At Hope Immigration, we know that many families want to take the first step toward fixing their status in the United States by filing an I-130 (Petition for Alien Relative). This form is how a U.S. citizen or lawful permanent resident proves their family relationship to an immigrant, and it’s often the foundation for applying for lawful status.
But, with evolving immigration policy and political rhetoric, filing a stand-alone I-130 may no longer be the best approach, specifically for those with removal orders (aka deportation orders). Here’s why.
What’s the Problem With a Stand-Alone I-130?
Under prior administrations, I-130s were often approved without an interview. This was welcome news for those beneficiaries who may have had an old removal order—entering a federal building could be a scary thought. Now, everyone is being called in for an interview, and this means that people with prior orders of removal are at risk. If they go to an interview, USCIS officers are supposed to call ICE so that the beneficiary can be picked up.
Legally, this is allowed because the beneficiary has an order of removal that can be executed, but it doesn’t make it right. For these beneficiaries, they are trying to do things right. Having an approved I-130 could make reopening their removal cases much easier. Now, however, the option of doing things right is being stymied by the administration.
What’s the Alternative?
Instead of going straight to an I-130, immigrants with removal orders often need to reopen their immigration court case first. This is done by filing what’s called a Motion to Reopen.
There are two main ways this can be done:
Paid Motion to Reopen
This means filing with the immigration court or the Board of Immigration Appeals (BIA) and paying a government filing fee. ICE (Immigration and Customs Enforcement) has 60 days to respond, and if they don’t, the judge can treat the motion as “unopposed.”
Pros: More likely to succeed; easier to track through the court.
Cons: The fee is expensive (currently over $1,000, nonrefundable). And if the court denies the motion, they could alert ICE, leading to detention or removal.
Sua Sponte Motion to Reopen
This is asking the judge or BIA to reopen the case on their own, without following the usual deadlines or rules. These are rarely granted unless there are very special reasons.
Pros: No government filing fee.
Cons: Much harder to win; no timeline for a decision; and still carries risks of ICE involvement.
Why Does This Matter?
Until the removal order is reopened and terminated, the government considers you “deportable” no matter how strong your family petition is. Filing the I-130 first won’t fix that—and, more often than not, it can make things more complicated.
The safer, more strategic path is usually to work with an experienced immigration attorney to file the right motion, reopen your case, and then move forward with family-based petitions like the I-130.
Final Thoughts
Immigration law is complicated, and every case is different. If you or a loved one has an old removal order, filing a stand-alone I-130 may feel like progress, but it’s not the real solution. At Hope Immigration, we’re here to guide you through your options and help you choose the path that’s safest and strongest for your future.