We are thinking to file for a joint motion to reopen now that the I-130 is approved, is it better to go strait to the BIA, or ask the Office Of Chief Council first? We understand that each case is diferent, but what % of cases are reopened?, when the only problem to overcome is illegal presence for 10 years and entry with a photo sub. passport, (not a US passport) all other factors in the case are very possitive.
If you're filing a joint motion, it's best to get the ICE attorney to agree to it and sign off first. If it is in fact a "joint motion" and ICE has agreed to it, it is very likely that the BIA or IJ will grant it. See an attorney.
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There is really no clear answer with this. It really all depends on the particular circumstances of your case.
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These are case specific. It sounds like you have a double problem. Note that unlawful presence can only be overcome with a waiver or 245(I) and so the motion may be futile. The false passport also needs a waiver.