Can I file for custody of my three year old even though my permanent residency expired?

Asked over 1 year ago - San Jose, CA

Can I file for full custody of my child plus child support against his dad who is a citizen? I spend more time with my son he only watches him while I work (I only work part time because he doesn't want to work with me so we both work full time) and if he decides to take a trip I have to find a sitter.

Attorney answers (4)

  1. Carl Michael Shusterman

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    Contributor Level 20

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    Answered . Permanent residence does not expire, so what do you mean?

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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Javier G Pineda

    Contributor Level 17

    2

    Lawyers agree

    Answered . Do you have a conditional residency? If so, I suggest you consult with an experienced immigration attorney to figure out what options you may have to file a late I-751. If you do not have conditional residency, you just need to file form I-90. Custody issues should be discussed with a family law attorney. Good luck.

    714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be... more
  3. Tripti Sharad Sharma

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    Contributor Level 19

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    Answered . Permanent residency does not expire. Conditional residency does. Rephrase and re post your question.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  4. Haroen Calehr

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . One has really nothing to do with the other. Custody issues are dealth with in family court. The green card may expire on its face (the validity of it only) but that doesn't mean that your status as a permanent resident expires. You can have a valid card and commit and act which would be grounds for taking away your valid green card and getting you deported. I think you should re-file you question under family law.

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