notice of termination of conditional resident status
Aug 29th 2007, 6:37 pm
#16
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Re: notice of termination of conditional resident status
Since there has been a claim made that "residency is already established" the decision is going to be made in the next 2 weeks; the court has to decide now about whether the child will continue to live in a shelter, where he was infected with scabies or with dad.
The amount of custody depends on whether she can stay or not, and other little details about being legally able to drive, be employed, find housing etc.
The court is simply ruling on the best interests of a child who has been traumatized by a kidnapping on a false allegation of child abuse.
The amount of custody depends on whether she can stay or not, and other little details about being legally able to drive, be employed, find housing etc.
The court is simply ruling on the best interests of a child who has been traumatized by a kidnapping on a false allegation of child abuse.
Okay, I'll play! If she does nothing, she will likely fail to demonstrate that she is a legal resident. If custody depends on that single item *only*, she will likely not get custody.
The court, however, can not rule on a situation beyond its jurisdiction (read = federal immigration law). The court also is neither stupid nor cruel (well... depending on your POV) and so will likely defer judgement until after her immigration status is resolved.
Ian
The court, however, can not rule on a situation beyond its jurisdiction (read = federal immigration law). The court also is neither stupid nor cruel (well... depending on your POV) and so will likely defer judgement until after her immigration status is resolved.
Ian
Aug 29th 2007, 6:40 pm
#17
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Re: notice of termination of conditional resident status
What I want is irrelevant. The question is, failing any action (like getting an immigration attorney), what are the likely outcomes for her?
The final custody decision, due in early September, will depends largely on her being able to provide, among other things, proof of legal residency in the US (she is claiming that she is a "legal resident of the USA" even though her CPR status expired early July).Its shared custody if that is proven.
In her eagerness to get sole custody she took her eye off the ball.
The final custody decision, due in early September, will depends largely on her being able to provide, among other things, proof of legal residency in the US (she is claiming that she is a "legal resident of the USA" even though her CPR status expired early July).Its shared custody if that is proven.
In her eagerness to get sole custody she took her eye off the ball.
Her claim might well be valid even with an expired green card. She is unable to file until the divorce is final. Once final, she is back in status.
Did you withhold the notice from her?
Aug 29th 2007, 6:41 pm
#18
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Posts: 46,392
Re: notice of termination of conditional resident status
Since there has been a claim made that "residency is already established" the decision is going to be made in the next 2 weeks; the court has to decide now about whether the child will continue to live in a shelter, where he was infected with scabies or with dad.
The amount of custody depends on whether she can stay or not, and other little details about being legally able to drive, be employed, find housing etc.
The court is simply ruling on the best interests of a child who has been traumatized by a kidnapping on a false allegation of child abuse.
The amount of custody depends on whether she can stay or not, and other little details about being legally able to drive, be employed, find housing etc.
The court is simply ruling on the best interests of a child who has been traumatized by a kidnapping on a false allegation of child abuse.
The court will also judge the validity of the child abuse charge.
Aug 29th 2007, 6:42 pm
#19
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Re: notice of termination of conditional resident status
But of course I have no idea how it will actually go down.
Rene
Aug 29th 2007, 6:48 pm
#20
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Re: notice of termination of conditional resident status
She can file for removal asa the divorce is approved. The smart thing the court would do is to separate the two issues, grant the divorce and then she can file and the right to work, drive and live in the US with her child.
Aug 29th 2007, 7:00 pm
#21
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Re: notice of termination of conditional resident status
The court has already ruled, in an interim hearing, that child abuse was invalid, based on pediatrician, police reports. Dad has interim 2 overnights / week until court date.
Deportation is not in the best interests of the child (or the father who has to worry about getting his son back from the alien's country when she has visitation)
Dad is getting at least 50%; child support, if any, will not provide for adequate housing close enough to the school.
Deportation is not in the best interests of the child (or the father who has to worry about getting his son back from the alien's country when she has visitation)
Dad is getting at least 50%; child support, if any, will not provide for adequate housing close enough to the school.
Aug 29th 2007, 7:21 pm
#23
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Re: notice of termination of conditional resident status
You probably just missed my question and I'd really appreciate an answer, so here it is again - what date in July did the 2 yr card expire? Thanks.
Aug 29th 2007, 9:32 pm
#24
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Re: notice of termination of conditional resident status
the court mediator recommended it....Also lets remember that the boy has just spent 2 traumatic months in a shelter for no good reason, and apart from there is a divorce happening best interst of the dhilg is to preserve the status quo
Aug 29th 2007, 11:48 pm
#26
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Re: notice of termination of conditional resident status
Thanks very much.
Aug 30th 2007, 12:44 am
#28
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Re: notice of termination of conditional resident status
However, I pointed this out to you several months ago. Your continued reference to "the boy" does not reflect well on your closeness to him as his father.
Maybe this is just how you speak but as I had mentioned before, (and having been through the divorce/custody maze) you don't want to present yourself as being detached from him. He's your child, not your possession.
My two cents and no offense meant, but you just don't seem to realize how this sounds.
~SecretGarden
Aug 30th 2007, 1:41 am
#29
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Re: notice of termination of conditional resident status
no, not the ICE or USCIS. Followed the instructions from National Council of Missing and Exploited children (1-800 the lost)when she disappeared with my son
Aug 30th 2007, 2:12 am
#30
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Re: notice of termination of conditional resident status
Point taken.Bottom line is the 8 weeks when he has been gone has truly been traumatic (for both him and me). From the outcome, however, I don't think the mediator found that I was regarding him as a "possesion". On the other hand, lying to the cops, traumautizing his pediatrician into trying to get the ped to file a claim of child abuse to the point where security was called, making false claims of legal residency and driving w/o a license may have also been factors - tough to know, but point taken. Thanks
Preface: I don't know the answer to your question or really have anything helpful to add from an immigration point of view.
However, I pointed this out to you several months ago. Your continued reference to "the boy" does not reflect well on your closeness to him as his father.
Maybe this is just how you speak but as I had mentioned before, (and having been through the divorce/custody maze) you don't want to present yourself as being detached from him. He's your child, not your possession.
My two cents and no offense meant, but you just don't seem to realize how this sounds.
~SecretGarden
However, I pointed this out to you several months ago. Your continued reference to "the boy" does not reflect well on your closeness to him as his father.
Maybe this is just how you speak but as I had mentioned before, (and having been through the divorce/custody maze) you don't want to present yourself as being detached from him. He's your child, not your possession.
My two cents and no offense meant, but you just don't seem to realize how this sounds.
~SecretGarden