Ok. Like I said, I'm not going to have good news for you, but please do not shoot the messenger. Without 245(i), you cannot get status within the U.S. even if you get the I-130 approved. You first need to get the I-130 approved. It is dangerous because you have an order of removal already entered against you. If they want, USCIS could contact ICE and have ICE agents ready at the I-130 interview to take you into custody and get you ready to physical deport you from the U.S. If you hire an attorney (which I recommend), they could try to prepare an I-246 for you as a Stay of Removal to stop them from deporting you temporarily. Here is a link:
There is no guarantee they will approve it. Assuming they approve it or they don't try to take you into custody, then your spouse will file an I-601A to get you a pre-approval to come back to the U.S. that will "forgive" your illegal time in the U.S. Here is a link:
If you can get that pre-approval, then you should file what is called a proposed joint motion to reopen immigration proceedings. You have to give this to the ICE attorney and convince the ICE attorney to join in the motion. If the ICE attorney is not convinced, then the only choice is to file a motion to reopen immigration proceedings sua sponte directly with the court and pray the court decides to invoke their sua sponte power to reopen the case. Because if you cannot get the case reopened, then when you leave the U.S. to use the I-601A pre-approval, you will also need another waiver to come back to the U.S. to forgive the penalty for the deportation which could be 5 or 10 years. This is the I-212 and if you cannot get the removal order set aside and you need the I-212, you have to wait one year outside of the U.S. before you can file it. Here is a link:
This is very complicated stuff and the best chance is if you hire an attorney. You could try to find one at www.ailalawyer.com.
I am truly sorry for the bad news, but the options are few and not easy. At least you know what to do.
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