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brendabeau
Mensajes: 853
Registrado: ‎11-30-2002
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COMO ESCRIBIR LA CARTA DEL PERDON *SIN ABOGADO*

COMO ESCRIBIR LA CARTA DEL PERDON SIN ABOGADO:

 RECUERDEN QUE LA EXTREME HARDSHIP DEBE EXPLICAR EL ENORME DANO MORAL, DE SALUD, ECONOMICO, PROFESIONAL, PSICOLOGICO, ETC QUE SUFRIRIA EL CIUDADANO AMERICANO SI LA RESIDENCIA (O VISA) LE FUERA NEGADA A SU FAMILIAR QUE PIDE.

**HAY ARGUMENTOS DE VARIOS NIVELES, HAY QUE PENSAR EN LOS MAS IMPORTANTES**:

 You want to give the adjudicator your strongest three to five arguments for hardship and PROVE your hardship with documentation. Don't 'bury' your stronger arguments among lots of weaker ones. Start with the strongest arguments first and include weaker ones later in the brief. Same thing with supporting documents. Support your points, but don't overwhelm. If you have a doctor's letter explaining your medical condition, you don't need 20 pages of lab reports.

SUPPORT YOUR ARGUMENTS WITH EVIDENCE

If you say your mom has a medical condition, supply a doctor's note. If you say you have unusual job skills specific to the US, get a letter from your employer. If you say your ex-wife would not allow you to take your mutual child abroad, get a letter from her if you can. Getting supporting documents can be a pain in the as, but DO IT! If you ask the doctor for your records and he doesn't return your call, CALL AGAIN!

If your mom's psychiatrist says he needs a release form from your mom, get her to sign one! If you're embarrased to tell your boss that the reason your performance has been slipping is because your wife was deported, bite the bullet and tell him and ask for a letter. Note: if you have a very strong argument, but you absolutely cannot get evidence - e.g. your spouse was the victim of a hate crime in her home country, but never reported it - include the argument anyway and give LOTS OF DETAILS.

Telling a very detailed story with names and dates can sometimes substitute for lack of evidence if it is credible that no evidence would exist (e.g. you had a surgery ten years ago relavant to your current state of health, but the hopital has purged the records).

KNOW YOUR STRONGEST ARGUMENTS

Below are just examples of various arguments on a scale from 1 to 5, with 1 being the strongest and 5 the weakest. It is not an exhaustive list.

Level 1 arguments:

(a) you have a MAJOR medical condition (e.g. brain tumor, multiple sclerosis, cerebral palsy) which makes you unable to move abroad and for which you really need your spouse in the US to help take care of you,

(b) you are caring for an elderly, chronically ill, or disabled relative who needs constant care and whose condition is bad enough that you either MUST live with the relative or you MUST spend at least an hour a day assisting the relative with things like hygiene or physical therapy, and this makes you unable to move abroad and makes you really need your spouse in the US to help you care for your relative and manage your other responsibilities, or (

c) your spouse's country is in a state of war or major political upheaval (e.g. Liberia).

Level 2 arguments include:

(a) you are the primary caregiver for your child(ren) from a prior relationship and the child(ren)'s other parent will not allow you to take the children out of the country AND the child(ren) have formed an emotional attachment to your new spouse or fiance(e),

(b) you have a serious medical condition that makes it very difficult for you to move abroad and you need your spouse to come help you (e.g. you need to have major surgery sometime in the next year, with an expected recovery time of several months),

(c) you are caring for a moderately disabled relative who normally can care for him/herself but occasionaly has episodes in which he/she needs a lot of help from you and during those time you, in turn, need help from your spouse,

(d) a relative is unusually financially dependent on you (e.g. your mother has just gone through a nasty divorce with your father in which she got nothing and because she has never worked, she doesn't qualify for social security, so you are supporting her in the entirety for the rest of her life),

(e) you have a child that you are putting through college or are about to put through college, or

(f) your spouse's country is on the verge of major political unrest (e.g. Boliva) or negative political change (e.g. Iran) or the country is known for oppression of one sort or another (e.g. you are a Christian woman and your husband is from Saudi Arabia), or it is in the infant stages of post-war recovery (e.g. Afghanistan).

Level 3 arguments include:

 (a) you are the non-custodial parent of a child from a prior relationship and you have an actual relationship with that child and the child's other parent will not allow you to take the child out of the country but your spouse or fiance(e) does not have a relationship with the child at this time,

(b) you have a significant condition that makes it inconvenient for you to move out of the country (e.g. severe asthma and your spouse lives in Mexico City),

(c) you have been diagnosed by a licensed psychologist/psychiatrist with clinical depression due to your spouse's immigration problems (I've argued to the Administrative Appeals Unit that this condition should be taken more seriously by adjudications officers, but at this time I am listing it as a 'moderate' argument),

 (d) you and your spouse have young children together or you have full custody of your child and can bring him/her abroad and your spouse's home country has bad public health conditions and bad public education,

(e) your job requires a license in both the US and abroad and it will be very difficult to get licensed abroad (e.g. attorney),

(f) you have job skills that are very specific to the US (e.g. a tax accountant with extensive familiarity with US tax law),

(g) your spouse's country has a very bad economy (e.g. Chad), (h) you have a close relative who is partially dependent on you financially (e.g. your mom gets social security but needs your extra $500 per month to stay in her present apartment) or physically (e.g. your mom pretty much gets around ok, but her health has been declining and you expect her to need more of your help in the near future).

Level 4 arguments include:

(a) you have debts you wouldn't be able to pay if you moved abroad,

(b) your spouse's country has a high unemployment rate,

(c) your spouse's country has a high crime rate,

 (d) you've been depondent since your spouse left the country, but haven't sought professional help,

(e) your parents are getting old.

Level 5 arguments include:

(a) you got a high score on the Holmes-Rahe scale,

(b) you and your spouse want to have children in the future (but are not currently pregnant) and either the wife is getting older or the foreign country has a high infant mortality rate.

Don't get discouraged if all you have is two Level 3 arguments and a couple of Level 4 arguments. While one Level 3 argument by itself might not make a strong case, a few put together can be very strong in the aggregate. Just present your case in the strongest possible light. If all you can think of is a couple of Level 4 and Level 5 arguments, I recommend that you pay for a consultation with an attorney to at least see if you can brainstorm some stronger arguments.

 Note: whenever you claim that a relative is dependent on you either for direct care or for money, you must explain why no other relative such as one of your siblings can provide the same care or support.

- La Beaux
Senior
brendabeau
Mensajes: 853
Registrado: ‎11-30-2002

Re: COMO ESCRIBIR LA CARTA DEL PERDON *SIN ABOGADO*

PREGUNTAS QUE DEBEN HACERSE A USTEDES MISMOS AL MOMENTO DE ESCRIBIR LA CARTA DE PERDON

… …OF THE US CITIZEN (CURRENT ISSUES): -

Do you have any medical conditions or diseases that require treatment? - Would the treatment be available in the foreign country? - Is the treatment expensive? If it was available in the foreign country, would you be able to afford there? - Is the treatment being provided by a specialist here in the U.S.? Could you find and/or afford a specialist in the foreign country? - Is the treatment being provided by someone here who knows your case well and could easily detect changes in your medical condition (thereby preventing even more serious medical conditions)? - If you were unable to obtain treatment for your medical condition, what is the worst-case scenario that could occur? Could you die? - If you don't have any medical conditions, what is the quality of the healthcare system in the foreign country as compared to the U.S.? Could you obtain affordable health insurance in the foreign country? - Are you a woman 35 or older and want to have children? Is the healthcare in the foreign country adequate to deal with emergency situations that result from high risk pregnancies and deliveries? What is the maternal mortality rate in the foreign country as compared to the U.S.? What is the newborn mortality rate in the foreign country as compared to the U.S.? (If it is higher in the foreign country, you are how many more times likely to die during pregnancy and childbirth in that foreign country?) Would you obtain the same quality treatment for potential or current fertility problems in the foreign country that you could or do obtain here? What are the worst-case scenarios with respect to high-risk pregnancies and/or fertility problems? Would you be able to obtain medical documentation to support your claims on all of the above? …

.OF THE US CITIZEN (POSSIBLE FUTURE OR IMPENDING ISSUES):

- Are you at risk for developing diseases (heredity or otherwise) that would require treatment in the future? If you didn't receive treatment at that time, what is the worst that could happen? (Consider using words like, "life-threatening", "chances of dying", "risk of death", "mortality rate", "survival", and "complications" as they apply.) Would you be able to obtain medical documentation to support your claims on all of the above? …

OF US CITIZEN FAMILY MEMBERS (CURRENT ISSUES): -

Do you have family members that rely on you in some way in obtaining their medical care? … i.e. do you drive them to their doctor appointments, fill their prescriptions for them, inject their insulin for them, ensure they are taking their medications as prescribed, etc? - What would be the worst-case scenario if you were not in the U.S. to continue doing these things? - How would it affect you not to be able to provide this care? (Consider using words like, "responsibility", "completely depends", "completely relies", and "completely trusts") Would you be able to obtain medical documentation to support your claims on all of the above? Would you be able to obtain letters from the family members in question, or from their physicians backing up your claims?

OF US CITIZEN FAMILY MEMBERS (FUTURE OR IMPENDING ISSUES): -

Will you be the primary caregiver for a family member in their elderly years? In addition to aging, are those family members also at risk for diseases in their elderly years (such as Alzheimer's, Parkinson's, etc.) - Might the lifespan of someone depend directly on your involvement in their care? - What would be the worst-case scenario for the family member if you were not in the U.S. to provide this care? - How would it affect you not to be able to provide this care?

PSYCHOLOGICAL -

Do you have a psychological condition or disease that has been diagnosed by a medical professional? - If so, how are those conditions impacted by the separation of you and your spouse or fiancé? … by the need to choose between spouse / fiancé and U.S. family if the waiver is denied? - How might those conditions be impacted by a waiver denial? - What is the worst-case scenario if the condition is not treated, or if you have prolonged exposure to severe stressors that may be present in your life? - How might any of the other hardships applicable to you impact your psychological condition? - How does the Holmes-Rahe scale rate you if you choose to use it? Could you provide documentation from the medical professional who diagnosed your condition to support your claims? Could you provide other documentation from reputable sites on the potential consequences of this condition?

FINANCIAL / ECONOMICAL

Loss of Income - What is the unemployment rate in the foreign country as compared to where you live in the U.S.? - What income could you expect to make (in US$) in the foreign country as compared to what you make here? Could you survive on that income? What non-emotional sacrifices might you have to make in order to survive on that income? How would it affect your standard of living? Loss of Assets - Would you have to sell assets in order to move to the foreign country? If so, how would this affect you? Loss of Good Credit Rating - Would you be able to pay the minimum monthly payment on debts here in the U.S. making the income you expect to make in the foreign country? If not, what is the worst-case scenario? Loss of Retirement Potential - Would moving to foreign country put your retirement in jeopardy? - Would you have to liquidate your retirement assets in order to do so? Would you incur large penalties in doing so, representing a loss money you wouldn't have otherwise? Loss of a Business - Do you own a business that would be negatively affected by you leaving it? What would be the worst-case scenario by you leaving? Financial Support of Loved One - Do you financially support a friend or loved one? Could you still support them financially if you lived in the foreign country? What would be the worst-case scenario if you were no longer able to support them? Financial Contribution of Your Spouse or Fiancé - Would the contribution to the household of your spouse or fiancé be larger if that person were here in the U.S.? Do you, or did you, depend on your spouse for financial support here in the U.S.? How has his or her departure from the U.S. affected you? (Consider using words like, "devastated", "destroyed", "completely", "ruined", "financial ruin", "obliterated", "destitute", "irreparable damage", "detrimental", "public assistance", and "welfare" if they apply.) Could you provide copies of financial statements on all of the above to support your claims? Could you provide facts from reputable resources on the internet or in local newspapers and magazines to back up your claims?

PROFESSIONAL STANDING -

Could you obtain a job in your current profession in the foreign country? (If not, do you have a job here in the U.S. that required a lot of time and money in training / education that would be wasted by moving to the foreign country?) - How would leaving your current job affect your career? - Would you have the same career potential in the foreign country? - Would you have the same career opportunities upon returning to the U.S. years later after moving to foreign country as you have now? (Consider using words like "skills", "skill set", "talents", "invaluable", "advanced degree" if they apply.) Could you provide documents or letters from colleagues, supervisors, etc. to support your claims of professional standing? Could you provide articles from local newspapers or magazines in the foreign country, or facts from reputable resources on the internet or other, to support your claims?

- La Beaux
Senior
brendabeau
Mensajes: 853
Registrado: ‎11-30-2002

Re: COMO ESCRIBIR LA CARTA DEL PERDON *SIN ABOGADO*

CONTINUA

TIES IN THE U.S… …TO FRIENDS and/or FAMILY -

Do you have children that must stay in the U.S. because of a divorce agreement or an ex-spouse who will not let them travel out of the country? - Do you have children with special needs that can only be met here in the U.S.? (medical, educational, mental, etc.) - Do you have other close relationships with someone here in the U.S. (siblings, grandchildren, aunts, uncles, cousins, etc.) that would be affected if you moved to the foreign country? How would the separation affect you? How would it affect the other person (especially if they are a USC)? - Could you afford to return to the U.S. to visit friends and family here? If not, how would that affect you? …

IN THE COMMUNITY

- Are you especially involved in your church, children's school, politics, community organizations? If so, how would it affect you to have to leave them? (Consider using words like, "isolation / isolated", "lonely / loneliness", "desolate", "separation", "exiled" "responsibility" and "sense of purpose" if they apply to you.) Could you obtain letters by friends and or family members to support the claim that you have a close relationship with them and to comment on your role in their life? Could you obtain letters by others in the community organizations of which you belong to support your claim that you are very involved in those organizations and what your importance in them is?

EDUCATION… …FOR THE U.S. CITIZEN -

Are you in an education program for which there is nothing comparable in the foreign country? If so, how might that affect you professionally, economically, mentally? - Are you planning to enroll in the future in a program for which there is nothing comparable in the foreign country? - Do you currently receive continuing education or training through your current job that you would not be able to receive if you lived in the foreign country? …

FOR THE U.S. CITIZEN CHILDREN -

What is the quality of the educational system in the foreign country as compared to here in the U.S.? If not, how might this affect them developmentally, socially, economically, psychologically? - Could you afford the same level of education in the foreign country as your children currently have here? Would you be able to provide transcripts and other documents to support your claims?

DAYCARE -

If you have children, would you be able to obtain quality day care if necessary in the foreign country?

LANGUAGE BARRIER -

Can you speak the language in the foreign country? If not, how would this affect your ability to get a job in your profession? … any job at all? How would this affect your socially? How would this affect you mentally or psychologically? How would it affect your quality of life? How would it affect your ability to make friends, get to know the family of your spouse or fiancé? - Can your children speak the foreign language? If not, how would this affect them educationally, socially, mentally, psychologically?

LACK OF FAMILY IN FOREIGN COUNTRY -

Do you have family in the foreign country other than your spouse or fiancé? If not, how might that affect you socially, mentally, and/or psychologically?

cRIME and THREAT TO PERSONAL SAFETY

- Is the crime rate higher in the foreign country than where you live in the U.S.? - Would your personal safety be at risk by living there? Would your life be at risk by living there? - If your spouse or fiancé were not allowed to return to the U.S. with you for visits, would traveling alone be difficult in any way for you? Could you provide facts from reputable resources or local newspaper articles from the foreign country supporting your claims?

DISCRIMINATION

- Is there discrimination in the foreign country based on: age, gender, race, religion, ethnicity, sexual orientation, skin color, etc? If so, how might this discrimination affect you in a worst-case scenario? Would it disrupt your life? Would your personal safety be at risk? Would your life be at risk? Could you provide facts from reputable resources or local newspaper articles from the foreign country supporting your claims?

POLLUTION -

Is the pollution worse in the foreign country than where you live in the U.S.? - Could the pollution worsen any medical conditions that you might have? What could be the worst case scenario for prolonged exposure to that pollution? - Are there any geographical characteristics (i.e. cold, arctic weather) of the foreign country that would make it impossible for you to live there?

CULTURE OF FOREIGN COUNTRY - I

s there anything about the culture of the foreign country that would make it very difficult / impossible for you to live there? … such as the way of thinking or beliefs of the people there, the political system, the government, or other aspects of society? - Are there hobbies you enjoy here in the U.S. that are not available to you in the foreign country? Would you be able to provide newspaper articles or other documentation to support your claims?

TERRORIST THREAT TO AMERICANS LIVING ABROAD -

Do you feel your personal safety or your life is at risk by living in a foreign country? Could you provide facts from reputable resources supporting your claims?

MISCELLANEOUS -

Are there any other factors that would prohibit you from being able to moving to the foreign country, such as a military obligation? ----------------------------------------- Other key words that could be useful: "imperative", "essential", "vital", "must"

- La Beaux
Cristal
willy1209
Mensajes: 6,921
Registrado: ‎11-12-2002

Re: COMO ESCRIBIR LA CARTA DEL PERDON *SIN ABOGADO*

brendabeau:

Gracias por la contribución de este tema al foro.En cuanto al daño psicológico, és bueno que la persona que pide un perdón, se haga un análisis medico-psicologico, para que el reporte médico también esté incluído con la carta.La carta del patrono en donde trabajaba ésa persona, también ayuda en cuanto a la productividad,efectividad y lacalidad de empleado(a) que el patrono había tenido.Saludos.

 

Wglez.
Senior
brendabeau
Mensajes: 853
Registrado: ‎11-30-2002

Re: COMO ESCRIBIR LA CARTA DEL PERDON *SIN ABOGADO*

Asi es Willy... Basicamente hay que ser creativo y convertir cualquier adversidad que hayamos vivido en nuestro favor para cuando se redactan las cartas del perdon.. traere unos ejemplos de cartas despues..

- La Beaux
Senior
brendabeau
Mensajes: 853
Registrado: ‎11-30-2002

Re: COMO ESCRIBIR LA CARTA DEL PERDON *SIN ABOGADO*

:cara_yes:
- La Beaux
Banned
ice1cej
Mensajes: 900
Registrado: ‎12-02-2006

Re: COMO ESCRIBIR LA CARTA DEL PERDON *SIN ABOGADO*

Felicitaciones amigo Willy.

Escrito por willy1209:

brendabeau:

Gracias por la contribución de este tema al foro.En cuanto al daño psicológico, és bueno que la persona que pide un perdón, se haga un análisis medico-psicologico, para que el reporte médico también esté incluído con la carta.La carta del patrono en donde trabajaba ésa persona, también ayuda en cuanto a la productividad,efectividad y lacalidad de empleado(a) que el patrono había tenido.Saludos.

 




_____________________________________________________________________________________________________________
™K2
Banned
ice1cej
Mensajes: 900
Registrado: ‎12-02-2006

Re: COMO ESCRIBIR LA CARTA DEL PERDON *SIN ABOGADO*

GOOD JOB.  :cara_yes:

Escrito por brendabeau:
:cara_yes:



_____________________________________________________________________________________________________________
™K2
Senior
brendabeau
Mensajes: 853
Registrado: ‎11-30-2002

Re: COMO ESCRIBIR LA CARTA DEL PERDON *SIN ABOGADO*

EJEMPLO DE UNA CARTA DE EXTREME HARDSHIP
 

To Whom It May Concern:

 I write this letter to request that the I-601 waiver be processed as soon as possible as our son and I are suffering extreme hardship by the separation while awaiting the approval of our I-601 waiver.

 Health

I am suffering from PVNS (Pigmented Villonadular Sinovitis), which is a benign tumor that originates from the synovial tissue of the joint. On a regular basis my knee suffers from serious stiffness and swelling of the joint due to the extra fluid created by the synovial lining. During these crises, I suffer from a decreased ability to flex and extent the joint. Due to this illness I have undergone two surgical operations, but unfortunately the illness has a high local recurrence rate and the periods of recuperation do not last long. My condition definitely not only does not allow me to be the playful mom that a five year old needs. Unfortunately I do not have medical insurance and I cannot maintain the required treatment as my work does not offer insurance, and this is an expense that is more of a luxury expense to me.

Once alien comes to the United States, he will be able to find a job that offers medical insurance and that will definitely improve my health. Although we had considered going back to Peru for the second time in order to reunite our family, our son ---- does not take Peru’s weather and environment very well. Unfortunately, due to Lima’s weather he continuously had a runny nose and cough for several months in the couple of years that we were there. In fact, he never really seemed to get completely well in between the colds. The symptoms significantly interfered with his sleep, decreased his quality of life, and slowed our child down and interfering with sports and active play. We could clearly see that the weather conditions in Peru were definitely unfavorable. Because of those constants health problems, xxxx had to finally undergo three surgical interventions here in the USA. Luckily he is now doing much better.

His health is better than never.

Financial Consideration

 Although I currently hold a full time job and both xxxx and usc are doing much better in the United States than in Peru, the truth of the matter is that with my husband additional support our quality of life could improve and we could all better ourselves and finally fulfill the American Dream that so many people here in this country are able to attain. Luckily I have been able to get an Administrative job in the Poway area close to my son’s school, but I need alien help to provide for many other necessities, like Medical Health. I also have to pay for utilities, clothes, food, daycare and any other expenses for xxxxx and myself. I would really like to find another job that pays more, but for that I need to go to school and learn other skills. However, I do not consider it fair to work for eight hours a day and go to school at night, not because of me, but because of xxxx. xxxx would be without me for additional hours, and it would be too much for him. I was also holding another job at night previously, but it was too hard, not only because of my absence at home, but because of my leg. My waitress job required me to be standing up all day, and my leg would end up swollen each night. It was too painful, and my managers starting noticing that it was interfering with my job.

Psychological

 My son xxxx loves his Daddy, this last time when we traveled to Peru to see my husband I could clearly see what a difference it makes when my husband is around xxxx. I see my boy proud to be next to him, and can appreciate how they both love each other and how much xxxx needs his father in his life. Lately xxxx classmates here in San Diego have started to say to him that he does not have a Dad, and I was really surprised to find out that xxxx could not stand up to them and tell them that that was not the case. I want xxxxx to grow ---- about both of his parents’ love knowing that he matters to their parents—that they are something important in his live. xxxx is such a sensitive boy and I consider it is important that the emotional bond is there to ensure that he progresses socially, intellectually and emotionally. When we said goodbye to my husband in the airport, xxxx would just hide his face in my lap and cried quietly. I felt the same pain, and although I was hurting inside, I could not show that to him, I cleaned his tears and told him that we would see his Daddy soon. But it took a while for him to smile again. xxxx needs his Dad; I wish I could show you that constant smile in Peru while the family was together. It was such a joy. Now he is back in San Diego, with only his mommy, and although we are very close, I know in my heart that he needs his Dad. I don’t want my husbands’ absence to affect him psychologically. He needs to know that his Dad cares, and that a family is more than a Mommy and a son.

The emotional hardship that my husband will endure if this waiver application is denied will be nothing short of devastating. Due to our separation, my husband xxxx has missed xxxx birthdays. He has also missed xxxxs first day in school and his first goal on his soccer game. xxxx would have been so proud of him. They both would have share each of these moments immensely.


- La Beaux
Diamante
angielmariela
Mensajes: 32,089
Registrado: ‎05-18-2005

Re: COMO ESCRIBIR LA CARTA DEL PERDON *SIN ABOGADO*

brenda y no puedes traer una cartita de sufrimiento en espanol manis ..... es que todo esta en ingles :cara_lloro: buen trabajo ........:cara_yes: