This is from Redditt and a good summary:
Quote:
It has always been true that an approved or pending I-130 does not in and of itself provide an immigration benefit. However, historically, USCIS has not used I-130 filings to find removable aliens to deport. The change is that they now will.
Who is not affected by this change:
Anyone who is filing or has filed an I-130 where the beneficiary is outside the United States.
Anyone who is filing or has filed an I-130 where the beneficiary remains in status.
Anyone who is filing an I-130 and an I-485 simultaneously.
Anyone who has already filed an I-130 and an I-485 (even if not concurrently).
Anyone who is filing or has filed an I-130 where the beneficiary has some sort of formal protection from deportation (e.g. DACA, TPS, Military Deferred Action or Parole In Place)
Anyone who is filing or has filed an I-130 where the beneficiary is already in removal proceedings. (they can't NTA you twice)
Anyone who is filing or has filed an I-130 where the beneficiary is in the United States and does not fall into the above categories should be concerned. This would include people such as:
Beneficiaries who intend to seek an I-601A waiver to ultimately depart for consular processing.
Beneficiaries who are waiting for the petitioner to naturalize before filing I-485 (e.g. out-of-status spouses of LPRs)
Beneficiaries who are eligible to concurrently file I-485 but are not for some reason (We occasionally get posts from people on here who say they can't afford both forms at the same time. That's much more risky now)
Beneficiaries who are grandfathered aliens eventually able to adjust through 245(i) but need their petition to become current before they can file I-485.
Beneficiaries who have final orders of removal. While not explicitly stated, if USCIS is using I-130s to find aliens they can serve with NTAs, I don't see why they wouldn't use I-130s to find aliens already ordered deported.
Remember, when you file an I-130 for a beneficiary in the United States you are effectively raising your hand and telling the government who this person is, where they are, and that their immigration history is worth looking at. If they are removable that just got more risky. Petitioners probably should not file I-130s for people in the categories above without legal advice.
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