B2 confusion!

[Deputy Purple 1,294]

please re read the evidence and look for crucial info which makes this poor womens situation very different from just going out and having kids as you seem to think she has....

Post evidence, not personal opinion...

As another poster said, remember the Mexican Woman with an Anchor Baby who was holed-up in the churches? They snatched her outside the church and sent her back! I don't recall there being a USC father involved in that case so she would have had a more valid claim of her USC child needing her to stay here.

[Used to be broken 143]

they will never deport the mother of two young children....No government would ever (especially the USA) allow such rot. I believe that immigration laws are pretty crook in most cases, but she will be right...there will be a way for her to stay.

Going back to Australia would require an avidavit from the father acknowledging their permanent return or temporary return which ever she is trying to do, or a court order which shows she has sole custody.

If she returns to australia and stays there against the fathers wishes with his children, yeah....big trouble...it can be treated as kidnapping.....

so tell her to try for a court session awarding sole custody otherwise the US Govt will grant her residency....they have to....I am going through something a little bit the same with my son....they cant kick him out to australia cos his only family is here....

hope she is alright.....

now if all else fails....CALL TODAY TONIGHT OR CURRENT AFFAIR...THEY GIVE THE CASE HUGE AIRPLAY....FANTASTIC MEDIA STORY....

I know of a case where the mother was allowed to stay until AFTER SHE HAD THE BABY, because the father was an American Citizen and the Judge refused to deport a US Citizen in-vitro, but executed the deportation order on the mother after the child was born. And there was the case of the woman who brought charges against the government for chaining her to a bed while she was in labor and then deporting her after the US Citizen Child was born.

As for the kicking a son out because his "only family is in US" .. that is done every day like another poster said. So ..point is Never say Never.

That all said, she needs a frigging Brilliant attorney not just a good one or better yet, she needs to make nice-nice to the hubby and get through AOS for the sake of the children because no good can come of the mother being separated from the children and she doesn't need an international child abduction case because that will seal her fate where she can never come back to the US.

Edited October 28, 2010 by brokenfamily

[Deputy Purple 1,294]

because no good can come of the mother being separated from the children

I agree with everything else you said but must disagree with this statement.

I would have been a lot worse off if I wasn't "separated from my mother" when my parents divorced before my 9th birthday.

Likewise my daughters would be worse off if they hadn't been in my custody since my divorce in 1999.

There are situations where a woman is either unfit or uninterested in being a parent and the separation is to the child's benefit.

[Used to be broken 143]

I agree with everything else you said but must disagree with this statement.

I would have been a lot worse off if I wasn't "separated from my mother" when my parents divorced before my 9th birthday.

Likewise my daughters would be worse off if they hadn't been in my custody since my divorce in 1999.

There are situations where a woman is either unfit or uninterested in being a parent and the separation is to the child's benefit.

Ok, duly noted but in the context of this thread we are giving the woman the benefit of the doubt and nothing said here indicates she is not fit to raise her own children, the only real question we were addressing is if AOS is denied is she deportable.. and think most of us agree there is no guarantee that she is not.

[Michelle81 0]

thanks everyone for giving advice...

ill pass it on to my friend.

also shes not from Australia, shes from the Dominican Rep, i met her here in the US so i guess the country of origin doesn't have play in this case.

greatly appreciate all of your responses

Michelle81