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I was talking to my Neighbors "Wife" who is not actually his wife at all. Apparently she was here on a working Visa, she got pregnant, and never renewed because they fired her when they learned she was pregnant. He decided not to marry her and now they have two kids together. She is in a predicament because her mother is very sick, but if she goes back to her country, she won't be allowed back here. While yes I know she is "illegal" this seems like a really shitty situation. Is their anything she can do that won't result in deportation or being separated from her children?

It's a pretty shitty situation, and I feel like he holds all of the cards but does not want to marry her because then she will be entitled to part of his money or something like that.

  • Did she pursue her former employer for discrimination when they fired her for being pregnant? – phoog Apr 4 '16 at 22:00
  • Why is this tagged f1-visa? Was she an F1 student, and was working on OPT or something after she graduated? – user102008 Apr 5 '16 at 9:18
  • Whether she will be separated from her children is a separate issue from immigration. Whether the children will follow her or the father is a custody issue and is determined by state family courts. Unfortunately, if the other parent contests custody, they will probably not let her take the children out of the country and out of the jurisdiction of the court (and if she were to pull it off it would be international child kidnapping). – user102008 Apr 12 '16 at 9:08
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Her options are are limited to non-existent unfortunately. She should consult an attorney to see if the rare, but potential option for a U-Visa is possible.

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