married to a US citizen, need to go out of US for migration issues, my baby is 1 month, in IL the court will be on my favor?

Im married to an US citizen, Im not and my VISA expire recently we marry in Mexico, and I need to change my migration status before I get a deportation order, my child is 1 month, because or her age what are the chances to get a permision from a judge to take her with my if my husband is not giving me his permision? He work all day, we are both unempoyed, i have support on my country, I can be deported if I continue like this, and my baby is breast feeding, he wont have money for a nanny to take care of her while im gone, and it can be as long as a year... - Is this your question? Add additional information