Hi @ABEL
In the deportation order ‚Abscheibungsandrohung‘, the destination country is named. This is not necessarily the person’s home country but can also be another country they have a connection to, in this case Italy. It is not clear why the authorities did not take this into account.
Pregnancy by itself is not a reason to stop a deportation order. The Ausländerbehörde assesses a possible deportation and whether the person is physically well enough to travel (Reisefähigkeit). If she has confirmation from her doctor that she is unable to travel, then this must be submitted to the Ausländerbehörde. In general, pregnant women are not deported in the special maternity protection period ‘Mutterschutz’ six weeks before birth and eight weeks after birth. The possibility of deportation is not, however, absolutely ruled out in this time.
Did your wife apply for a residence permit according to paragraph 29 of the immigration law? The spouse of a person with 25b can be given a residence permit for humanitarian reasons. She also must have level A1 German and you must as a couple be able to support yourself financially.
We cannot advise here on how to stop a deportation order as we do not know the details of the case and it is anyway a question for a lawyer. It is not clear from your question what has happened previously in this case. Possibly she can file an objection (Klage) against the deportation order but there are certain times limits involved. Other options are a residence permit as your spouse, or the temporary paper ‘Duldung’. Once the child is born, it can get a residence permit according to paragraph 33 of the immigration law. Unless your wife fulfils the conditions for a permit as your spouse, she will first have to remain on a Duldung. But speak with a lawyer in order to first deal with the deportation order.
Best,
Éanna