Separation and children rights for an immigrant

[bolivianita]

My husband and I are currently separated. Dec 23.2008 will be our 5 year anniversary. I have been in denial and unhappy for the entire past 5 years. I have had patience and so much tolerance with him failing to obtain a college degree in hopes that he would take the role of the house hold income provider. In addition to that he has not been able to maintain a stable employment history. He always finds one thing that bothers him in a job setting and complete focuses on that one thing until he is completely miserable and depressed about working there. I on the other hand have held a very steady employment history and have completed 3 associate degrees with a year left in completing my bachelors. Working full time and going to school at night plus taking most of the responsibility over our two boys (6mths and 3 yrs old) I have exhausted myself. I don't get enough sleep and I am working myself to death so our family will succeed.

To summarize I came to the US from age 1-5 for necessary medical attention. Over the years my parent tried everything to keep our VISAs from expiring but have failed to do so. So in short my immigration status is considered "illegal".

To finish off, we had very good lengthy conversations about completely doing everything in our power to make amends to our marriage- I was happy and looking forwart to it but then the very next night I came accross an email which he sent to DHS reporting my fathers name and location for him to be picked up and deported. That was the most harmful thing anyone has every done to me-and it happened to be my husband. I can't do anything for my father because he told me he understand and accepts any consequences. So I will most likely lose my father and might never see him again. I feel so betrayed and have lost all trust in my husband. I feel like he is psychologically unstable because he says one thing and does another, plus he completely breaks down when under stress (he looks like he is ready to kill himself).

I have tried to love him more each day but his neglect and now his actions have pushed me to far. For my own health and the health of our children I can't stay in this marriage. I don't care that I was not able to obtain any kind of legalization because that is not why I married him. I am just afraid that he will use that to take my children away(even though I am still nursing the 6 mth old).

I don't know where to start regarding my rights, if any.

[melrich]

I don't know where to start regarding my rights, if any

 

With a lawyer.

 

I don't know the law there but what I am reading I think you have been in the US 20 years plus and your children were born there. I'd be very surprised if you could be deported but go see a lawyer about both your marriage and your legal status.

[alli]

That was a pretty crappy thing for your husband to do, legalities aside. He didn't do it because it was "the right thing in the eyes of the law", he did it to hurt you. Wow.