Illegal Immigrant Seeking Custody

My question involves a child custody case from the State of: Minnesota

My friend has been living in the united states for about 7 years. He has always had a work visa. Three months ago when he re-applied for his visa it was denied. So he is now here illegally. He owns a house here and has a 5 year old son who has been living with him for almost 2 years. The child's mother only see's him about once every 2 months for a couple days at a time. She does not ask or want to see him anymore than that. He wants to file for custody but is unsure of how that would work since he is now illegal. His name is on the birth certificate and he has been around for his son from day one, being the sole provider money wise. Bottom line, can he file for custody?

I strongly suspect that since he is now considered to be here illegally and is expected to be leaving soon, the courts are not likely to make a change in custody. To do that, they would then shortly be faced with the issue of your friend leaving the county and wanting to take the child which the courts are not likely to allow.

Yes, he can file for custody. His status won't even come into question unless Mom - who will have to be served - makes an issue of it.

If she DOES make an issue of it, he may face a huge mountain.

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Quoting Dogmatique

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Yes, he can file for custody. His status won't even come into question unless Mom - who will have to be served - makes an issue of it.

If she DOES make an issue of it, he may face a huge mountain.

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while I understand that being "illegal" does not alter one's access to the courts, do you not think the fact he is expected to be leaving the country soon factor into the issue?

He does not plan on leaving anytime soon. He is working with a lawyer to become legal. He owns a house here and has been the provider for his child since he was born, no plans of leaving unless forced.

I don't think I can assume that he's expected to leave the country. Given that he's a visa overstay versus EWI, he actually does stand a chance of changing his status should the right conditions present themselves. Unless he breaks the law, USCIS and ICE won't even see him on the radar. They've got bigger things to worry about, I suppose.

Bottom line though, it's not something family court will even look at unless someone makes them aware of the fact - and even then, given that Mom doesn't appear to want custody, it's not impossible that he'd be granted the right to take the child with him.

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Dogmatique;739506]I don't think I can assume that he's expected to leave the country. Given that he's a visa overstay versus EWI, he actually does stand a chance of changing his status should the right conditions present themselves. Unless he breaks the law, USCIS and ICE won't even see him on the radar. They've got bigger things to worry about, I suppose.

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not suggesting ICE et al would be involved. Just that fact that he is now illegal and he has also been denied a new visa. To me, that suggests bigger issues and, unless it is something he can clear up, I think it turns back into something where he is expected to leave the country soon (at least to be in compliance with the law)

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Unknown2013
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Join DateSep 2013Posts2

http://www.expertlaw.com/forums/images/icons/icon1.png Re: Illegal Immigrant Seeking Custody

He does not plan on leaving anytime soon. He is working with a lawyer to become legal. He owns a house here and has been the provider for his child since he was born, no plans of leaving unless forced.

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so, are you suggesting he is working illegally in order to pay his bills?



what is the mothers position on this? Is she aware of his status? Is she vindictive?

He's working illegally?

He needs an attorney, not a friend posting his business on a message board. THAT can sink him. Fast.

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Quoting Dogmatique

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He's working illegally?

He needs an attorney, not a friend posting his business on a message board. THAT can sink him. Fast.

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well, his work visa is expired and he was denied a new visa and he is the sole provider...



I'll let you guess as to whether he is working illegally or not.

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Quoting jk

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well, his work visa is expired and he was denied a new visa and he is the sole provider...



I'll let you guess as to whether he is working illegally or not.

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Except that if he was here on a work visa his employer would have been involved with that and would have terminated him if the work visa expired. Its not very likely that an employer involved in a scenario like that would keep the employee on the payroll with an expired work visa.