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I am a normal American middle class working mother and wife. We have been struggling like many Americans to make ends meet.
My family consists of my husband, my two children and myself. Prior to our meeting/marriage my husband came to the United States on a J1 Visa with a two-year residence requirement. My husband has been forced to return to his home country for two years.
We have consulted two different Immigration lawyers. We were informed that we could only file for a waiver based on Extreme Hardship. One lawyer informed us that we would have no chance of winning and the other gave a less than 50% chance and a cost of $2000-$3000 dollars. The Department of State website clearly states that separation of family is not considered an extreme hardship. Another option would be to pay my husbands government $100,000.00 to payoff the $50,000.00 he used for his education in the United States. Yes, they want double what he used within a 5-year period. But since he cannot work that is not an option.
Prior to this turning point my husband has finished his Masters degree in Business Administration/International Business with a 3.94 GPA and completed the practical training time allowed. He enrolled in a university last fall to keep his status legal and be able to stay in the US due to the impending birth of our second child. We were faced with him returning to his home country in February due to the fact that on one income it has become a strain to support the family and pay his tuition. Since we are unable to adjust his status to Permanent Resident Alien he is not eligible for a work permit and cannot work. Since the events of September 11th even when he had a permit and applied for positions was not granted any interviews due to the unemployment rate. He instructed a summer course in Global Political Economy at the University where he obtained his Master's degree while he had a practical training Visa.
As an American citizen, I do not want to raise our children anywhere but the US. My daughter will be starting school soon and will not have access to an English speaking institution in my husband’s home country. Neither my daughter nor myself speak the native language. Living apart is not fair to my young children. Depriving my children of their father at such a young age could affect them for the rest of their lives. Children are the future of this country.
As Americans, in the current time we face retaliation anywhere else in the world. This would not be a safe environment for my children.
Now we are faced with the choice of leaving the United States to go to a country where we will not feel 100% secure or stay in the United States and become a single parent family for all intended purposes.
Being an American it is difficult to understand how we allow people to reside in our country that have the ability and hatred to harm any American. It is even harder to fathom the fact we would force a family that includes three Americans to be separated or live in a potentially unsafe environment. Especially when this family contains a foreign national that desperately wants to stay in the United States and become a citizen and has been following the proper procedures required by the INS. J1 Visa waivers should be allowed for a J1 Visa holder who has since married an American citizen and has American citizen children. How can the INS allow people to illegally reside in the US, such as the case with John Malvo, then on the other hand force a family containing three Americans to be separated for two years or live outside of the US?
Even in the recent case of Jesica S. her family was illegal and allowed to stay in the US.
I have followed the channels that were suggested to me by writing my Congressman and Senators. I received acknowledgement of my correspondence. We all know there are flaws in the INS. These flaws that force American families to be separated or leave the country need to be addressed.
This is why I am writing this to you. I plead for your help. If you can just send a $1. My daughter cries at night for her father. What kind of mother would I be if I did not try to raise the $100,000?
I know that some will look down upon this but I feel this is more of a worthwhile plea than $ for a boob job. I know there are good people left in the world and I pray that they can help us.
Thank you for at least taking the time and reading our plight.
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Links
Department of State
INS - Immigration
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