I accepted voluntary departure last week. I have until September 10, 2008 to leave US. My wife is 6 weeks pregnant and we have a 14 month daughter. Both my wife and daughter are US citizen. Without me she has no income or health insurance in US. I am a physician and have a good job from a hospital. Without me she will have to go through this pregnancy herself. I want to ask your opinion:

1) does this qualify as a level 1 argument for extreme hardship or no?

2) Can we request expedited waiver processing due to her pregnancy? because if waiver takes 1-2 years from Islamabad as I have been searching on this and other websites then our claim of hardship will be over by the time someone looks at the waiver......Please advise....

3) Also although I accepted VD and waived my right to appeal, I am kicking myself and realize I should have appealed. Can I know appeal to BIA because of this new development (her pregnancy)which the doctor's letter says is high risk and she should be on bed rest as much as possible. Imagine if I am not here, she has no income, no insurance, a 14 month old to watch and take care of so forget about bed rest at all.

Please advise.

Thanks

Please contact one of the attorneys we've recommended in your other posts. We know how you feel wanting to stay with your wife, trust that, but only a very experienced attorney will be able to help in this case.