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I have a complex issue I'm looking for advice on. My mother…

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Hello I have a...

Hello I have a complex issue I'm looking for advice on. My mother and her husband of 13 years immigrated to NZ in 2016 through the parents residence visa. They were sponsored by my step brother Brad. We had been working on this immigration for over 4 years. I live in Canada but sent financial aid throughout this time to facilitate and assis with costs. While in South Africa, my mother was the sole earner for a number of years as my stepfather had been made redundant. I sold my car and tey used the funds to pay for their immigration application. All money I sent to South Africa went to both of them. Being elderly, they required medicals. My mother passed hers the first time around (her biggest issue was her bipolar disorder which was in remission). Her husband has heart and back issues and diabetes issues which required a few operations and medicals before he was cleared. They liquidated all their assets and left South Africa in October 2016. Almost immediately, the family in NZ started complaining about having both parents there, it being too stressful and them not being able to deal with my mother's issues. They threatened "something bad" was going to happen. In March 2017 they essentially kicked her out of New Zealand and she came to Canada (since that's where I live and I had got her a visa). Her husband had to choose between the grandkids and her. Now she is alone, destitute and without any support from NZ and her husband, besides a small stipend of a little of $100 we have been able to get from him for the last few months. I'm wondering how we can go about getting assistance in getting some help for her since all her assets in South Africa have been liquidated and she is now going back to South Africa, with no home and no finances. Since she was the primary bread winner and we assisted to get both her and her husband to New Zealand, I feel the family in NZ should be obligated to financially support her since they are the ones that reneged on the immigration plans. I feel with 4-5 years leading up to the immigration, they had all that time too stop the process, but in fact needed our assistance in getting their father to NZ. They would not have been able to immigrate their father without my help or my mother's help. So essentially I think this was done intentionally and then once she was there they made her life very uncomfortable and then shipped her off to Canada. She has lost her home, family, husband and country. I need to know how I can do something for her from Canada, even though she is returning to South Africa in a month and it involves NZ. Any help or advice would be appreciated.

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I dont know how to answer this question. I am enquiring on behalf of my mother who is a NZ resident.

Lawyer's Assistant: Has anything been filed or reported?

Not yet, I dont know where to start?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think I covered most of it

Submitted: 4 months ago.Category: New Zealand Law
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Answered in 28 minutes by:
1/12/2018
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,619
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a New Zealand lawyer based in Wellington and will help with your question today
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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
I think the problem is that there are moral obligations owed by the NZ family but I cannot see any legal obligations in this situation.
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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
There is no right to spousal maintenance in New Zealand in this situation. But she could claim half of the joint assets which are left, as relationship property. If there is money left, she could claim in the Family Court if that is worthwhile.
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Customer reply replied 4 months ago
There is nothing left, it was all used to get to NZ from South Africa. I think the threat of harm "something bad is going to happen to you" is a legal issue, is it not? I also believe they commited fraud since without her, their father could not get to NZ so they intentionally went along with it, until they were there, then made things so untenable and uncomfortable she was forced to leave.
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
I agree this does look bad with the threats and using her residency. But to sue the family would take money for lawyers and she would need to return to New Zealand for any court hearing. You may be thinking criminal fraud but I expect her family would then blame her for being difficult rather than accepting responsibility, which would likely make the police say it is a civil claim
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