. Demonstrations can cause the shutdown of local roads, trains, and major highways, often without prior notice or estimated reopening timelines. Road closures may significantly reduce access to public transportation and airports and may disrupt travel both within and between cities. The travel advisory issued by the U.S. Department of State significantly bolsters the argument against the deportation of Mr. Garcia Mogrovejo and the potential relocation of his elderly mother to Peru. Given the advisory's highlighting of serious safety concerns, it is clear that moving to Peru would not only jeopardize their physical safety but also pose insurmountable challenges to Ms. Garcia's health and well-being. This context underscores the necessity for Mr. Garcia Mogrovejo to remain in the United States, where he can ensure the safety, security, and health of his vulnerable mother. The advisory serves as a critical piece of evidence that their relocation to Peru would be not only imprudent but potentially life-threatening, reinforcing the argument for the approval of Mr. Garcia Mogrovejo's waiver of inadmissibility.