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[californiamom3]

What is the name of your state (only U.S. law)? CA
Is there a way to find out what the status is of another persons Visa?

 

[evcalyptos]

What is the name of your state (only U.S. law)? CA
Is there a way to find out what the status is of another persons Visa?

No, there's not.
Reviewing your other threads, you might be able to get the court to compel him to tell. It's not 100% that he gave up his green card/pr status (but likely) and if he came back as a visitor on the visa waiver program, he would not have a visa. He also would not have work permission at all.

 

[californiamom3]

Thank you!
With a B1-B2....from what I've read you must have a USCIS Employment Authorization Card and verification of an application pending for Permanent Residence in order to have a drivers license. He does have a CDL so I'm not sure what's going on. My hunch may be wrong. He has slipped through the cracks before so I'm not counting on his status being on the up and up.
Maybe during mediation I'll ask for them to ask him for verification.
Sorry to sound so suspicious but he recently told me that I should get the girls their passports so that one day they can go visit their family overseas.
I think not....not anytime soon anyway!

 

[evcalyptos]

Thank you!
With a B1-B2....from what I've read you must have a USCIS Employment Authorization Card and verification of an application pending for Permanent Residence in order to have a drivers license. He does have a CDL so I'm not sure what's going on. My hunch may be wrong. He has slipped through the cracks before so I'm not counting on his status being on the up and up.
Maybe during mediation I'll ask for them to ask him for verification.
Sorry to sound so suspicious but he recently told me that I should get the girls their passports so that one day they can go visit their family overseas.
I think not....not anytime soon anyway!

I'm not normally a fan of withholding passports but it sounds like this is a good time to drag your feet.

A B visa is difficult to get from a VWP-eligible country without a very good reason. Since he was a PR before and has children here, he is not a good candidate for a B visa without compelling ties to his home country, which it sounds like he does not have. It's not impossible, it's just not the most likely scenario that he came with a B visa.

It is possible that he lied to the CA DMV and/or presented his old green card to get his current license. Or that he is using an older license and/or renewed off his old CDL.

His legal status could be a compelling part of the custody/other dispute and I'd think it would be material to the situation. Then again, it's California.

I don't see how he is going to earn a legal wage living in the US based on what you've said so far. I suppose it is possible that he got a SB-1 returning resident's visa, but those are also difficult to get and you say he is here on a non-immigrant visa (how did you find out that much and was there any other context to it?).

 

[californiamom3]

His entire family lives in Holland. He does not have one family member here in the States.
When I met him he was a resident alien.
Before he fled back to Holland his license was suspended by DCSS.
He informed our oldest daughter through email that his alien card had expired and was unsure of how he would get back to the states.
He then told her that he found out that he could get a temporary visa as long as he still had a bank account in Holland.
When he came back DCSS allowed a temporary license to seek work.
He was also given a time limit on the temporary.
According to DCSS if he does not make a support payment by the 8/1 they will suspend his license again.
I'd imagine that DCSS has nothing to do with INS and wouldn't even think to check on his status.
I would have liked to have this information before our next custody/support hearing
but it sounds like I'm out of luck. I'll have to ask the mediator/judge when the hearing comes.
Again, thank you.

 

[californiamom3]

I just re-read the emails and he also states that he had to have a return flight ticket in order to come here to the states.....
What do you make of that?

 

[evcalyptos]

I just re-read the emails and he also states that he had to have a return flight ticket in order to come here to the states.....
What do you make of that?

A return ticket is a requirement of the Visa Waiver Program (see cbp.gov + travel.state.gov for more info on this program). The VWP now also requires preclearance through a program called ESTA; you'll find info about that on the same sites.

You could alert DCSS about his immigration status, indicating that he is an additional risk (not settled in CA). You could document the situation to ICE (enforcement arm of immigration) but they rarely go after individuals. If he gets incarcerated, request and ICE referral.

It's really a lot of casting about, without knowing how he arrived here.
How did he get his original PR status, do you know?

 

[californiamom3]

How did he get his original PR status, do you know?

His dad (also a resident alien) lived here in California for some time before he moved here when he was 18 years old. He came to live and work with his dad. His dad moved back to Holland about 10 years ago.
I did go through the ICE telephone recordings...press 2....press 5, blah, blah.
I hung up because I was unsure if I should be reporting suspicious activity if I am not sure about it. I truly don't want to cause trouble, but if he is here illegally it makes all the difference to our current custody and visitation issues. I do not want to falsely accuse. I can't ask him and expect honesty.
I wish there were a way for me to find out.
If potential employers can get info through e-verify**************it seems that there might be another way as well. So frustrating.

 

[evcalyptos]

His dad (also a resident alien) lived here in California for some time before he moved here when he was 18 years old. He came to live and work with his dad. His dad moved back to Holland about 10 years ago.
I did go through the ICE telephone recordings...press 2....press 5, blah, blah.
I hung up because I was unsure if I should be reporting suspicious activity if I am not sure about it. I truly don't want to cause trouble, but if he is here illegally it makes all the difference to our current custody and visitation issues. I do not want to falsely accuse. I can't ask him and expect honesty.
I wish there were a way for me to find out.
If potential employers can get info through e-verify**************it seems that there might be another way as well. So frustrating.

You could ask him directly 'what specific visa are you here with?'. The question is totally germane. You could have one of the kids ask him (I don't have kids & wonder if this is a good idea or not).
e-verify is a bit different from what you want anyway.

Get the court to compel him to answer, but think about what you are going to do with the information, whatever it turns out to be.

 

[californiamom3]

You could ask him directly 'what specific visa are you here with?'. The question is totally germane. You could have one of the kids ask him (I don't have kids & wonder if this is a good idea or not).
e-verify is a bit different from what you want anyway.

Get the court to compel him to answer, but think about what you are going to do with the information, whatever it turns out to be.

Definitely inappropriate to have one of the kids ask.
I wish that I could expect an honest answer if I were to ask him straight out.
I thank you for your knowledgeable answers.