A 27-year-old mother who has lived in Montreal since 2005 has been granted a stay after her temporary residency application was approved.
Sheila Sedinger was due in federal court Tuesday for the right to stay in Canada. She was facing deportation and if sent back to Mexico she wouldn't have been allowed to bring her two Canadian born children with her.
Sedinger applied for permanent residency with her ex-husband's sponsorship but when he was charged with physically assaulting their daughter, he was no longer eligible to sponsor her.
Because he's a refugee, he could stay in the country but Immigration Canada told Sedinger this spring that she had no status and needed to leave by August 30.
Her attorney, Angela Potvin, says because of ongoing custody battles, if she is deported, her six and eight year old daughters can’t leave with her.
"Either they will end up with the ex-husband or they will end up in foster care. In the custody paper work, there is a question on his fitness to be parenting without supervision,” she said.
Immigration Canada and Canada Border Services Agency could not comment or confirm specifics of the case.