Jennifer Raccuglia

I saw in one of these threads something about if you are 5 months
pregnant (which I am exactly today) I can expedite something? Is it
the EAD? My lawyer has not told me jack about this and if I can
expedite I really need to know ASAP. Also if I can, do you recommend
it. Does it really work?

OR, will someone post a link to where I can find eligibility
requirements for expediting an EAD for my husband.

I am the sponsor my husband is the beneficiary in a I485 and I130 and
I765...

jeffreyhy

Jennifer,

You are referring to a comment posted by zeo, whose understanding and accuracy is highly debatable (certainly many posters seem to be questioning what he posts).

In any event, he posted the "something" that you reference in regard to I-129f petitions. Be careful about taking things out of context.

Since you have a lawyer, you might want to ask them this question.

Regards, JEff

zeo

No you cannot you have have to be the beneficiary to get the expedite sorry. Please check with your congressmans and senators office for further information regarding this.

SecretGarden

According to the USCIS, as reported on the group by Matt Udall---Expedite criteria for a I-129F petition:

1. Humanitarian Situation where compelling humanitarian needs are present as exists when a U.S. citizen or LPR petitions for a relative (where the visa number is available) who is requiring medical treatment or special care, or in cases where the petition is for a minor child who lacks appropriate supervision or security. Medical documentation may be required.
2. Extreme Emergent or Unforseen Circumstances such as when a petitioner, through no fault of his own, is faced with an emergency as occurs with nonimmigrant petitions for members of the arts such as when a musician, singer or other performer approved for a nonimmigrant classification is suddenly stricken with an illness and must be immediately replaced.
3. Severe Financial Loss To Company or Individual such as when failure to adjudicate a petition within a specific time frame would cause severe financial harm or loss to a U.S. entity and no other remedy exists.
4. Service Error such as when the service has made an error in processing a case and that error has delayed the receipt of a lawful benefit.
5. Dept. of Defense or National Interest Situation: The request must come from an official U.S. Govt. entity and state that the delay will be detrimental to our government.
6. Nonprofit status or requesting organization in furtherance of the cultural and social interests of the U.S.
7. Compelling interests of the service.

Jennifer, it would benefit you to have this discussion with your lawyer.

~SecretGarden

Folinskyinla

Hi:

Congratulations on the impending parenthood.

That "five months pregnant" comment is bunch of hot air. The general rule expedites is that its a matter of discretion. Also, I like to tell people that the standard for an expedite would be where everyone else on the application line will say "after you, with pleasure."

Inasmuch as your husband is here, there is no need for an expedite to have him here with you at the magic moment.

On the EAD application, local practice varies on expedite of EAD issuance ahead of the 90 days enshrined in the regulatons. Here in Los Angeles, I would not present five months pregnancy by itself as a reason for an expedite. Especially on an intial EAD application.

The EAD will come bye-and-bye. Also, with my tongue firmly planted in cheek, you are now busy manufacturing the finest "evidence" possible of the bona fides of your marriage.

zeo

The 5 months of being pregnant is not a bunch of HOT air, so sir you need to double check with your senator's office and congressman's office regarding this, they told me this information and they have had many cases of success expediting cases for I-129F for in which the wife was the beneficiary in the foreign country. Use this website: http://www.congress.org/congressorg/home/

d_medina

Is your husband overseas? I'm the US citizen petition my husband and I'm also pregnant. I contacted my Senator and basically they will do something in my case if it starts to take too long. The reason is that the US consulate I will be going through requires my presence for the interview otherwise my husband will be put in administrative review or he will be denied. I cannot travel at the end of my pregnancy. It's just not advisable and never mind after I give birth. I live alone right now with my daughter and my family does not live near me. When the baby comes, I will most definately be needing help with a 5 yeard old starting school and a newborn...all at the same time. If my Senator cannot help move our case quicker it would be a hardship. I survive on my income alone and I would practically be a single mother if my husband cannot come before the baby is born.

Rete

The Sir you are questioning is an experienced, seasoned immigration attorney of well over 20 years. You continually tell people to rely on their political representatives for the interpretation of the USCIS and DOS rules and regulations. That is very erroneous and very dangerous track for someone to take. A liasion for the political rep does not have a degree in immigration law (at least not on the norm) and they should only be used to help assist in straightening out a problem; not on their interpretation of the laws as they presently stand.

I take exception at your advice to others and hope that others will continue to correct the misinformation you are handing out.

Rete

zeo

Rete it is NOT misinformation at all, I as I mentioned before it is the TRUTH and they have expedited MANY cases successfully for pregnant wives overseas waiting on their k3 visas to be approved. Please check for yourself and do not be so pessimistic about this topic.

Rete

I am not questioning that pregnancy cannot be a reason for expediting a case, but the number five is erroneous. There is nothing that limits the term of pergnancy a woman has to be in in order to qualify. Five is not a magic number.

And not all pregnancies will warrant expedition, nor should they in my personal opinion. IMHO just because a couple has had unprotected sex which resulted in a pregnancy does not mean they can step in front of other people. However, if the pregnancy results in major adverse health issues to the mother, then, of course, they should get preferential treatment.

For those that are considering congressional assistance at the US Consulate level, please note that not all US Consulates will give credence or assistance to a political rep who asks for expeditency on behalf of a US Citizen. They are not answerable to Congress.

Rete

zeo

Rete EXCELLENT points! and I do not doubt the Attorney's on this board either I am sure they are highly qualified and experienced individuals and I apologize for stepping on their toes, I just wanted to share my findings thats all. I have no reason to lie about what I found. But from my experience a pregnancy for a wife waiting on a k3 approval if she is 5 months or more pregnant then the congress or senator's office can request an expedite request. I NEVER said that the request would be accepted but when i talked to my local congressman's office they said they have had excellent success in getting the cases expedited and even approved. So this lady should consult her lawyer and her judicial offices and make a decision based on that.

SecretGarden

zeo,
I don't think anyone has accused you of lying about what you were told, or what you may have interpreted from what you were told.

The problem is that you presented the information you were given as fact, and oversimplified a very complicated situation.

It's good that you've encouraged the posters to consult their lawyers. That's a step in the right direction.

~SG

jeffreyhy

zeo,

A congress person has had success, so your advice is that people should consult their lawyer or their judicial office.

Is English your native language?

If so, did you pass elementary school?

Regards, JEff

zeo

Yes it is I was born and raised in the USA. Sorry I meant that this lady should consult both the judicial offices AND her lawyer NOT "or".

You obviously have no manners and you need to back to pre-school.

d_medina

Thank you for trying to discourage me in that direction. I will try it either way. I have dealt with the US consulate in the country I'm dealing with and they have given people open interviews in the past..and I might add to people that had no "rush" circumstances to need it. This consulate requires my presence at the interview and if that is so then it would be unfair to give me a date when I can't possibly travel because of pregnancy.