Does anyone know what rights an illegal immigrant has? If they are being divorced for adultery are they able to sue for custody of any child from the marriage. If they can not work or get government assistance and have no home except with the latest boyfriend, what is their status? Does anyone know... I am speaking of Ontario Canada.

You would sort of have to explain more. In general an illegal immigrant does not have any rights per se, however if the children are his/hers he/she would have a right to see them and may not necessarily be deported (especially if the illegal immigrant is the mother).

Were any immigration papers filed for this person and just never completed?

Yes, they can sue for custody in court, their illegal status does not stop them from that. * also in many places they can get welfare and other government assistance.

The fact they are illegal and the fact they have no job or no home can hurt their chances of winning, but they can still sue.

You would sort of have to explain more. In general an illegal immigrant does not have any rights per se, however if the children are his/hers he/she would have a right to see them and may not necesarily be deported (especially if the illegal immigrant is the mother).

Were any immigration papers filed for this person and just never completed?


They were married in January 2006, the baby was born in July 2004, she started the affair when the baby was 3 months old and it continued until the summer of 06. The boyfriend did not know she was married but found out in July of 06 he did not tell the husband until August of 07. The husband tried to encouraged her to start immigration proceedings as soon as they were married (January 06) she kept putting it off for some reason until May of 07. The husband paid over 1000 dollars to start proceedings but stopped immediately when he was shown photos of the adultery and moved hiimself and his daughter out of the rented apartment. To date she has not responded to the divorce papers. As I say this is in Ontario Canada.