BOARD OF
DIRECTORS
Arturo Rodriguez
President
Tanis Ybarra
Secretary
Lupe Martinez
Center for Race,
Poverty and the
Environment
Gina Montoya
MALDEF
Ramon Ramirez
PCUN
UFW FOUNDATION
December 2, 2011
US Citizenship and Immigration Services
US Consulate in Ciudad Juarez, Mexico
General Paseo de la Victoria #3650.
Fracc. Partido Senecú
Ciudad Juárez, Chihuahua, Mexico C.P. 32543
Re: I-601 Waiver and Supplemental Evidence of Extreme Hardship
Petitioner: Joe SMITH, US citizen
Beneficiary: Jane SMITH
Dear Immigration Officer:
The UFW Foundation is representing Jane Smith with respect to her request for an I-601 Waiver. A signed Form G-28 is enclosed. Mrs. Smith is the spouse of Joe
Smith, a United States citizen who filed a visa petition (form I-130) on behalf of his wife, which has been approved. Mrs. Smith entered the United States without proper documentation at age 12 in October, 2002 and has lived in California ever since. In
October, 2009, she married Mr. Smith. She is is requesting a waiver of inadmissibility under INA 212(a)(9)(b)(II).
The Board of Immigration Appeals (BIA) in Matter of Cervantes-Gonzalez
(1999) lists the factors it considers relevant in determining whether an applicant has established extreme hardship. These include family members who are US Citizens or
Legal Permanent Residents living in the U.S., the conditions in the immigrant's home country, as well as health conditions suffered by qualifying U.S. Citizen family members and the availability of medical care in the immigrant's home country.
Mr. Smith is a U.S. Citizen and will suffer extreme and extraordinary hardship if his wife cannot live with him in the United States. He suffers from various medical conditions that affect his daily life and these conditions will worsen if he does not have his wife to help him care for himself. Mr. Smith is a recovering alcoholic and his wife has been crucial to his continuing recovery. Due to numerous arrests for alcohol-related incidents that occurred before he met his wife, he cannot get a
California Drivers' license. In addition to his driving record, his acute astigmatism makes it very difficult to drive and he relies on his wife to drive him to work, to doctors' visits and to his ongoing alcohol counseling.
With his wife's help, Mr. Smith has been able to quit drinking, finish college and hold a steady job since marrying her in 2009. Together they have a dog, Spot, to whom Mr. Smith is very attached. Mr. Smith's dog has been important in helping
_________________________________________________________________________
UFW FOUNDA TION is a BIA-recognized 501(c)(3) non-profit organization
238 18th St., Suite 4, Bakersfield, CA 93301
Headquarters: 4545 Cesar Chavez Ave., Los Angeles, CA 90022 www.ufwfoundation.org

UFW FOUNDATION him overcome clinical anxiety and depression. He relies on his wife to help care for
Spot, whom he considers a full member of the family. Without his wife in the United
States, Mr. Smith fears he could not keep his dog, which would further exacerbate his emotional and mental condition. If either Mr Smith or his wife were to return to
Mexico, he believes he will suffer extreme emotional and mental hardship, given his documented history of depression, anxiety and substance dependence.
Mr. Smith is a U.S. Citizen who derived citizenship through his mother,
Veronica Smith. He has lived in the United States with his parents since the age of three. Both of his parents are also naturalized citizens. He attended both high school and college in the United States. Returning to Mexico to live with his wife would cause him great economic hardship, since his education and credentials would not be valued there. A return to Mexico could also increase the anxiety and depression that he suffers from, and he fears his ongoing recovery from alcoholism could be jeopardized, putting his life and health in danger.
Enclosed is Form I-601 signed by the applicant. In support of Ms. Smith's I-601 waiver request, please find the enclosed declaration by Mr. Smith , as well as additional evidence of the extreme hardship he will suffer if his wife is not permitted to return to the United States:
Enclosed for filing please find:
I.
Required Forms
-Form G-28 signed by applicant
-Form I-601 application for Waiver
-$585 USCIS I-601 fee
II.
Proof of identity and eligibility for waiver
-Photocopy of Mrs. Smith birth certificate with translation
-Photocopy of couple's marriage certificate
-Photocopy of U.S. Citizen husband petitioner's U.S. Naturalization
Certificate
III.
Proof of Extreme Hardship
Sworn declaration of Joe Smith , US Citizen husband of applicant
-Sworn declaration of Jane Smith Vazquez, applicant a . Evidence of Physical and Psychological Hardship and potential
medical harm to US citizen spouse
_________________________________________________________________________
UFW FOUNDA TION is a BIA-recognized 501(c)(3) non-profit organization
238 18th St., Suite 4, Bakersfield, CA 93301
Headquarters: 4545 Cesar Chavez Ave., Los Angeles, CA 90022 www.ufwfoundation.org

UFW FOUNDATION
-Letter from Dr. Baxter, MD, Fellow of the American Academy of Sleep
Medicine (FAASM) and the American College of
-Chest Physicians (FCCP) regarding petitioner's treatment for anxiety,
depression and insomnia.
-Copy of letter by Dr. Scott, Doctor of Optometry regarding petitioner's acute astigmatism and his reliance on his wife for treatment and daily tasks
-Copy of criminal record from Kern County Superior Court; Mr. Smith was
arrested in 2003, 2005 and 2007 for driving under the influence (DUI).
-DMV record print-out showing Mr. Smith's multiple license suspensions for
alcohol-related incidents; Mr. Smith can no longer legally drive in California.\
-Client's copy of counseling schedule for the ongoing alcohol counseling and
group therapy he is undergoing; Mr. Smith is a recovering alcoholic.
-Letter from Ms. Lopez, Executive Director of STEPS Substance Abuse
Education and Prevention program, regarding petitioner's participation in DUI program and his ongoing reliance on his wife for transportation to STEPS services
-Copy of veterinary records for petitioner's dog “Spot” showing wife as primary caregiver; Mr. Smith relies on his wife to help him care for the dog, which he says has contributed to his recovery from alcoholism and depression
-Photos of Mr. Smith with couple's dog Spot
-Sworn declaration of Valerie Smith, mother of petitioner with proof of U.S.
Citizenship
-Sworn declaration of John Smith, father of petitioner with proof of U.S.
Citizenship b. Evidence of Adverse economic and security conditions in immigrant's home country
-Copy of US Department of State Travel Warning for Mexico, dated April 22,
2011 indicating high levels of violent crime in applicant's home state of
_________________________________________________________________________
UFW FOUNDA TION is a BIA-recognized 501(c)(3) non-profit organization
238 18th St., Suite 4, Bakersfield, CA 93301
Headquarters: 4545 Cesar Chavez Ave., Los Angeles, CA 90022 www.ufwfoundation.org

UFW FOUNDATION
Sinaloa and her husband's birth state of Durango; The State Department
advises against unnecessary travel to those regions for U.S. Citizens.
-Copy of U.S. Department of State Emergency message dated August 26, 2011 detailing recent large-scale violence in Mexico and recommending caution for
U.S. Citizens residing in or visiting Durango, Mexico
-Copy of April 21, 2011 BBC News report detailing discovery of mass graves
in Mexican state of Durango
-Copy of May 10, 2011 BNO Newswire report about further discovery of more
mass graves in Durango, Mexico, including the capital Victoria de Durango
-Copy of July 20, 2008 Houston Chronicle article detailing drug-related
violence and police repression in Guamuchil, Sinaloa, applicant's hometown.
-Copy of petitioner's U.S. business degree from California State University,
Bakersfield; Petitioner believes he would not be able to find work
commensurate with his training in Mexico
-Copy of petitioner's elementary and high school records from Bakersfield,
California; petitioner was raised and educated in the U.S. In English and
believes he would have difficulty integrating in Mexico.
IV.
Proof of Applicant's Good Moral Character
-Sworn letter by April Gergich, foster parent with Safe Haven Agency and
close friend of the applicant
-Sworn letter by Bob Jones, high school counselor at North High school,
Bakersfield, CA
-Copy of applicant's high school transcript and diploma from North High
School, Bakersfield, CA
-Copy of transcript from Bakersfield College; applicant has earned 87 credit
towards an associate's degree in business
As is evidenced by this documentation, the applicant's husband Joe Smith will face extreme hardship if his wife is not allowed to return immediately to the United States.
Mrs. Smith is very eager to return to California with her husband, so
_________________________________________________________________________
UFW FOUNDA TION is a BIA-recognized 501(c)(3) non-profit organization
238 18th St., Suite 4, Bakersfield, CA 93301
Headquarters: 4545 Cesar Chavez Ave., Los Angeles, CA 90022 www.ufwfoundation.org

UFW FOUNDATION that she may continue to care for him and help him with driving, emotional support, proper nutrition, and caring for their dog Spot. Considering his history of depression, anxiety, insomnia, vision problems, his difficult recovery from alcoholism, and the dangerous conditions in his and his wife's home states in Mexico, Mr. Smith would suffer greatly if he were separated from his wife or if he followed to live with her in
Mexico.
In light of these facts and Mr. Smith's extraordinary dependence on his wife, we ask you to grant her request of a waiver of inadmissibility authorized in INA
212(a)(9)(B)(v). If you have any questions about this application or require additional documentation, do not hesitate to contact this office. We may be reached by the phone number or email listed below. Please address a copy of any correspondence in this case to this office at the address below.
Thank You.
Sincerely,
Richard Gorman
BIA Accredited Representative
UFW Foundation
238 18 th St. Suite 4
Bakersfield, CA 93301
661-324-2500
_________________________________________________________________________
UFW FOUNDA TION is a BIA-recognized 501(c)(3) non-profit organization
238 18th St., Suite 4, Bakersfield, CA 93301
Headquarters: 4545 Cesar Chavez Ave., Los Angeles, CA 90022 www.ufwfoundation.org