LUCAS99:


Yes, if only if she is detained by ICE & presented before an immigration judge for the commencement of a Deportation Proceeding...

The judge will ask if she has a fear for her life if the government decides to return her to Nigeria all she needs to do is say YES & then the immigration judge will give her an Asylum Application Form to file with the court.


Under this scenario the Immigration Judge will decide her fate during court proceedings rather than USCIS.

This is called Application for Asylum with an immigration Court under deportation proceeding.

Are you an immigration lawyer? Can see you're so vast in issues like this.

Mancala:


For the former and especially the latter half of your response, I am truly happy for you and your kids. However, am I impertinent to assume you are still married to your kids father? If you still are, and will remain so, then I'm sorry, I have no other suggestions to regularize your stay.
But you could consider this. American immigration laws are always changing. There is a strong possibility that congress may pass lesgislation granting "forgiveness" to all illegals in the future. It has happened before. They need to figure out what to do with an estimated 20 million undocumented immigrants sometime soon. The longer you're here, the better your chances. But this means y'all being in limbo for an indefinite amount of time. And what about hubby in Nigeria?
The first best option is to amass as much funds as yo can and take your children home to be with their father.

No...I'm no longer with my kids father and I don't try to deprive him access to his kids.

Mancala:


If the father is dead, she would need a copy of the death certificate to prove it and that is that. Only her consent is needed for adoption. If she took the kids to the U.S. against the will of their father, she is out of gas. In lay mans terms, that's akin to kidnapping. Consent of both parents is required for international travel and it will be considered a felony if she did not get his consent. With this type of felony, adjustment of status, even through marriage to an American citizen is not possible. I have seen both situations before. Let me disclose some personal things about myself at the risk of being identified by someone who is familiar with my situation. I speak a few languages fluently and have served as an interpreter and also a financial co sponsor at a few AOS and even stokes interviews. I have seen many of these situations first hand. She needs to be well prepared if this is the route she has chosen I hope she is still reading thes posts for her own benefit

Phewww...chill bro.
Their father is not dead. He's in nigeria and very very active in his kids life.

As for Canada, that is not in my plans.

Babyvet:


She may have too. If wants to immigrate to another western country , she may have to do it from Nigeria since she has unlawful presence here.

Moving to another country is not even in my dictionary should I move back to Nigeria, I'm done with relocation for good...lol

Thanks guys. I think I'll just try and save up as much as I can for now. If within those periods I'm able to do my papers, fine and good. If not, I'll just move back to Nigeria.

justwise:


No it will be selfless and responsible as a mother to move back to Nigeria with those two young kids before you ruin their future.

Its just only 4yrs so the affect on them moving back to Nigeria is negligible but the longer you stay in US playing hide and seek with the system the difficult it becomes.

I can understand that you want the best for your kids by taking them to US but since it did not workout don't try to sneak in into another country to start afresh illegally all over again.

Save as much as you can and move back your kids will be fine and will have freedom and rest of mind.

At the age of 29 with two kids and a degree certificate you have a better future but not in US living illegally and wasting your years and certificate.

Hmmm...true that. This really got me.

Thanks everyone for your contributions....with all the advice, I'm weighing both options to see which is best for me.
Truth is, I'm not even scared of being caught and deported at all cos the state where I am is kind of accommodating of people without documents especially when you have kids. Just trying to make my decision based on the long run; like should I keep going like this or should I just go back now that I'm not that deep deep in the system wasting my time.

merahki:



Hello darling
The only time you have to live and be happy is now, in the present, and not later/tomorrow/in the future. Be present at your own life, live now
Do that which feels right NOW
And, living in fear (eg of the future) ensures that your future gives you something to fear
If you are not happy in the US, and feel that you will be happier in Nigeria, move back home
With the expectation and confidence that you will be all right
What makes you so sure that by the time your kids are 18, that Nigeria and or other subSaharan African countries won’t have improved?
Even if not, what is it that makes you think that your kids would not fare okay in Nigeria?
US or Nigeria? Choose the one that makes you happy now.
Cheers

Thank you

Zeewirld:
. You might need to answer some questions before I can proffer solution. ~~How old are you? ~~~What is your highest qualification? And how much in savings do you have?

I'm 29yrs old. B.sc and I've saved about $3000

Beautyaddy:


Okay, it looks like your mind has kind of been made up that going back to Naija is not your favorite option at this time.

Also, I hope your kids are US citizens so that they too dont end up dealing with the same struggles you are dealing with now when they become adults to be left behind.

I still believe that there are ways you can still legalize your status in the US even though it might be a very difficult task to go through. A number of options that comes to mind is through employment of some kind or even through marriage if you're still single.

I dont think your claiming asylum to gain legal status will be that easy at this time due to the fact that you've already overtstayed your presence in the US going to almost four years or so now.

Thank you. I'm actually still open to both options. No my kids are not citizens and seeking Asylum is no longer available to me as if you want to seek Asylum, it has to be within your first year in the states. I'm past that already so I can't seek Asylum.
Just trying to weigh both options cos I don't want to move back now and regret it later.

acorntree:


is it possible for you to apply for Canadian express entry(permanent resident) visa from US? Why not try that. Coming back to Nigeria with your kids is not the best option for now. Nigeria is really hot now, unemployment is at its peak, bad roads, bad economy, decayed infrastructure , no stable electricity, etc. If you don't have any option still continue trying your luck in US till your kids grow old enough that they can feud for them self, then you can leave. please don't bring them now to Nigeria. Nigeria is not the best place to train a child.

That is no longer an option for me and moving again with two kids to go start all over again...phewww

Like someone advised, maybe I'll just stick it through till my kids are grown enough to leave them behind.

peacengine:
Bro man to man, I'm gonna say you should consider 2 things, freedom and accommodation. Back home you're a free man, over there you'll be hiding under the table. Bro, set your target, save about N1million and head home. Set up a poultry or pigry immediately you land, this shouldn't stop you from applying to multiple jobs. If you don't wanna head back home, consider going to safe cities where you can hide and hustle, I heard jobs plenty in Alaska.

Thank you. I'm female by the way.

9JAFULLBREED:
Please forget about going to Nigeria with your kids You definitely gonna regret it. Just forget about going to Nigeria thinking you going to get a good Job

Please don’t make a decision that you going to regret for the rest of your life.


Naija dust + road alone go frustrate you
You go end up jobless
Don’t offend your kids


If you can’t adjust your status maybe you should move to Canada or Australia

FORGET about going to Nigeria to STAY! FORGET it

**** Stop listening to your Village people****

#VillagePeopleTactics (VPT)

One voice in your mind go dey repeatedly telling :

To go to Naija that wow things are so damn cheaper

To go to Nigeria that there’s a rest of mind because of No monthly huge bills

To go to Nigeria at least u go buy good AC and get small car so much difference no go dey

To go to Naija that you go enrol your kids for one cheap school

—————————-

Brotha WAKE up plz nah VillagePeopleTactics

Lol @ village people tactics. Thanks for the advice

femijck:
Are u moving back because of your inability to legalise your stay or because you can’t cope with the lonely Lifestyle of the west ?? That will help us understand your case properly.

And also forget about going home to look for a job, that will be hard with all these stories in the news. If your undertable job can give u some savings, while not start thinking of the job u can create for yourself....

I'll say both plays a factor cos I feel if I had legalized my stay, I would have been going in and out of the country.
Thanks for the advice. I'll start looking into that. But I feel I'm bad at business; tried once and it failed woefully.

Hi guys

Here is my story....moved to the states four years ago together with my 2 kids. Still do not have my papers and it's getting frustrating. Thinking of moving back to nigeria but I think I could do with some advice right now as I don't want to make a rash decision.

Reasons I might want to stay back

My kids are in school (elementary) which of course is free
I have a job that I do under the table
My kids and I have access to good health care even though we don't have all the coverage......

Reasons I want to move back to Nigeria
My families are back home
Accommodation won't be an issue for me as I'll have access to one should I return
I kind of want the naija life and the freedom it brings with it.... And some other more reasons

Here lies my dilemma.
Will I be selfish to move back and not think of my kids having access to better life here
How am I sure I could secure a good paying job with all the sad stories I read daily here?
The life here is kind of lonely as its almost everybody stay your lane...

Pls your suggestions will be highly appreciated and pls also, no insult. Be polite with your replies
Thank you.