Daca applying for a green card with a final order - Page 2

Your fears are legitimate and should not be discounted.

It literally depends all on government attorneys and/or a willing immigration judge after the agency has interviewed you both (probably stokes interview) and approve the I-130. Usually the adjudicator will tell you if they believe the marriage is legitimate or not. With Children, (if they are your husband's) it would be very likely such an application could be approved.

However, USCIS is now typically an enforcement agency not a benefits one. Still, you must attend the interview and don't be surprised if such an interview takes 1+ years more dependent on local because it is not an atypical adjustment interview. An intending immigrant with a final order seeking an interview is typically seen as a likely fraud case. The evidence has to be stronger than most typical cases, and the interview questions more difficult.

To put things in perspective, Immigration judges have had their discretion decreased and limited due to the current Justice department

The I-130 is only one part of a difficult process....you must also have your final order terminated by an immigration judge. That is where the biggest issue may arise. Strongly suggest communicating with your current attorney or another attorney about the change in discretion.

You shouldn't get detained when your DACA is still active, because it means your deportation order is on hold, just like you won't get fined for $1.8 million, but it could be tough to find the DHS attorney to joint motion to reopen in this administration.

Thank you all. I really appreciate your answers. My biggest fear is not the interview itself. I have plenty of documents to prove my marriage is very much legic. My biggest fear is getting walking out of that place THEN seeing ICE officers outside ��. My DACA is active and everything is good with that…just don't trust this administration. The way my lawyer told
Me to do things was FIRST get the i-130 approved THEN work on the deportation order to get it open and closed THEN file for the i-485. Praying everything works well….i have never been so scared in my life.

If I were you, the last place I would wanna be is where ICE could quickly find me. Like USCIS interview. What your lawyers will tell you is just go to your appointments/interviews. And when you're arrested, they will go on TV interviews and lament how that was so unfair. Then unto the next customer!