United States Citizenship Immigration Services

POB 21600
Phoenix, AZ 85036

________________________________

XXXXX, TGG XXXXXXX

Applicant.

________________________________

MEMORANDUM OF LAW IN SUPPORT

OF I-601 APPLICATION FOR WAIVER OF GROUND INADMISSIBILITY

I. STATEMENT OF THE CASE

The instant case involves Mrs. XXXXX, (hereinafter “Applicant”), a native

of Honduras and her U.S. born husband, Mr. XXXXX (married since 2006).

The Applicant entered the United States on June 23, 2002 without

inspection and has not left the United States. She is inadmissible pursuant to

INA §212 (a)(6)(i) because she sought to acquire Temporary Protected Status

(TPS) by misstating her entry date for qualification of the benefit. Applicant could

not supply the necessary proof of having continuously resided in the United

States since December 30, 1998 and consequently her application for TPS

benefits was denied. Notwithstanding the denial of the application, it is

undisputed the Applicant’s submission of an application for TPS by willfully

misrepresenting a material fact, to-wit: her date of entry into the United States,

violated INA 212 (a)(6)(C)(i) thereby making her inadmissible. The Applicant’s

true date of entry into the United States is June 23, 2002. Despite the

ground of inadmissibility, the Immigration and Nationality Act also provides for a
waiver under INA §212 (i)(1) if the Applicant is the spouse of a United States

Citizen and can show her spouse would suffer extreme hardship if she is refused

admission into the United States.

The Applicant has an approved I-130 petition, an approved I-601A

application and an open case with the National Visa Center (“NVC”).1 The

Applicant has paid the NVC fees.2 Both items serve as prima facie evidence of

eligibility for an immigrant visa. However, the Applicant’s case also requires the

Service’s favorable consideration of the instant Application for final immigrant

visa processing.

The home country at issue in this case is paramount to the analysis of

extreme hardship because Honduras is a country that has remained vanquished

since Hurricane Mitch destroyed the country in 1998. For more than 20-years

Honduras has been known as one of the poorest and most unequal countries in

Latin America. As a result of the storm, social, economic and environmental

conditions worsened substantially throughout the national territory and today the

evidence shows the country has not rebounded despite international aid and

incremental steps to progress. The United States has recognized Honduras’

poor situation by designating the country for Temporary Protected Status since

January 5, 1999. TPS remains in place until the year 2021.

Besides the overall country condition, the parties’ respective situations in

the United States are noteworthy. Applicant’s husband is 59 years old and born

in the United States. He has a host of health issues which have led him to

1 See Exhibit C and D, respectively.

2 Exhibit D

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 become legally disabled. His health issues are not easily cared for in Honduras.

Together, they live with Applicant’s adult daughter, XXXXX, a U.S. Lawful

Permanent Resident and a college student.

This memorandum focuses on the prospective hardships on Applicant’s

husband and requests a favorable exercise of discretion. The Applicant’s

application should be approved because the evidence supports approval in

accordance with Service policies for analyzing extreme hardship in waiver cases.

II. LEGAL STANDARD FOR A WAIVER OF INADMISSIBILITY

As the Service is aware, an adjudicator must consider a range of factors in

their totality and determine whether the combination of factors results in

hardships greater than those ordinarily associated with deportation.3 In addition,

such cases are reviewed on a case-by-case basis as there is no bright line test

for waiver consideration. Case law also supports using a balancing test of

favorable and unfavorable factors instead of a fixed and inflexible definition for

hardship.4

While it is understood deportation is disruptive and it is expected that the

loss of employment, the inability to maintain the present standard of living or to

pursue a chosen profession, or separation of a family member or cultural

readjustment will arise, independently they do not constitute extreme hardship.

3 See Matter of O-J-O, Int. Dec. 3280 (BIA1996); USCIS Policy Manual, Volume 9, Chapter 2
(Current as of June 28, 2017).
4 Matter of Cervantes-Gonzalez, 22 I&N Dec. 560 (BIA 1999)(facts and circumstances determine

hardship); Matter of Ngai, 19 I&N Dec. 245 (BIA 1984); Shooshtary v. INS, 39 F.3d 1049 (9th
Cir. 1994); Palmer v. INS, 4 F.3d 482 (7th Cir. 1993); See also, Matter of Mendez-Moralez, 21
I&N Dec. 296 (BIA 1996)(establishment of extreme hardship and eligibility for waiver still requires
a separate discretionary determination).

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 However, precedents have held these factors when taken together could

establish extreme hardship in many cases.5

Upon considering the entire submission, the Service, in applying the

preponderance of evidence standard, should conclude she is worthy of an

approval of her application because the favorable factors outweigh the two

negative factors (unlawful presence and misrepresentation of material fact).

III. APPLICANT’S HUSBAND WILL SUFFER EXTREME HARDSHIP IF HER

APPLICATION IS NOT APPROVED

a. Several authorities report HONDURAS is inhospitable.

i. Level of Development

The Human Development Index (HDI) produced by the United Nations

Development Program (UNDP) provides a broad assessment of relative levels of

development among the nations of the world.6 The HDI considers three basic

dimensions—longevity, knowledge, and standard of living—and measures life

expectancy, educational attainment and literacy, and income.7 In the 2018 HDI,

Honduras ranked 132 out of 189 countries, as compared to, for example, the

United States which ranked 15th.8 Overall, countries fall into one of three

categories—high, medium, and low development. At number 132, Honduras is at

the low end of medium development, twenty-one places above the cutoff point for

low development.9

5 See generally Matter of Pilch 21 I&N Dec. 627 (BIA 1996); Marquez-Medina v. INS, 765 F.2d
673 (7th Cir. 1985); Bueno-Carillo v. Landon, 682 F.2d 143 (7th Cir. 1982); Chokloikaew v. INS,
601 F.2d 216 (5th Cir. 1979); Banks v. INS, 594 F.2d 760 (9th Cir. 1979); Matter of Kojoory, 12
I&N Dec. 215 (BIA 1967).
6 http://hdr.undp.org/en/content/human-development-index-hdi
7 Id.
8 Id.
9 Id.

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 ii. Depressed Economy and Poverty

Honduras is the second poorest country in Central America and one of the

poorest countries in the Western Hemisphere.10

According to the U.S. Central Intelligence Agency, Honduras suffers from

extraordinarily unequal distribution of income, as well as high unemployment.11

According to the United Nations Development Program, the population living

below the poverty line was 62%.12 According to the World Bank, 1 out of 5

Hondurans live in extreme poverty or on less than US $1.90 per day. 13 The

country relies heavily on US trade remittances from Hondurans living outside the

country.14 The World Bank also reports that “despite the favorable economic

outlook, the country faces the highest level of economic inequality in Latin

America.15 Additionally, the World Bank studies have highlighted the importance

of improving the quality of education and diversifying sources of rural income,

given that most of the country’s poor live in rural areas and depend on agriculture

for their livelihoods.16

iii. Inequality

Honduran society is characterized by extreme social and economic

inequality. The UNDP reports that the national income share held by the poorest

10 Exhibit U
11 Exhibit AA
12 United Nations Development Program. Human Development Report 2018;

http://hdr.undp.org/en/countries/profiles/HND
13 https://www.worldbank.org/en/country/honduras
14 Exhibit U
15 Id.
16 Id.

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40% of the population is 11%.17 UNDP also reports the inequality in national

income distribution is 35%.18 The richest 10% of Hondurans hold 38% of the

country’s national income.19

iv. Income

According to Trading Economics, an online economic resource on 196

countries, Honduras’ annual per capita income was USD$$4560 or

HNL$112,321.20 Additionally, the website denotes the family living wage in

Honduran currency is HNL$9210 per month or USD $374.21 The individual living

wage in Honduran currency is HNL$5350 per month or USD$217.22 Also, highly

skilled workers earn HNL$16,500 per month or USD $670 while low skilled

wages are HNL $8210 per month or USD $333.23 Since the Applicant supports

her household and the qualifying relative, it is easy to see as a domestic

employee she would be in the low end of unskilled labor in Honduras if she is

able to work at all.

v. Employment

Along the same idea of earning an income as a low-end unskilled laborer,

women have a more difficult time attaining employment in Honduras.24 In fact,

women ages 15 and older are underrepresented in the Honduran labor force.

17 http://hdr.undp.org/en/countries/profiles/HND
18 Id.
19 Id.
20 https://tradingeconomics.com/honduras/indicators
21 Id.
22 Id.
23 Id.
24 HDI reports gender inequality is 48%

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The Human Development Index reports women of working age represent 47% of

the labor pool.25

Equally bad is the overall employment market. More than 67% of the

population lives in poverty.26 In fact, one out 5 Hondurans lives in extreme

poverty (less than $1.90 per day).27 The Central Intelligence Agency (CIA)

reports approximately one third of the people are underemployed.28

Despite a modest economic growth of about 3 to 4% from 2010 to 2017,

the C.I.A. also reports the growth is insufficient to improve living standards for the

nearly 65% of the population in poverty.29

The increased productivity needed to break Honduras' persistent

high poverty rate depends, in part, on further improvements in educational

attainment.

If Applicant and her husband were to relocate to Honduras they

would both be limited in finding employment opportunities since two primary

factors weigh heavily: Their ages and the country’s own internal struggle with the

aforementioned negative factors. Of specific concern is the fact the qualifying

relative is incapacitated due to his medical issues.30

Applicant would struggle since her ability to remain in a comfortable

situation relies on her ability to work in a strong economy, such as the United

States’. Separation would mean her husband would struggle since he is

25 2018 HDI Report

26 Exhibit Z
27 Id.
28 Id.
29 Id.
30 Exhibits J-N

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unemployed, and Applicant is the main bread earner in the family at the present

time. Applicant has also had numerous employment opportunities as a domestic

worker.31

In Honduras the labor force participation rate is 67% of the population

according to International Labour Organization.32 The unemployment rate is

currently 5.7%.33 The underemployment rate is 15%.34 Out of the estimated

80% working population, the division of work areas are broken down as follows

31% agriculture, 20% industry and 49% of services.35 Observing the data,

domestic work, which is what the Applicant is able to perform, would fall under

the “services” pool of labor, which has the highest representation, but also

presents the highest probability of inequality and thereby discrimination against

the Applicant being able to acquire such employment. Frankly, it is highly

improbable to think the Applicant would be able to work in an affluent household

as a domestic servant in Honduras.

vi. High Crime, Danger and Security Risks

Under this subpoint, the Applicant and her husband have legitimate

concern over their safety if they were to relocate to Honduras together. As

inconceivable as it sounds, emigres could be profiled by criminal elements.

Such profiling could take the form of speech patterns, style of dressing, material

possessions and even places where people choose to live, since it is well-

31 Exhibit P
32 https://ilostat.ilo.org/data/country-profiles/
33 Id.
34 Id.
35 Id.

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 known affluent people live in certain areas compared to the rest of the

population, who live in rural areas. On average, victimization rates increase with

socioeconomic status, city size, and population growth at the city level.36

Honduras has been plagued by the same levels of violence for years with

murder rates in the double digits per 100,000 persons (In 2017, the average was

44 murders per 100,000 inhabitants).37 The government lacks resources to

investigate and prosecute cases; police often lack vehicles/fuel to respond to

calls for assistance.38 Police may take hours to arrive at the scene of a violent

crime or may not respond at all. As a result, criminals operate with a high

degree of impunity.39 To make matters worse, In Sight Crime, a foundation

dedicated to the study of organized crime as the main threat to national and

citizen security in Latin America, reports that Honduran police are one of the

most corrupt and mistrusted police forces in Latin America, and the country’s

military has also been accused of engaging in criminal activities.40

There is serious risk from crime in Tegucigalpa. Since 2012 Honduras has

reported high crime rates.41 The location and timing of criminal activity is

unpredictable.42 There is no information to suggest that criminals specifically

target U.S. citizens or foreigners.43 However, the San Pedro Sula area has

36 Gaviria, Alejandro and Pages, Carmen, “Patterns of Crime Victimization in Latin America,”
Inter-American Development Bank, 29 Oct. 1999,
http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.199.4003&rep=rep1&type=pdf.
37 Exhibit T
38 Id.
39 Id.
40 Honduras Profile, In Sight Crime, In Sight Crime, Aug. 9, 2019,

https://www.insightcrime.org/honduras-organized-crime-news/honduras/
41 Id.
42 Id.
43 Id.

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 seen armed robberies against tourist vans, minibuses, and cars traveling from

the airport to area hotels.44 International non-governmental organizations

(NGOs) and USAID implementing partners have reported threats and violence.

Many people report receiving threatening phone calls or extortion attempts,

especially during Christmas and Easter holidays. 45 Typically, these are random

calls that originate from imprisoned gang members using mobile phones.46

There are an estimated 7,000-10,000 gang members in a country with an

approximate population of nine million people.47 The 18th Street and MS-13

(Mara Salvatrucha) gangs are the most active and powerful.48 Gangs are not

reluctant to use violence, and specialize in murder-for-hire, carjacking, extortion,

and other violent street crime.49 Gangs control some of the taxi services.50

Violent transnational criminal organizations are also involved in narcotics

trafficking and other illicit commerce.51

Roatán and the Bay Islands are geographically separate from and

experience lower crime rates than the mainland and other Caribbean islands.52

However, theft, break-in, assault, rape, and murder do occur.53 According to the

44 Id.
45 Id.
46 Id.
47 Id.
48 Id.
49 Id.
50See also MS 13 Grows Extortion Empire through Honduras Mototaxi Fleet, In Sight Crime, In

Sight Crime, June 7, 2019, https://www.insightcrime.org/news/brief/honduras-ms13-mototaxi-

fleet/
51 Honduras Profile, In Sight Crime, In Sight Crime, Aug. 9, 2019,

https://www.insightcrime.org/honduras-organized-crime-news/honduras/
52 Exhibit T
53 Id.

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 Roatán authorities, criminal events decreased in 2018 compared to previous

years.54

Being targeted for crime as a repatriated person is not far-fetched.

Applicant and her husband have a deep concern about this as they are informed

with the news and know the reports out of Honduras are extremely troubling.

vii. Qualifying relative’s age, a determinative factor

According to the Central Intelligence Agency, Honduras population over

the age 55 represents a slight 10% of the country’s overall population.55 The

average Honduran lives to be 71 years of age.56 The qualifying relative is 59

years old, unhealthy and unemployed. As certain as the sun rises, relocation to

Honduras will create employment stress as well as shorten his life span, which

is controlled with medicine and vigilant healthcare that is difficult to find in

Honduras. At the present time Honduras is saturated by youth and the

country’s health care programs are lagging far behind the United States

because access to basic healthcare is largely dependent on socioeconomic

status and environment (rural or urban).57 In Honduras, the Centers for Disease

Control and Prevention report 88.3% of the total Honduran population receives

care from the Ministry of Health.58

These facts coupled by extreme poverty inhibit the Applicant’s ability to

realistically find employment despite being a domestic worker. The Applicant’s

54 Id.
55 Exhibit AA
56 Id.
57 https://www.numbeo.com/health-care/in/Tegucigalpa; See also

https://borgenproject.org/healthcare-in-honduras/
58 https://www.cdc.gov/immigrantrefugeehealth/profiles/central-american/healthcare-

diet/index.html

Page 11 of 27
 husband remaining in the U.S. without her creates extreme hardship where he

relies on her and his government benefits to remain stable.

Relocating to Honduras with her husband presents an untenable situation

that exceeds the bounds of civility and is not a normal consequence of

relocation. In fact, just the opposite can be argued since whenever one seeks to

relocate to a new place a lot of planning goes into such a move before the

execution of a plan. Clearly, learning about safety, housing, employment,

access to adequate health services all figure into the planning. It is safe to say

U.S. Immigration law was not intended to create a detrimental situation for a

family encountering one of its members having to relocate due to a removal

order. The ameliorative benefit of a waiver would be ineffective if the overall

countries conditions of Hondurans were not weighed heavily in favor of

Applicant. The country is simply not even good for its citizens.

Another consideration that impacts health and well-being and constitutes

extreme hardship is the potential separation of husband and wife. Separation is

an especially cruel factor according to gerontological studies on loneliness and

older people. “Loneliness can affect anyone anywhere, children, adolescents,

adults, the old and the very old, however because some losses are inevitable,

such as separation and death of loved ones, disability, immobility, illness,

getting old, widowhood or simply the absence of relationship with other people,

loneliness can sometimes be built into the aging process.”59

59Halimah Awang and Nik Ainoon Nik Osman. “Loneliness and Older Adult’s Quality of Health
and Life”. EC Psychology and Psychiatry 5.3 (2017): 78-80.

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 “Thus, loneliness is not only found to be more common among the elderly,

the subjective experience of loneliness in old age seem somehow sadder and

more painful.”60

“Research has found that loneliness is a powerful predictor of mortality

and morbidity in old age.”61 “The odds of dying were about 40% higher among

people who claimed to often feel lonely than among those who never feel lonely,

net of social-demographic influences and social relationships.”62

Loneliness has also been found to predict greater cognitive decline, increased

risk of Alzheimer’s disease and dementia and other depression among the

elderly.63 Loneliness has been found to be a clinical marker of social and

emotional distress and linked to depression and cognitive decline in older

adults.”64

In another study conducted on 1604 participants researchers found that

loneliness is a common source of suffering in older persons.65 According to the

results, “lonely subjects were more likely to experience decline in ADLs; develop

difficulties with upper extremity tasks; decline in mobility, or difficulty in

climbing.”66 “Loneliness was associated with an increased risk of death.”67

The foregoing studies are corroboration for the assertion the qualifying relative

would be affected physiologically by being separated from her son. In either

60 Id.
61 Id.
62 Id.
63 Id.
64 Id.
65 Perissinott, Carla Cenzer, Irena and Covinsky, Kenneth “Loneliness in Older Persons: A

predictor of functional decline and death” Arch Intern Med. (July 23, 2012).
66 Id.
67 Id.

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scenario (separation or relocation), the qualifying relative stands to be affected

detrimentally.

viii. Poor healthcare systems

The Applicant’s husband is under the care of Dr. XXXXX, M.D. The

enclosed medical records depict a health picture that is guarded for the qualifying

relative.68 Applicant’s husband has a history of 16 different medical conditions

with the most noteworthy being the following: Bipolar disorder, Anxiety disorder,

Diabetes mellitus (Type 2), and Obesity.

The following are brief descriptions of the illnesses:

Bipolar Disorder69: Bipolar disorder, formerly called manic depression, is a

mental health condition that causes extreme mood swings that include emotional

highs (mania or hypomania) and lows (depression).

When you become depressed, you may feel sad or hopeless and lose interest

or pleasure in most activities. When your mood shifts to mania or hypomania

(less extreme than mania), you may feel euphoric, full of energy or unusually

irritable. These mood swings can affect sleep, energy, activity, judgment,

behavior and the ability to think clearly.

Episodes of mood swings may occur rarely or multiple times a year. While

most people will experience some emotional symptoms between episodes, some

may not experience any.

68Exhibit J
69https://www.mayoclinic.org/diseases-conditions/bipolar-disorder/symptoms-causes/syc-
20355955?p=1

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 Although bipolar disorder is a lifelong condition, you can manage your mood

swings and other symptoms by following a treatment plan. In most cases, bipolar

disorder is treated with medications and psychological counseling

(psychotherapy).

Anxiety70:

It's normal to feel anxious from time to time, especially if your life is stressful.

However, excessive, ongoing anxiety and worry that are difficult to control and

interfere with day-to-day activities may be a sign of generalized anxiety disorder.

It's possible to develop generalized anxiety disorder as a child or an adult.

Generalized anxiety disorder has symptoms that are similar to panic disorder,

obsessive-compulsive disorder and other types of anxiety, but they're all different

conditions.

Living with generalized anxiety disorder can be a long-term challenge. In

many cases, it occurs along with other anxiety or mood disorders. In most cases,

generalized anxiety disorder improves with psychotherapy or medications.

Making lifestyle changes, learning coping skills and using relaxation techniques

also can help.

Diabetes71: The qualifying relative has diabetes type 2. This illness has to do

with the hormone insulin. When the pancreas does not produce insulin or too

little, the condition exists. Statistics say approximately 18 million Americans have

the disease.72 Type 2 Diabetes is the condition in which the pancreas secretes

70 https://www.mayoclinic.org/search/search-results?q=Anxiety
71 https://www.mayoclinic.org/diseases-conditions/diabetes/symptoms-causes/syc-20371444?p=1
72 https://www.webmd.com/diabetes/guide/diabetes-basics#1

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insufficient insulin or the body develops a resistance to it. Type 2 is the most

common form of diabetes. Complications from the disease include blindness or

blurred vision, non-traumatic amputations, and chronic kidney failure.

Obesity73: Obesity is a complex disease involving an excessive amount of

body fat. Obesity isn't just a cosmetic concern. It is a medical problem that

increases your risk of other diseases and health problems, such as heart

disease, diabetes, high blood pressure and certain cancers.74

The U.S. Overseas Security Advisory Council reports “medical care is limited”

in Honduras.75 “Emergency services, even in Tegucigalpa are generally basic.” 76

Further, “there are few U.S.- educated physicians in Tegucigalpa.”77 According to

the Pan American Health Organization, Honduras has an aging index of

approximately 20 older persons per 100 children. What does this mean? The

country is relatively young and has not prepared for its young population to age

and require better and more health care services.78 This reality also means the

country is not ready to deal with an aging population and its concomitant health

system demands. A significant impact will be felt on health systems in the

coming years.79 These facts also highlight the qualifying relative’s anticipated

experience should she have to relocate with her son. In other words, due to the

fact Honduras is ill-equipped to provide the qualifying relative with adequate

73 https://www.mayoclinic.org/diseases-conditions/obesity/symptoms-causes/syc-20375742
74 Id.
75 Exhibit BB
76 Id.
77 Id.
78 “Pan American Health Organization.” Health in the Americas, Pan American Health

Organization, https://www.paho.org/salud-en-las-americas-2017/?p=1627
79 Id.

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health care. The country at present is not ready for an aging population that will

increase fourfold between 2010 and 2050.

Basically, the Applicant’s husband will not have access to comparable health

care and services as she would find in the United States during the remainder of

her life if he were to relocate to Honduras.80 The C.I.A. reports a little under 8%

of the Honduran government’s budget is spent on health care.81 To make matters

worse, it reports that for 1,000 people in the Honduran population there are .31

(less than 1%) medical doctors available to provide care.82 The World Health

Organization estimates that fewer than 2.3 health workers per 1,000 would be

insufficient to achieve coverage of primary healthcare needs.83

ix. Applicant’s Husband suffers from Anxiety, Depression & Panic

Attacks

1. Applicant’s Husband’s psychological evaluation.

The psychological report speaks of the qualifying relative’s mental health

being fragile as well.84 The Applicant’s Husband suffers from anxiety and

depressed mood. Part of the stressors in the Husband’s life have to do with

finances due to his unemployment and his wife’s precarious immigration status.

It should be plain to understand how spouses adopt a certain affinity where

one may become extremely co-dependent on the other, especially when one is

experiencing a health crisis in their lives. It could be said that the Applicant and

80 Id.
81 Exhibit Z
82 “Pan American Health Organization.” Health in the Americas, Pan American Health

Organization, https://www.paho.org/salud-en-las-americas-2017/?p=1627
83 Id.
84 Exhibit K

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her Husband share such a bond since we learn by her admission on page 5 of

her application her husband needs her the most. Relocation in this case

presents the ultimate setback to this family who are very familiar with Honduras

and its overall poor condition.

The very idea of Applicant’s Husband having to deal with relocation can

predictably be assumed to increase his diagnosed mental condition where he

may need more medication and counseling services due to the drastic change.

As a country Honduras may not be able to provide the mental counseling

services the qualifying relative needs to cope with his condition.

2. Psychology services in Honduras is limited.

The World Health Organization reports that as of 2014, the Honduran

government spent 1.6% of its entire budget on mental health.85 Additionally, it

reported that in 2014 Honduras, per 100,000 inhabitants, the country had .022

mental hospitals and 0.145 mental health outpatient facilities per 100,000

inhabitants.86

To put this in perspective, consider the public health system consists of 6

national hospitals, 6 area hospitals, 16 regional hospitals and 1,324 primary

health care centers, 20% of which are physician-based.87 There are 4,403

hospital beds or 0.61 beds per 1000 population.88 The mental health program

consists primarily of family councils that address intrafamily violence.89 Now, the

85 “Global Health Observatory data repository.” World Health Organization, WHO, Apr. 25, 2019
http://apps.who.int/gho/data/node.main.MHFAC?lang=en.
86 Id.
87 Id.
88 Id.
89 Id.

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program has few financial and human resources to implement strategies for

improving mental health services at the national level.90

Over 11 years ago, the World Health Organization did an extensive study on

the mental health situation in Honduras. Since 1975, Honduras has been

making progress in improving its mental health services, such as by creating a

specific mental health section within the Health Secretariat.91 The country is

committed to the community psychiatric principles of the Caracas Declaration of

1990, and there on, has made significant advances in this regard.92 Family

Councils were created in 1993 to address intrafamily violence, and postgraduate

training in psychiatry was started in 1994.93 These improvements have been

reinforced with the development of the “National Mental Health Policy 2004-

2021,” which promotes community mental health, and outlines strategic areas

that should be implemented.94

The mental health care system in Honduras does not adequately address

its population's need and demand for services. This is to be expected when the

country has a very young population and the government spends very little on its

health care programs. Another factor that accounts for the inadequate services

is the unequal distribution of resources.95 For example, mental hospitals receive

most human and financial resources, which places primary care at a

disadvantage and creates inequity in access to services.96 In addition, mental

90 Id.
91 Id.
92 Id.
93 Id.
94 Id.
95 Id. Emphasis added.
96 Id.

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health professionals are concentrated in the capital city, which is a result of the

lack of adequate strategies for decentralizing health services.97

The National Mental Health Program needs to be strengthened, as it suffers

from several weaknesses.98 Specifically, the following aspects in mental health

care are completely neglected: community mental health services, differentiated

care for children and adolescents, and training of primary care workers in mental

health issues.99 All aspects of patients’ human rights are also neglected,

including legal protections, labor standards, quality of care, etc. Training and

refresher courses in mental health, including in psychosocial care, is not

adequately provided to general and mental health staff.100 Furthermore, the

participation of users and family members in mental health schemes is not

promoted.101

b. Applicant’s Husband is a U.S. Citizen with no intention of relocating

Much of the exposition contained in this memo contemplates the parties

traveling to Honduras as a married couple, but, the difficult choice of relocation

would likely be limited to the Applicant herself if her case is not approved. The

husband has solid roots in the United States. Considering all the adverse factors

in Honduras as reported by the United States government and non-government

organizations cited in this submission, additional hardship would predictably

97 Id.
98 Id.
99 Id.
100 Id.
101 Id.

Page 20 of 27
ensue from his relocation to Honduras or if he decided to remain without

Applicant. It is also noteworthy the United States has recognized the worsening

Honduran situation with the designation of the country for Temporary Protected

Status.

For the qualifying relative, hardship would also take the form of loneliness,

increased depression, difficulty in supporting himself, and the constant worry

about the Applicant’s well-being.

c. Applicant’s Husband relies on her for financial support

The Husband in this case has several medical issues. It is clear from the

Applicant’s declaration in the Application she has a solid bond with her

husband and separation would be devastating to them as a family, especially

considering the research discussed and the qualifying relative’s medical

issues.

This matter cannot be taken lightly, especially today when mental health

has been in the spotlight as a more prominent illness than ever before. In

one book entitled “Why People Die by Suicide,” writer Thomas Joiner

emphasizes the impact of social disconnection on suicidal thoughts and

behaviors.102 “According to his theory, suicidal ideation is the result of

feelings of thwarted belongingness and perceived burdensomeness.”103

“Older people experience several situations of social stress and adverse

social experience, such as retirement, widowing, or lack of new intimate

102 Conejero I, Olie E, Courtet P, Calati R, Suicide in older adults: current perspectives. Clinical
Interventions in Aging. 2018; 13 691-699.
103 Id. at 693.

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 relationships.”104 In consideration of this research it would appear then the

Applicant’s Husband is in a noteworthy fragile category of adults and this fact

should be weighed in the Service’s consideration of extreme hardship. It is

sobering to know that in 1990, close to a million people died by suicide

worldwide and that number is increasing.

In 2016 the World Health Organization reported that older men and

women show the highest suicide rate in almost all countries, reaching

48.7/100,000 in the USA for white men.105 In Honduras the number is 2.9 per

100,000 persons.106

The Applicant and her husband are humble. They share a simple life and

Applicant assumes a great responsibility over her husband. The Service

should give great weight to the importance of Applicant in her Husband’s life

and to his overall well-being. Applicant also has a daughter who lives with

her and her husband. She cannot burden the qualifying relative with providing

support for Applicant’s daughter.

IV. CONCLUSION – REQUEST FOR RELIEF

The enclosed exhibits show the Applicant’s Husband will suffer extreme

hardship in Honduras. Specifically, the enclosed U.S. government reports

highlight a beleaguered nation that is inhabitable to even its citizens. The health

studies and statistics show a heightened concern for elder adults’ mental health.

104 Id.
105 World Health Organization; 2018. Available from:
https://apps.who.int/iris/bitstream/handle/10665/272596/9789241565585-eng.pdf?ua=1
Accessed August 22, 2019.
106 Honduras has approximately 7 million inhabitants.

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Even our own U.S. government has designated Honduras deserving of

Temporary Protected Status. The remainder of the exhibits show while the

Applicant has been unlawfully present in the United States, she remains clear of

legal entanglements. She has also become a pillar in the qualifying relative’s life.

The U.S. government and non-government reports also confirm high

unemployment, poverty, high crime and danger, and limited resources for

healthcare as unfortunate realities in Honduras, which would undoubtedly affect

the Applicant’s ability to support her Husband properly and at the same time

affect her well-being if she relocated with him.

Thus, two scenarios are envisioned through this legal analysis:

1) if the Applicant leaves for Honduras without her Husband; and

2) if the Applicant leaves with him. In either scenario, the outcome is

extreme hardship would befall the Applicant’s Husband. After analyzing the

evidence collectively, the Service should find no difficulty in concluding the

qualifying relative would suffer hardship in Honduras. Below we summarize the

Service policy and analysis.

Extreme hardship has been analyzed and reviewed in numerous Board of

Immigration Appeal decisions as well as federal court cases throughout the

country. What is gleaned from these tribunals is the nebulous concept of

“extreme hardship” requires an individualized balancing test of pros and cons.107

In one leading case on extreme hardship, in the context of an INA § 212(i)

waiver, the Board of Immigration Appeals set out the following factors for

107 Case citations omitted.

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determining whether extreme hardship exists. This set of factors is applied to

other types of waiver cases involving hardship:

(1) the presence of a lawful permanent resident or U.S. citizen spouse or parent in the U.S.;

(2) the qualifying relative’s family ties in the United States;

(3) the qualifying relative’s length of residence in the United States;

(4) the conditions in the country to which the qualifying relative would relocate, and the extent of

the qualifying relative’s ties in such country;

(5) the financial impact of departure from the U.S.; and

(6) significant conditions of health, particularly when tied to an unavailability of suitable medical

care in the country to which the qualifying relative would relocate. 108

Applying 1 through 6 is as follows:

The first and third factor are satisfied: The qualifying relative is a U.S. Citizen-

born and raised. The second factor is met by virtue of the qualifying relative’s

family being in the United States. The fourth factor is also met because all

government and non-government reports show Honduras is inhabitable even for

its own people. The fifth factor is also met by the fact the qualifying relative relies

on Applicant for financial support apart from government assistance. Finally, the

sixth factor is more than satisfied because, again, the government and non-

government reports show the health programs offered in Honduras are subpar,

inadequate and the health care the qualifying relative requires is not reasonably

expected to be available.

108See Matter of Cervantes Gonzalez, 22 I&N at 565 (BIA 1999); See also USCIS Policy Manual,
Vol. 9, Part B, Chap.5 (listing the above factors as examples that may support a finding of
extreme hardship).

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 In addition, USCIS has determined that the following factors weigh heavily

in support of finding of extreme hardship109 :

(1) qualifying relative or related family member’s disability;

(2) U.S. Department of State Travel Warnings; and

(3) substantial displacement of care of applicant’s children.

Out of the foregoing, the most applicable factor is met by the U.S.

Department of State’s Overseas Security Advisory Council’s Crime and Safety

Report-Exhibit S-which states since 2012 the Department has been issuing travel

advisories of the high crime rates in Honduras.110 “Crime and violence are

serious problems” in Honduras.111 Both the BIA and USCIS noted that not all the

foregoing factors are required in each case and that the list was not exclusive. 112

Applying the foregoing factors and considering them together should

unequivocally show the Applicant’s equities outweigh the blemishes in this case.

It is important to mention the Applicant is not an enforcement priority; she

has no significant criminal history and poses no national security or public safety

concern.113 The Applicant entered the United States 17 years ago and has lived

earnestly under her precarious circumstances. She lives in Homestead, Florida,

a South Florida city, located 30 miles from Miami. Taking everything into account

and balancing the foregoing factors shows the good absolutely outweighs the

109 See USCIS Policy Manual, Vol.9, Part B, Chap. 5.

110 Exhibit S
111 Id.
112 See Cervantes, supra at 566; USCIS Policy Manual, Vol. 9, Part B, Chap 5.
113 Exhibit P and Q

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bad. Analyzing the foregoing in the aggregate supports a finding of extreme

hardship to Applicant’s Husband.

A showing of extreme hardship is one requirement for favorable

consideration of a waiver.114 Other factors considered include115:

(1) the applicant’s specific ground of inadmissibility;

(2) the applicant’s criminal history;

(3) the applicant’s ties in the U.S. and length of residence in the U.S.;

(4) evidence of hardship to the applicant if excluded;

(5) the applicant’s service in the U.S. Armed Forces;

(6) the applicant’s history of stable employment, ownership of property or business, and service

to the community; and

(7) the applicant’s evidence of genuine rehabilitation.

An adjudicator will balance the adverse factors evidencing the applicant’s

inadmissibility as a permanent resident against the social and humane

considerations presented on her behalf to determine whether discretion should

be favorably exercised.116

The applicant can show good moral character:

(1) She has no criminal record whatsoever.

(2) Applicant provides critical emotional and financial support to her

Husband;

(3) Applicant ensures her Husband’s care by supervising his doctor visits,

obtaining his medications and cooking meals.

(4) As shown by the

114 See Matter of Mendez-Morales, 21 I&N Dec. 296, 301 (BIA 1996).
115 Id. at 301.
116 Id. at 300.

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 Applicant has demonstrated eligibility for an approval of his application for

a waiver. We urge your favorable decision.

Respectfully Submitted,

____________________
ZZZZZ, Esq.
For the firm

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