Thank you very much for your time.
If your husband has an outstanding removal order he is not eligible to adust status. What will have is; the I-130 will be approved IF the adjudication officer finds that you have a bona fide marriage. He may then be taken into custody depending on why he was deported. There is no way around the fraud in entering the US. He will need a waiver for the fraud and the overstay and possibly some other issues.
Does the detaintion of the alien happen all the time ? or if a hardship case is ready along with the waivers of fraud can be shown that we are ready to file will somehow get a discretionary relieve from the ICE. We also have US born kids and the aliens parents are here legally too. The goal here is to get a old case reopen, but after the I-130 is approved, and how to pass that without ending up in detention is the millon dollar question.
For the most part ICE is trying to focus resources on high priority cases. But there of background here that is unknown. If you are working with your lawyer and have waivers prepared and the motion to reopen and supporting documents in process, that is likely helpful. There isn't going to be any way for anyone to promise that detention won't happen - it is a risk. How high of a risk you should discuss with your attorney.
You have a number of questions and issues to be resolved. I suggest you invest in a consultation with an experienced immigration attorney.
Kyndra L Mulder, Esquire
The Mulder Law Office, P.A.
4110 Southpoint Boulevard
Jacksonville, Florida 32216
-------- Original Message --------
Subject: Someone has commented on your comment