In an EMPLOYMENT based case there is no question that the fees incurred by the employee, that are not reimbursed, are qualified, since these would be expenses that would sometimes be paid by an employer.
Family based may be, but merely because you need status to go to work would not be a justification. Using that argument would mean that your car,clothes, shoes and food are also invluable in keeping your job (they are, but they are not deductible for employees).
One could make an argument for the EAD costs itself, but I wouldn't buy the rest.
The other fees are actually being incuured to live in US with your spouse.
<i>nelsona non grata... and non pro</i>
Are Immigration Fees Tax Deductible?
Moderator: Mark T Serbinski CA CPA