Our Family Updates (8/16/2023)

Mikey started school today. Mikey likes school and is a very smart little boy. But Mikey still has trouble with his mother not being here. It makes Mikey sad that mama can't be here to watch him get on the school bus and see the work he does in school. It breaks my heart to see how strong Mikey is, and how he holds emotions inside him. I know Mikey believes his mama will be here soon. He knows it has been taking a long time, and Mikey doesn't understand any of this.

Mikey told me that he made a friend at school, but Mikey didn't remember his name. I feel bad because me and Mikey don't socialize outside. Most of my friends are no longer around, and Mikey has no interest in being outside our home; at least not until his mama gets here. That means I can't get Mikey interested in going to the Aquarium, or Kings Island amusement park close to where we live. Mikey says he wants to wait for mama.

In my first update I mentioned enrolling Mikey in the Cub Scouts, and that I didn't receive a response from the local pack. But soon after that post I received an email with an invitation to an event to meet other Cub Pack members, and the date of the next regular meeting. But Mikey didn't want to go, and to be honest, I really didn't pressure him to go, and found it somewhat of a relief because I wasn't up to meeting other people right now. However, I realize that it's not fair to Mikey that I have become very introverted since returning from China, and the loss of friends I used to have.

On another issue, our lawyer had just sent four letter packets to our government officials. One to Biden, one to Majorkas (DHS); one to Troy Miller (CBP), and one to Kerry Dole (ICE), with the intent to have them review the denial decision given by HAB Chief, John W. Bird. Our lawyer makes a strong case that the decision was made in error. Please note this is just a starting point. We are willing to continue the fight for the right to have our family together, and for the wellbeing of me, Mikey, and my wife, Yimei.

The factors that DHS considers in evaluating Humanitarian Parole claims are as follows:

"We exercise our discretion on a case-by-case basis, by evaluating positive factors in the record against any negative factors. Having an urgent humanitarian reason or a significant public benefit is a positive determining factor, and it is evaluated against any negative factors present in a case. We evaluate the complete record.

Congress mandated a flexible evidentiary standard. The burden of proof is on the petitioner to establish eligibility for the benefit sought by a preponderance of the evidence.

The preponderance of the evidence standard is lower than the "clear and convincing evidence" standard used in other immigration contexts and the "beyond a reasonable doubt" standard found in criminal courts.

In simple terms, the preponderance standard is met even if the decision-maker is just slightly above 50% convinced by what is being argued.See I.N.S. v. Cardozo-Fonseca, 480 U.S.421 (1987) (defining "more likely than not as a greater than 50 percent probability of something occurring).

It is important to note here that the preponderance of evidence standard DOES NOT apply to migrants from Cuba, Haiti, Nicaragua and Venezuela. Under the Biden rule those migrants can enter the USA, and be processed at a later time allowing them to find sponsors. But none of the illegal migrants return to appear in court, and are free to roam our country, and some even given money and/or Green Card.

However, our lawyer has determined, by statute, and based on the numerous and compelling favorable factors in our case, that our case would warrant the favorable extraordinary exercise of discretion in granting Humanitarian Parole as stipulated in INA 212(d)(5)(A); 8CFR 212.5(d); USCIS Humanitarian Parole Fact Sheet

Our Family Updates (8/1/2023)

Currently Mikey is still struggling with being away from his mother. We try to communicate with Yimei through WeChat video chat, but Mikey gets very emotional. I have tried to keep Mikey busy with activities, but Mikey doesn't want to do anything until his mother gets here. Mikey only wants to sit, and play with his iPad that his mother, Yimei gave him.

Mikey says every day and night "MaMa, Mikey, DaDa, our family."

I built a playset in our back yard, but Mikey doesn't want to play on it. We rent the house where we live, and the landlord had a problem with me putting-up a playset. But I did anyway, but Mikey doesn't want to play on it until his mother gets here. I deal with this everyday and my heart is breaking.

Mikey had a very successful Kindergarten year, and he seems to really like school. This is a good thing that will help. However, Mikey is not social, and he did not make any friends at school. Mikey never leaves my side, and he is afraid of being away from me. I hope this will change for his First-Grade year this fall 2023. I know that it makes it difficult to make friends with other kids where we live because there are not other kids living in our neighborhood to play with. I did contact the local Cup Scout packs by phone message, and email, but no one has responded to my inquiry about getting Mikey signed-up.

I took Mikey to our local Cincinnati Zoo, and Mikey was not interested. He looked at maybe three or four animals, and he was ready to go home. I tried to take Mikey to see more animal, but he started crying and wanted to go home. I asked him why? Mikey said because MaMa is not here to go with us.

Mikey is still not eating well. He misses the food that he was raised on as a baby. I can't make those foods from China. Besides I am not sure where to locate the ingredients. Mikey said when MaMa gets here, she will help you make food DaDa. Mikey only eats a few foods that I make for him. I am trying to do my very best.

Mikey started seeing a child psychologist, but we stopped going temporarily. We are looking for another child psychologist that is in our insurance network because insurance didn't cover the one that we were seeing, and the cost of a forensic psychologist is not covered at all by insurance. We will need a forensic child psychologist as we continue our fight to get my wife, and Mikey's mother, Yimei here with us in the USA.