Tulsa, OK asked in Immigration Law for Washington

Q: My military husband will be deployed soon and wants to file I 130 for my teen daughter before he leaves

Will uscis process the petition since he will not be in USA physically. If he is able to file petition how will his deployment affect the case, even if we are able to submit documents and pay fees while he is on tour.

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2 Lawyer Answers
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Yes. He can file the I-130 even though he is not in the USA. His deployment is temporary. As long as he has a permanent residence in the Usa he can use that address on the petition. He should include on the final page a note that he is on active duty and temporarily deployed outside the USA.

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
Answered
  • Immigration Law Lawyer
  • San Diego, CA

A: You can also request that the case be expedited based on the deployment. You should talk to an experienced immigration attorney regarding this possibility.

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