Skip to main content

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

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


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

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Mark as helpful

1 found this helpful

13 lawyers agree


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.

Mark as helpful

1 lawyer agrees


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 construed as legal advice. The answer does not create an attorney/client relationship.

Mark as helpful

2 lawyers agree


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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

Mark as helpful

2 lawyers agree

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics