Im between a rock and a hard place
TripleCitizen, the thing is I don't know what to do at this point, reason why Im seeking help
You can't hold on to at least June? If you interview for the GC in June or later, you'll get your 10-year GC free and clear of his clutches. Then you can decide whether to stay in the marriage or get divorced without worrying about your green card. However, to get to that stage you'll probably have to handle nearly all the GC paperwork yourself, filling it out every form yourself then asking for his signature where it's required. Because he's apparently too careless to do it himself.
It's been less than a year since you lost your status. So your ban would be 3 years*, not 10 years.
Well, that's good to know, which means I'd have to leave before June 2010.
But if Im not allowed to live here legally, they expect me to just leave my child behind? That is so not fair. The father wouldn't allow me to take the child abroad because of this controlling issues, he'd rather have the child with him so he can control everything even if that wouldn't be in the best interests of the child
Well I was reading a lawyer's blog about that and he mentionned that :
I've never heard of that before, so I don't know but the whole article can be found here : sarmientoimmigration.typepad.com/blog/unlawful-presence/ ( add http in front of the address, im not allowed to post links since i have less than 15 posts, weird?)
In that case, they would seek to place the child with another family member, and let the father visit (possibly supervised visits, depending on why custody was taken away). So the child would still remain in the US if there is another family member willing and able to raise the child.
Immigration law is a mountain of unfairness.
In practice, even though the D/S of your I-94 may avoid the statutory 3-year/10 year bar for "unlawful presence", your significant overstay will make it very difficult to obtain another nonimmigrant visa for several years. People get visa applications rejected because they overstayed their last visa by a couple weeks. So you'll effectively have a multi-year ban anyway, unless you're applying for a green card (immigrant visa) through the consulate.
It's closer to impossible to (legally) take a child outside the country of the child's citizenship against one parent's wishes if there is a family member in the same country who is willing and able to raise the child. Look how hard it was for that American father to get his boy out of Brazil, and that's even after the mother took him out of the US illegally and then died. If the father didn't have a truckload of money and time to spend in the court battles, the boy would spend the rest of his childhood in Brazil.
Yes. No US court is going to release a US citizen child overseas to a noncitizen parent, if the citizen parent is free and alive to fight against it. Except maybe if the citizen's parental rights were permanently terminated by a court due to abuse. Or neither the citizen parent nor other US-based relatives are capable and available to take care of the child in the US.So basically I should be prepared to be separated from my daughter for life if i decide to leave now
They don't give custody to "just to keep the child in the US", they give it to preserve the visitation rights (including future visitation rights, if the rights are currently suspended due to probation, incarceration, etc.) of the non-custodial parent. It's hard enough just to (legally) take the child to another state.