If the mother har expired working visa and residency in america the father is american citizen custody of kids

Question

if the mother has expired working visa and alien residence and the father is an american citizen? who has the rights for the custody of minor children?

Answer 1

They both do until a court says otherwise.

Answer 2

They both have custody until the court sayr otherwise just because her vise has expired doesn't mean anything it just means she needs to try and get a new one. She can talk to the courts and a lawyer to see what she needs to do in order to get full custody if that is what she wants. Also call immergartaion and find out what she needs in order to get her visa back and to keep herself legal. there is a lot of legal things she has to take care of. Let her know in is very important that she does it right away, before the father makes a move first. because once that happens it will be hard to fight. I know from exprince, my exhusband took my kids from me but we went to court and have joint custody but the live with him all the time, i only see them went i go home which is every 4 month or so. So tell her to act fast. Good luck

Answer 3

You need to talk to a lawyer familiar with immigration issues.

Generally,both parents have joint custody of the children.

The mother can check to see what her options are for obtaining a new work visa or applying for permanent residence.