Kimberly Anne Lanuza

Martha Esperanza Sangurima is an applicant for an I-212 waiver of inadmissibility. The applicant makes this request as a result of her alleged unlawful presence in the United States. We therefore, request that the USCIS find that the applicant’s United States citizen spouse and children would suffer extreme hardship and that Martha's application merits a grant in the exercise of discretion. Statement of the Case: 1. The applicant resides in the United States with her spouse, who is a U.S. citizen, and their two children. The pivotal question is whether the applicant can show that the lack of her presence around their family would cause extreme hardship to her United States citizen family. 2. The applicant is currently facing a challenging health situation, having been diagnosed with thyroid issues for which she is undergoing medication. The stability and continuity of her medical treatment are crucial for her health and well-being. Moreover, Martha's family is also experiencing significant health challenges that require attention and care only available in the United States. 3. Martha’s husband has been diagnosed with sciatica pain, a condition that severely impacts his quality of life and ability to perform daily activities. He is currently under the care of a chiropractor, attending monthly appointments to manage and alleviate his condition. The specialized medical care he requires is critical to his recovery and overall health. 4. Furthermore, Martha's youngest daughter, Valerie, who is a minor, is facing serious health and psychological challenges. Valerie has been diagnosed with asthma, necessitating close and continuous medical treatment. In addition to her physical health concerns, Valerie is struggling with anxiety, depression, and panic attacks, which have led to thoughts of self- harm. The severity of her condition requires specialized medical and psychological support to ensure her safety and facilitate her recovery. 5. During the clinical interview, it was observed that Martha's two children, Kevin and Valerie, demonstrate a healthy attachment to their mother. Consequently, a separation from Martha's could result in substantial emotional turmoil for both Kevin and Valerie. Discussion: Mrs. Martha Esperanza Sangurima requests a waiver of her unlawful presence because her family 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 citizens or lawful permanent resident’s husband and family. 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 relocated, and 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). Valerie, Martha’s youngest daughter would experience extreme medical hardship if her mother were separated from their family and sent to Ecuador. Valerie has been diagnosed with asthma, a condition that requires continuous medical attention and care. Valerie is prescribed a rescue asthma inhaler. Records from East End Pediatrics-School Medicine Administration Form dated 09/05/2023 indicate that Valerie is diagnosed with Asthmas a prescribed with “Albuterol HFA Inhaler (90 mcg/actuation), Inhale 1-2 puffs by mouth every 3-4 hours, prn wheezing or dyspnea”. Valerie’s asthma requires meticulous management, which Martha has been instrumental in overseeing. The disruption of this care could lead to a deterioration in Valerie's physical health. Beyond the physical challenges, Valerie also struggles with severe psychological issues, including anxiety, depression, and panic attacks, which have escalated to self-harm ideation. These conditions are not only serious but are exacerbated by stress and emotional distress. The absence of Martha could precipitate a significant regression in Valerie’s mental health, potentially leading to increased frequency and intensity of anxiety attacks, depression episodes, and, most alarmingly, self-harm behaviors. It has been unequivocally observed that Martha’s presence has a profoundly stabilizing effect on Valerie’s mental and emotional state. The symptoms of Valerie’s psychological conditions, including the distressing thoughts of self-harm, markedly subside when she is under her mother's care. Martha's constant support, understanding, and care provide Valerie with a sense of security and safety, which are indispensable for her day-to-day functioning and long-term recovery. The bond between Martha and her daughter is not only a testament to their deep emotional connection but also a critical component of Valerie’s health management strategy. Given the critical role Martha plays in the physical and psychological well-being of her daughter Valerie, it is clear that her deportation would result in extreme hardship for her children. Martha’s deportation would also cause extreme hardship to her husband, Jorge. Jorge's condition and the vital support Martha provides highlight the necessity for a compassionate consideration of their case. Jorge suffers from sciatica, a condition that causes significant pain and physical limitation. This condition necessitates regular, monthly appointments with a chiropractor, alongside daily assistance and care. As Jorge ages, the impact of his condition on his mobility and ability to perform daily tasks becomes increasingly pronounced. Without Martha's assistance, Jorge's condition could worsen, potentially leading to increased pain, decreased mobility, and a higher risk of complications. The absence of her support in managing his appointments and exercises would significantly impact his recovery and maintenance of health. Jorge's sciatica pain limits his capacity to work. Martha's support enables him to continue providing for their family and to cover the educational expenses of their two children. Losing Martha would not only burden Jorge with additional household responsibilities but also jeopardize their financial stability, given his compromised ability to work. Martha's deportation would remove the critical emotional support and partnership Jorge relies on. Jorge's life before Martha was marked by a series of unsuccessful marriages that left him disillusioned and disconnected from his familial ties. These experiences had a profound impact on Jorge, leading to a significant estrangement from his family and a pervasive sense of hopelessness regarding personal relationships and his future. Martha's entrance into Jorge's life marked a turning point. As a loving and compassionate partner, she has been instrumental in mending the rift between Jorge and his family, thereby restoring his sense of belonging and connectedness. Her influence has been transformative, not only rekindling Jorge's familial relationships but also reigniting his hope and optimism for the future. Given the intertwined nature of Jorge's physical health and emotional well-being with Martha's presence in the United States, her deportation would result in extreme hardship for Jorge and their children. The essential support Martha provides is irreplaceable, making her presence in the country not just beneficial but necessary for the health and welfare of a U.S. citizen. On the other side, should the family relocate to Ecuador, the specialized medical and psychological care required by Jorge and Valerie may not be adequately met, given the disparities between the healthcare systems of Ecuador and the United States. Martha is particularly concerned about the potential inability to access comparable quality care for her children and husband in Ecuador, should their health needs intensify. The potential deportation of Martha poses a grave risk of plunging her family into extreme financial distress. Both Martha and Jorge have been integral to the financial stability and future prospects of their family, with each playing a crucial role in meeting their household's financial obligations and striving towards the educational aspirations of their children, Kevin and Valerie. The removal of Martha from the United States would not only disrupt the delicate financial balance they have achieved but also jeopardize the educational ambitions they harbor for their children. Martha has dedicated over two decades of her life as a full-time employee at a deli store, while Jorge has been employed as a carpenter for 23 years. Together, they have worked tirelessly to support their family, managing to cover essential expenses such as rent, utilities, groceries, a car loan, insurance, and phone bills. Their combined income is not merely a means of sustaining their present lifestyle but a crucial investment in the future they envision for their children— particularly in affording them a college education. Kevin and Valerie stand at pivotal moments in their educational journeys. While Kevin is contemplating the possibility of college, Valerie is resolute in her ambition to pursue a nursing degree. The realization of these dreams is heavily predicated on the financial support and stability provided by both parents. Martha's potential deportation would sever a critical financial lifeline, likely compelling both children to enter the workforce full-time to help sustain their family. This shift would not only strain the family's daily living conditions but also derail the educational trajectories of Kevin and Valerie, potentially altering their future opportunities and aspirations. Martha's deportation would halve the family's income, placing an untenable burden on Jorge to meet all financial obligations alone. The immediate impact would be felt across all aspects of their life, from basic necessities to ongoing financial commitments. The ambition to send Kevin and Valerie to college—a dream long-held and worked towards by both Martha and Jorge—would face insurmountable challenges. The financial shortfall would likely necessitate prioritizing immediate survival over educational investments, forcing the children to postpone or abandon their college aspirations. Martha's ability to support her family, particularly in facilitating the education of her children in the United States, hinges on her capacity to maintain employment and earn a sufficient income. The prospect of deportation introduces a multitude of challenges that would severely impact her capacity to contribute financially to her family's well-being and their educational goals. Martha is deeply committed to ensuring that her children receive a quality education, recognizing the opportunities and advantages that an American education can provide. The potential relocation of her children to Ecuador, should it become necessary for family unity, would confront them with educational systems that may not meet the standards Martha aspires for them. The disparity in educational quality and resources could hinder their academic and professional futures, a consequence Martha is eager to avoid. The ripple effects of Martha's deportation would extend beyond immediate financial distress, undermining the family's long-term economic stability and security. The absence of Martha's income and her ability to contribute to the household would diminish the family's capacity to save, invest in their children's futures, and secure a financial safety net. It is also crucial to address the profound psychological impact and potential trauma that deportation would have on her family, particularly her husband, Jorge, and their children, Kevin and Valerie. The potential separation from Martha poses a severe risk to their emotional stability, psychological health, and overall family dynamics, highlighting the indispensability of her presence for the well-being of her family members. The deportation of Martha would precipitate a profound psychological crisis for Jorge, Kevin, and Valerie. The sudden and enforced separation from a spouse and mother would not only disrupt the family unit but also inflict significant emotional distress, manifesting in anxiety, and depression. Moreover, research supports that the loss of a maternal figure can have harmful consequences. Psychological research in families from all ethnic backgrounds suggests that a mother’s affection and family involvement is relevant to promoting social and emotional development. For Kevin and Valerie, who are in critical developmental stages, the absence of their mother's emotional support and guidance could have lasting negative effects on their psychological well-being and social development. Not only would Martha being gone affect the family in numerous ways, but Martha herself would also suffer from extreme hardship, focusing on the severe implications her deportation would have on her health, specifically her well-managed thyroid condition. Martha has been diagnosed with a thyroid condition, for which she has been prescribed Levothyroxine, a crucial medication that she must take daily to maintain her health. This medication regulates her thyroid function, preventing a range of potentially severe complications associated with thyroid disease, including but not limited to cardiovascular issues, neurological problems, and severe metabolic imbalance. Should Martha be deported, there is a genuine concern regarding the availability and consistency of her medication in Ecuador. The quality and accessibility of healthcare services and pharmaceuticals do not uniformly match those available in the United States. This disparity could result in interruptions to her treatment, risking uncontrolled thyroid levels and the exacerbation of her condition. Given the serious nature of Martha's thyroid condition and her dependence on daily medication and regular medical oversight, her deportation to Ecuador could have dire health consequences. The inability to guarantee continuous access to her prescribed medication and the requisite standard of healthcare poses a substantial risk to her well-being. Another type of hardship Martha would face is extreme emotional hardship from worrying about her safety and the other greater distress regarding the possibility of having her children relocate to Ecuador with her. She and her family might be placed in a defenseless situation as a result of Ecuador’s elevated Crime rates. Martha's concern for the safety and security of her family, particularly the risk of being targeted for crimes such as kidnapping because her children are U.S. citizens, is not unfounded. This argument is grounded in the broader context of crime rates in Ecuador and the specific vulnerabilities that her family would face as returnees from the United States. According to U.S. Travel Advisory publish recently on March 8, 2024 US Citizen’s are alerted to exercise increased caution in Ecuador due to civil unrest, crime, and kidnapping. Some areas have increased risk. U.S. embassy and consulate personnel are prohibited from traveling to some areas due to increased risk. Read the entire Travel Advisory. Crime is a widespread problem in Ecuador. Violent crime, such as murder, assault, kidnapping, and armed robbery, is prevalent and widespread. The rate of violent crime is significantly higher in areas where transnational criminal organizations are concentrated. The potential for Martha's family to be targeted is exacerbated by their status as returnees from the United States. Not only does this perception increase their vulnerability to being targeted for crime, but it also places them at a disadvantage in terms of local knowledge and networks that are crucial for navigating safety and security concerns. Without an established support system or familiarity with the local context, Martha's family would be at a heightened risk of victimization. The fear of being subjected to crimes such as kidnapping is a significant source of distress for Martha and her family. The psychological impact of this fear cannot be overstated—it affects their sense of security, well-being, and overall quality of life. The constant concern for their physical safety would impose an undue burden on the family, disrupting their ability to lead a normal, productive life. In addition to extreme emotional hardship, Martha would suffer from extreme financial hardship if she were to be separated from her family and sent to Ecuador. Upon deportation to Ecuador, Martha would face substantial obstacles in securing employment. The stark differences in the job market, combined with her lack of local networks and potentially differing job qualifications, would dramatically reduce her chances of finding work. Even if employment were obtained, the significant disparity in wages between the United States and Ecuador means that any income Martha could earn would be minimal in comparison to what she earns in the U.S. This drastic reduction in earning potential would render her unable to meaningfully contribute to her family's expenses in the U.S., including the critical educational costs for her children. The absence of a support network in Ecuador further compounds the difficulties Martha would encounter. Without local contacts or familiarity with the job market, her prospects of finding employment are significantly diminished. This isolation, coupled with the economic challenges, would place her in a precarious situation, far removed from the ability to support her family’s needs and aspirations from abroad. In conclusion, we respectfully request that Mrs. Martha Esperanza Sangurima’s application for an I-212 waiver be deemed deserving of a grant for the above-stated reasons.