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

[k78 0]

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!!

[Hypnos 6,576]

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

[NancyNguyen 1,657]

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.