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Can I petition my husband before the 10-year bar ban?
He was deported for fraud visa he had a voluntary departure but never left and was detained by ICE, can I petition him? If so how long does it take? We have a 2-year-old together I am a US citizen!
  • Jessica’s Answer - on Nov 24, 2015
  • If your husband has an order of removal you first have the immigration court re-open his removal or deportation order and administratively close or terminate his case. Then it is possible to file an I-130 petition however even if that was approved he would still need to file a 601a Waiver which would allow him to leave the US for his interview and re-enter without having to serve the 10-year ban. This is a timely and complicated process that requires the assistance of an experienced lawyer.
I forgot to filed I765 with I 485 & had biometrics appointment on 2nd Nov. I filed I765 today. How long have to wait for EAD?
  • Jessica’s Answer on Nov 23, 2015
  • You can also look up the processing times for I-765 at the specific field office and service center your application was filed by clicking on the link below.
Can I get an extension on my b2 visa while here visiting?
I recently found out that I am 5.5 months pregnant. This is my first child and was seriously clueless because I wasn't showing nor did I get sick during the pregnancy. The delivery will be in March hopefully and I have until April 2016 to remain...
  • Jessica’s Answer on Nov 23, 2015
  • I agree that you would have to file a Form I-539 Application to Extend/Change Non-Immigrant Status. However, the application requires that you give a written statement explaining in detail "the reasons why your extended stay would be temporary, including what arrangements you have made to depart from the United States"" among other things. It seems that you have no intention of leaving the US after you are married. I would speak with an experienced attorney who can assist you in navigating this process.

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Jessica L. Richardson Law Firm
7 National Pl
Danbury, CT 06810
Phone: (203) 730-8031