Hi there,

I recently moved to the U.S. with my son after marrying my husband, an LPR of 18 years.
At the time, we came on a tourist visa, and immediately applied for I-130. We even called USCIS and told them about us, and they said we could remain even past the visa expiry date.

However, now some things have come up. One of our lawyers said that when our I-130 is approved (some time in September), they will find out that we overstayed and summon us into deportation proceedings.

So this is where my question stems from:
1) If we are summoned into deportation proceedings, and are deported , will our petition still continue on ?
2) If we choose to leave on our own using that waiver once summoned, will our petition continue?
3) If we leave the U.S. before even being summoned, will our petition be cancelled?
4) Is there a way to gain the waiver to leave without being barred before being summoned to court?

Also, if you have a minor who is under your I-130, if the application is canceled, will they also lose it?

This is really important to us because my husband seeks to move to Canada for a job, and we are worried whether we should go to Canada or wait for the deportation proceedings to make sure that we are not barred, or that our petition is cancelled.
It's also important because we have a son who is 17, and we do not want him barred as he really wants to stay in the US to go to college.

Any information or insight would be appreciated.
Thank You!