joint custody-visa

[californiamom3]

What is the name of your state (only U.S. law)? CA
My previous suspicions about my NCP being here in the states on a temporary visa were confirmed by him today. He is currently here illegally.
He again asked me for the kids birth certificates. We have joint legal. Must I provide or is he just allowed to acquire them on his own? The order states that I provide him with school, medical.....nothing specific about providing him with SS cards or birth certificates.
Does he being here illegal change anything?

 

[Proserpina]

What is the name of your state (only U.S. law)? CA
My previous suspicions about my NCP being here in the states on a temporary visa were confirmed by him today. He is currently here illegally.
He again asked me for the kids birth certificates. We have joint legal. Must I provide or is he just allowed to acquire them on his own? The order states that I provide him with school, medical.....nothing specific about providing him with SS cards or birth certificates.
Does he being here illegal change anything?

Why don't you want to give him a copy of their birth certificates?

(He still has rights whether he's here legally or not, btw)

 

[TinkerBelleLuvr]

He's a big boy. He can go down to the court house and get the birth certificates himself. And he can trot down to the social security office and request a copy.

 

[californiamom3]

So unless it specifically states that I provide him with these documents I don't have to?
I have no doubt that he still has rights as a father illegal or legal in the states.
I do wonder if the courts knew of his status during custody hearings if they would have given him the regular visitation schedule. Do Family Courts not concern themselves with such things? (legal status)
How does one enter the states on a temporary visa, let it expire, then continue to work "legally?" He is working a regular tax paying job and paying support through a wage garnishment. (no complaints about that here) I just wonder how this slips by. No real answers I'm sure. With the current state of the US and California governments none of this surprises me.

 

[Proserpina]

So unless it specifically states that I provide him with these documents I don't have to?
I have no doubt that he still has rights as a father illegal or legal in the states.
I do wonder if the courts knew of his status during custody hearings if they would have given him the regular visitation schedule. Do Family Courts not concern themselves with such things? (legal status)
How does one enter the states on a temporary visa, let it expire, then continue to work "legally?" He is working a regular tax paying job and paying support through a wage garnishment. (no complaints about that here) I just wonder how this slips by. No real answers I'm sure. With the current state of the US and California governments none of this surprises me.

Which visa is he on? Has he attempted to adjust status? Does he have a pending application?

(for the most part no, family court does not concern itself with a parent's legal status in this country....and for good reason)

 

[californiamom3]

Which visa is he on? Has he attempted to adjust status? Does he have a pending application?

(for the most part no, family court does not concern itself with a parent's legal status in this country....and for good reason)

He was here on a temporary vacation Visa which has expired.
Many years ago he was a resident alien here in the states.
He went back to his home country for 5 years. His alien status of course changed for the states. He got the temp. to come back here this year.
He told me that he is just now applying for another resident alien green card.

Why does family court not not concern themselves with a parents legal status?

 

[Proserpina]

He was here on a temporary vacation Visa which has expired.
Many years ago he was a resident alien here in the states.
He went back to his home country for 5 years. His alien status of course changed for the states. He got the temp. to come back here this year.
He told me that he is just now applying for another resident alien green card.

The very second his application is received by INS he is no longer subject to any immigration-related penalty and that won't change until his petition has been adjudicated. He can't necessarily work (legally - because he's somewhat in limbo) but he's fairly safe from everything else.

Though it's not unheard of that an out-of-status parent is taken into ICE custody while attending court for a family law matter this is NOT common practice.

 

[Ohiogal]

He was here on a temporary vacation Visa which has expired.
Many years ago he was a resident alien here in the states.
He went back to his home country for 5 years. His alien status of course changed for the states. He got the temp. to come back here this year.
He told me that he is just now applying for another resident alien green card.

Why does family court not not concern themselves with a parents legal status?

You didn't concern yourself with his legal status when you created a child with him. And if you are not going to be that picky with your choices, neither will the court. You chose him as daddy. And the little piece of paper called the Constitution gives him rights. Both as a person in the US and as a parent.

 

[LdiJ]

He was here on a temporary vacation Visa which has expired.
Many years ago he was a resident alien here in the states.
He went back to his home country for 5 years. His alien status of course changed for the states. He got the temp. to come back here this year.
He told me that he is just now applying for another resident alien green card.

Why does family court not not concern themselves with a parents legal status?

I am a little confused about something....

I have a friend who lives in Spain with her husband. He is spanish. They married in the US and lived here for a while (many years ago) and he was issued a green card. He still has that green card. It has not expired and never will expire.

So how did your ex's green card expire?...or did he willingly give up residency?

Obviously he still has a social security number and that is how he is able to work even though his green card may have expired or been relinquished. Obviously his employer has no way of knowing that he may not be able to work legally.

 

[janM]

I have a friend who lives in Spain with her husband. He is spanish. They married in the US and lived here for a while (many years ago) and he was issued a green card. He still has that green card. It has not expired and never will expire.

So how did your ex's green card expire?...or did he willingly give up residency?

We got green cards in 1996. They are good for ten years, so we renewed them in 2006. And will need to again in 2016.

 

[profmum]

I am a little confused about something....

I have a friend who lives in Spain with her husband. He is spanish. They married in the US and lived here for a while (many years ago) and he was issued a green card. He still has that green card. It has not expired and never will expire.

So how did your ex's green card expire?...or did he willingly give up residency?

For a green card to stay active, a resident alien has to be physically present in the US every 6 months. I am assuming Dad never returned to the US in the last 5 years prior to the recent entry which probably nullified his green card.

Obviously he still has a social security number and that is how he is able to work even though his green card may have expired or been relinquished. Obviously his employer has no way of knowing that he may not be able to work legally.

But any employer has an obligation to check a potential employee's immigration status. And Dad can reapply for his GC.. so depending on where he is in the immigration process, he may not be out of status, for example if he is waiting to hear on an application for a GC, another visa etc. The USCIS allows folks to stay in the country pending an immigration decision, of course if the visa is denied, folks have to leave right away or they do become out of status

 

[LdiJ]

But any employer has an obligation to check a potential employee's immigration status. And Dad can reapply for his GC.. so depending on where he is in the immigration process, he may not be out of status, for example if he is waiting to hear on an application for a GC, another visa etc. The USCIS allows folks to stay in the country pending an immigration decision, of course if the visa is denied, folks have to leave right away or they do become out of status

Actually, that's not true. An employer is not required to verify immigration status. An employer simply needs to have the employee fill out the appropriate paperwork, and has to have a valid SSN. I am quite sure that he has a valid SSN.

 

[LdiJ]

You didn't concern yourself with his legal status when you created a child with him. And if you are not going to be that picky with your choices, neither will the court. You chose him as daddy. And the little piece of paper called the Constitution gives him rights. Both as a person in the US and as a parent.

You might want to review her posting history. She married him, created three children with him, he was a legal green card holder and the whole works. I think that they were married for around 10 years.

Then they got divorced, and he ran off to his home country to avoid child support, and has just now returned to the US, after an absence of 5 years, and is slowly being reintroduced to his children.

So, he had legal status when she created children with him.

 

[janM]

Actually, that's not true. An employer is not required to verify immigration status. An employer simply needs to have the employee fill out the appropriate paperwork, and has to have a valid SSN. I am quite sure that he has a valid SSN.

If an employer asks to see the SS card, it will have on it VALID FOR WORK ONLY WITH INS AUTHORIZATION. At least, ours do. I think every employer I've worked for has made copies of my green card. I'm not sure if the SSN flags it or not.

 

[californiamom3]

You might want to review her posting history. She married him, created three children with him, he was a legal green card holder and the whole works. I think that they were married for around 10 years.

Then they got divorced, and he ran off to his home country to avoid child support, and has just now returned to the US, after an absence of 5 years, and is slowly being reintroduced to his children.

So, he had legal status when she created children with him.

Correct.
He does have a SS card.(still valid from previous residency I suppose) He also has a valid drivers license. From what it sounds, his current employer does not check on legal status.
As some of you might remember, he had threatened to take children back to his home country years ago. I will not apologize for being suspicious when he does not have a valid visa and is asking for the kids birth certificates.