Fruita, CO Immigration Law Firms & Lawyers

If they last entered with a visa and have not been working, they can apply for adjustment of status at the same time you file the I-130 petition. If they entered without inspection they will need to apply for an immigrant visa in their home country after the I-130 is approved. In that case, they should consult an immigration attorney because they may be subject to re-entry bars.

Your husband’s employer can give verification in the form of a letter to U.S.C.I.S. that his H-1B extension petition for your husband was sent out on a timely basis along with your H-4 extension request. The employer can further provide a copy of the paperwork along with proof of delivery to U.S.C.I.S. Then it will be incumbent upon U.S.C.I.S. to search its own records for your H-4 extension filing. U.S.C.I.S. generally does not give grace periods past the last date on responding to a request for evidence. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

I am assuming that you are a U.S. citizen. You can definitely file for your husband, since deferred action will not get him permanent residency, only protection from removal for 2 years, at which point he will have to reapply for deferred action which may or may not granted. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.