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I-130 while in Removal Proceedings get detained in interview?

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Background: I came in as a Student in 1996 and I skipped a few semesters, so I went out of status. I eventually graduated with a bachelors in 2003. However 2002 I went in for the Student Registration and I was detained for a little while by immigration. I was released by choosing voluntary departure. However I did not leave so that became a removal order.

Fast forward 10 years. Now that I have passed 10 years since the removal order I have some forms of relief. I married a USC in 2007 and we have a 2 year old daughter. We have retained the services of a immigration lawyer here in Dallas, TX.

Our strategy is to file for an I-130 interview (filed 5 months ago) and then use the receipt to request the govt for a joint motion to reopen the case so we can terminate it. However the chances (according to the lawyer) are slim of that happening. He said usually the govt wants a I-130 approved before they will consider joining a motion to reopen.

We have a completely genuine marriage and I have no criminal history.

So my questions are, what are the chances of me being detained during the interview (because of my removal order)?

How often are people detained at the I-130 who have removal orders?

and if I should delay the I-130 interview for if/when the DAPA is approved?a

thank you!!

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Standalone I-130s do not usually receive an interview.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here



Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card



Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Never request for voluntary departure if you wouldn't leave, this DIY forum is not for your case, except saying "good luck." Find a great immigration lawyer, expect lengthy, expensive and rough journey for your immigration. Good luck.


12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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