November 8, 2013
USCIS Vermont Service Center
Attn: U VISA
75 Lower Weldon Street
St. Albans, VT, 05479
RE:Application for U-Nonimmigrant Status (2)
FEE WAIVER REQUESTED
Maria Aguayza
Derivative Spouse Jose Aguayza
Dear Sir or Madam,
Mrs. Maria Aguayza, hereby after referred to as “Maria”, was an indirect victim of sexual abuse perpetrated by her brother in-law, Mr. Segundo Aguayza. Prior to coming to the United States, Maria experienced abuse growing up within her family in Ecuador and experienced the death of her daughter in the United States due to a drowning accident. After several traumatic experiences, Maria had to bear the sexual assault that her minor daughter suffered at the hands of a close family member.
In February of 2011, Maria’s fourth daughter, Anahi, was sexually abused by Jose’s (Maria’s spouse) brother, Segundo Aguayza. After Maria noticed excessive bleeding around her daughter’s genital area, she took Anahi to the hospital so that she could speak with her psychologist. After Anahi revealed that she had been raped, her therapist immediately notified the authorities. Due to Maria and Jose’s cooperation with authorities, the offender was arrested, charged with Predatory Criminal Sexual Assault, ILCS 720 5/12-14.1-A-1, and sentenced to five years in prison having been found guilty of criminal sexual assault, ILCS 720 -5/12-13 (a)(3). Maria suffered both emotional and psychological abuse upon discovering that her brother in-law had sexually abused her minor child who was only six years of age. She has experienced feelings of extreme guilt as a mother and anger to see how her family and daughter have suffered. She often cannot sleep and succumbs to crying spells. Maria chose to seek out therapy as a means of healing, but due to her economic situation, had to discontinue her services. Because of her previous trauma heightened by the abuse her daughter suffered, Maria has anxiety.
We are requesting that you please waive the inadmissibility of both Maria and her derivative spouse, Jose, listed on their respective I-192 applications given their unwavering willingness to assist authorities, and favorable factors such as being a good mother and father and being an active member of society; all of which makes them prime U status candidates. Please note that Jose was convicted of Solicitation of a Sexual Act, a Class A misdemeanor by Illinois Criminal Law, which holds a maximum sentence of imprisonment of less than one year. (see attached excerpt of law) According to INA 212(a)(2)(A)(ii)(II), Jose qualifies for the petty offense exception. Jose was sentenced to three months court supervision and complied with said sentence. Having only additional traffic citations on his record, we ask that you consider the fact that Jose is the father of 2 USC children and 1 USC child who passed away from a drowning accident. He is the main financial supporter for his family and has been helpful in the investigation and prosecution of his daughter’s sexual assault case. He is involved in his children’s education and requests your pardon based on humanitarian reasons and for the unity of his family.
Thank you for your attention. If further information is needed please do not hesitate to contact me at (312) 427-7078. We hope that the compelling evidence included aids in a favorable adjudication.
Regards,
Kathryn Russell
BIA Accredited Representative
Applications and Identity Documentation for Maria Aguayza:
●G-28
●I-918 with Supporting Documents and photos
●I-918B signed by Chicago Police Department stating “The petitioner cooperated in that she provided details of the event to the officers conducting the investigation. In addition, the petitioner cooperated with detectives conducting the follow-up investigation. The case was closed by arrest and prosecution.”
●I-192 with Supporting Documents
●I-912
●Birth Certificate with English Translation
●Marriage License with English Translation
●Ecuadorian passport
Applications and Identity Documentation for Jose Aguayza:
●G-28
●I-918A with Supporting Documents
●I-192 with Pardon Letter
●I-765 with passport photos
●Birth Certificate with English Translation
●Ecuadorian passport
Evidence of qualifying crime and proof Maria cooperated and assisted authorities:
●See I-918B
●Personal Statement of Maria and English Translation
●12/23/2011- Chicago Police Incident Report # HT177564 citing Domestic Related Incident
oThe narrative of the report states in summary that Maria’s daughter informed her therapist that that the offender took off her clothes, threw her on the bed, and penetrated her vagina with his penis. The Illinois Masonic then transferred victim to Children’s Memorial.
●Certified Statement of Conviction / Disposition
oOffender charged with 13 counts including: Predatory Criminal Sexual Assault, Aggravated Criminal Sexual Assault/ Bodily Harm, Criminal Sexual Assault/Force, Criminal Sexual Assault/ Can’t Consent, Criminal Sexual Assault/ Family, Sexual Relations Within Family
oOffender was convicted of Criminal Sexual Assault/Family and sentenced to 5 years
●Personal Statement of Jose Aguayza and English translation
●Testimony from Carmen Jerez
Evidence of Substantial Harm/Abuse:
●See Maria and Jose’s personal statements
●Advocate Illinois Masonic Discharge Report, stating in summary that victim has a urinary tract infection which is rare in children compared to adults
●Patient Information/ Emergency Room Physician Report re: second sexual assault evaluation where rape kit was collected, showed significant hymen laceration and abrasion, and labs completed for gonorrhea and chlamydia both vaginal and rectal.
●Social Work/Protective Services Team Assessment
Evidence of Favorable Factors for Maria Aguayza:
●Criminal Background Check showing “no prior arrest” for Maria Aguayza
●Pardon letter, describing her violations of immigration law and asking forgiveness. (English translation)
●Letter from Representative of Lorca Elementary School, confirming that Maria is a very responsible and loving parent who regularly attends monthly parent meetings
●Letter of Recommendation from Segundo Jerez, stating that both Maria and Jose are honest, hard working people of good moral character
●Letter of Recommendation from Lourdes Bonete declaring she knows Maria Aguayza and Jose Aguayza since 2003 and has developed a great friendship. She states they abide by society’s rules.
Evidence of Favorable Factors for Jose Aguayza:
●Letter from Representative of Lorca Elementary School, stating that Jose is a very responsible and loving parent and that his involvement and support for the school is greatly appreciated
●Certificate of Baptism for USC daughter