out of status F-1 - Applying for AOS marriage based soon

[LisaSoCal 0]

I've been out of status for two year. However, I married a USC a few months ago. We are in the processing of gathering the necessary documents to complete the AOS application. If I get detained by border patrol/ immigration agents before we submit the AOS forms, will they start deportation proceedings? Do I get held at a detention facility?

[KierenHby 897]

Until you submit the AOS package, you are out of status, and thus deemed deportable. Being detained by immigration is highly unlikely while within the US, but some states' law enforcement may grill you if you're arrested for various reasons.. DUI, domestic violence, etc.

[Harpa Timsah 13,258]

They might detain for a while but since you are eligible to AOS, eventually they would probably let you out and order that you AOS instead of starting deportation proceedings.

[Hypnos 6,576]

And then they would likely notify DHS/ICE who would place what's called a "hold" on you, meaning you would likely be transferred to federal custody after being release from state custody, and then your deportation would be sought in immigration court.

As stated, this is unlikely, but has happened.

As a F-1, your I-94 likely states "D/S", so you are technically incurring no overstay, but you are illegally present.

File for AoS asap.