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Hello , i came to germany heavily pregnant in 2019 December to meet my baby father. He has a permanent resident  and i gave birth January 1st of 2020.  After i gave birth he got the Vaterschaft i got in touch with a lawyer to know my options as regards staying in germany. And she said i have a good case. In october of 2020 i was sent a letter from Augsburg stadt asking me to leave voluntarily with my daughter. We decided to go to court and since then its been 1 bill after another even though i dont mind i just want to do the right thing. Now I've been asked to come to the lawyers office because Augsburg has given me an offer. Please what could that offer be?
Will i be deported and  asked leave my baby behind?
asked Jan 25 in Legal advice by Nnemarris

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1 Answer

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Did you have a Duldung after you gave birth on the 1st?
answered Jan 25 by Albertz
No I  do not
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Dear @Nnemarris,

Welcome to the Wefugees Community and thank you for reaching out to us.

It is quite difficult to predict, what exactly the immigration office is "offering" now. Especially as we know very little about your conditions. Did you apply for asylum? Was the application rejected? You were mentioning the court - did you appeal against the rejection?

If your baby's father holds a permanent residence (Niederlassungserlaubnis) for many years, the child might also be able to get the German citizenship, if I am not mistaken. You may be entitled to receive the residence permit according to Section 28 of the German Residence Act respectively as mother of a German child. Otherwise, your child can get a residence permit according to Section 33 of the German Residence Act as child born in Germany (and a parent holding a residence permit). For you, a residence permit according to Section 25 (5) could present an option. 

I will also link our dear expert @alla_fka here. Maybe she can correct me or add some information.

In any case and the most important aspect: They will definetely not deport you without your child! Please don't be afraid that the authorites seperate you. This is very unlikely to happen and for sure not in the authorities' interest.

I hope this helps and please don't hesitate to get back to us with any further questions and/or if you want to update us.

All the best,

Meike

answered Jan 25 by Meike
Yes I have sought asylum on the grounds of  family reunification. I was asked to leave voluntarily on the  basis that i they do not think I am credible and the fact that I came onto Germany trhough France.
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