Naturalization, Citizenship Legal Custody of US Citizen?

[Silly_Goat]

Can having joint legal and phyiscal custody of a US citizen stop deportation??

My husband and I are currently trying to get a divorce, but I'm starting to run out of money. I need to know how hard I should fight for sole legal and phyiscal custody.

I'm a US citizen and he is a dual British and Pakistani citizen, here on a conditional greencard. We have one child together. I left him nine months ago when I found out that he was involved in a terrorist group. The FBI had me sign some forms withdrawing my sponsorship - they actually hand delivered them to my workplace for me to sign! However, they have not charged him with anything, and I don't know if they ever will. The FBI agent told me that they can't actually deport him until the divorce is final since he came into the US legally, and he is still married to a US citizen. That seems right since my husband recently told me he was able to get an extension on his conditional greencard. Do you know how long his extension could be?

I would very much like to get my divorce finalized for all the above reasons. I know the phyiscal custody is a non-issue if he is deported, but I need to know what he could do if he had joint legal custody of my child. He had gotten a british passport for my child without me knowing. I have that passport now, but would he be able to do it again? Would an immigration judge care about who has legal custody? Could he use our son, who's 4, as a sponsor?

If he were your client, what would you tell him to do?

Thanks,
VR

 

[mafioso]

Wow, I would try to answer just your questions without getting into your decisions. Your son can't sponsor him. Your son needs to be an adult to sponsor him. If his temporal GC has been extended or converted to full 10years GC, it does not stop him from being deported under federal and immigration law. The patriot act can send him out if the FBI has enough to go after him. Given your kid was born here; he can't take the child away from you even if the child has a British passport. More so, he does not have full custody and would require clearance from you to leave the US with the child. He can easily get another British passport for your kid. Talk to your divorce lawyer and official if you fear he could travel out of the country with your kid. They could take steps to flag your kid's name at airports.