Is the removal case presently on appeal?
Mary Carmen R. Madrid Crost can be reached at the: Madrid Crost Law Group - (888) 466-4478; e-mail: firstname.lastname@example.org; skype: usvisalaw Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response should not be construed to create an attorney-client relationship. Please help stop notario fraud and share this web site: www.stopnotariofraud.org.
No, contact them once the I-130 is approved to start negotiating a joint motion to reopen.
Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
You cannot do that. If an alien has an order of deportation against her and an I130 was filed and an interview scheduled, the alien runs the risk of being detained. This should be considered before the filing of the I130. A motion to reopen should be filed along with a Request for Stay of Deportation along with compelling reasons for the request. Hire a lawyer.
An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.
In Georgia, ICE Chief Counsel Office will not join you on a motion to reopen. You should have dealt with the deportation order at the same time when ou filed the I-130. If the deportation order was issued in absentia, without the presence of alien, you can file a motion based on no notice. Other than that you must deal with the deportation issue before you move forward. Becasue she have an outstanding deportation order, the alien should file a consent for permission to reapply, then wait for the provisional waiver to file, then the alien will have to leave the country. Despite of all of your steps, issuing an immigrant visa for the alien is not easy.