Can my mother who's been an illegal immigrant for over 25 years be deported for filling a I-130?

Question

My mother is an illegal immigrant from Nicaragua who's been here for over 25 years. She has a work permit but it expires in June. Months ago, my sister who's an citizenwho was 26 at the time filed an I-130 for her. My mother let her take charge of it but I don't believe they did it right. My mother had an order of deportation years ago. My mom has a clean record but is it possible that she could be deported for this?

Kevin L Dixler · Answer

She has a final order of removal with the Department of Justice, so ICE has the responsibility to execute the order. However, this will depend on Agency discretion and policies.   
 
This means that DHS, as a whole, must decide what to do.  Her petition and case are pending with two different agencies within DHS.  Her final order is from the Department of Justice. 
 
The challenge is that Congress continues to cut taxes for those who can afford to pay more. It provides ways for the wealthiest to shelter their money from taxes.   
 
As a result, the executive branch is unable to do its job enforcing the immigration and deportation laws.  New laws and anger do little to help. The new laws become more intolerant of common civil disobedience and minor mistakes.  More Americans are hurt as a result! 
 
Any efforts to undue the damage of a final can prove frustrating. Some who try are tolerated despite a final order. This upsets people, but for families like your’s, the best option is to seek legal help. That is, if you want to afford to make a good faith effort to undue the damage to your mom’s civil rights despite the final removal order.

James L. Arrasmith · Answer

Filing an I-130 petition does not, in itself, directly lead to deportation. However, because your mother has an outstanding deportation order, her case may carry additional risks. Immigration authorities could become aware of her presence and status as part of the process, which might complicate her situation. 
 
The fact that she has lived in the U.S. for over 25 years and has a clean record may work in her favor if she qualifies for certain forms of relief, such as reopening the deportation order or applying for adjustment of status. Since your sister is a U.S. citizen and has filed the I-130, this could open a pathway to legal residency, but it depends on her specific immigration history and whether she can resolve the old deportation order. 
 
It’s really important to carefully handle every step in this process to avoid unnecessary complications. Addressing the old deportation order and any potential risks while pursuing legal status is key to protecting your mom’s future here.

Q: Can my mother who's been an illegal immigrant for over 25 years be deported for filling a I-130?