need yr HELP!!! confused of set-up!

[nov99]

Hi! I'm new at the board but hoping someone can help me.Pls bear w/me coz this is quite long. I entered US w/a B1 visa & has expired Nov99. Now, I'm here illegally & staying w/ a greencard holder. We just had a baby (coz I was pregnant when I entered) though he can't marry me coz he is separated & divorce is on the way yet. His wife is in another state(doesn't even know we're here in US). His greencard is based on his marriage here in US. He's been here for more than 10 yrs though he had an apptmt before for interview for his citizenship application but due to his out of the country, he cancelled it. Now, I'm trapped w/ this situation & dont know where to start. I cant even work ( because i have to take care of the baby & besides of no papers!)I want to know if he can follow-up his cancelled citizenship application. Also, what will he do first? citizenship or divorce? He's confused himself coz we dont have the money for the lawyer. On my status, what's the best thing u can advise? pls help as i'm really upset about this ongoing set-up. Can INS send me back home even though I have a baby here? If they will, can I bring my baby? My baby is named after her father's last name & not mine so there's no documents relating us. Hope u can spare time in helping me out. Wud appreciate u reading my letter. Thanks in advance & hear fr u soonest!!!!!

 

[usdeeper]

I wish I could help but your situation is to confusing. If he divorces then he should be able to remain in the US and still apply for citizenship. However that is a long process and can take years. In the mean time you are illegal.

If the INS finds you then yes, they will deport you.. the question about your child will depend on the father. If he claims the child and refuses you to leave with the child then you will not be able to take it. You 'may' be able to claim that leaving the US without the child will cause undue duress and may get in the back door.. but you would need money and an attorney for that.

If he does not have a problem with you taking the child then yes you can take the child. There is a document relating you to the child, it is called a Birth Certificate!