immigration family-law
Is there any chance for a parent to get a joint custody without a legal status in the U.S.?
<ul>
<li>Jan 2020 - I came from Outside of U.S. (foreign citizen) on a fiancee visa.</li>
<li>Mar 2020 - I married my ex-wife (she is a U.S. citizen).</li>
<li>Sep 2020 - I got my 2 year temporary green card.</li>
<li>Mar 2021 - Our daughter was born.</li>
<li>May 2021 - We decided to divorce. She is the plaintiff.</li>
<li>Jun 2021 - The divorce is finalized. She is the primary custodian.</li>
<li>May 2022 - I applied to remove the conditional status from my green card. It was 3 months before the expiration. My application is still pending. I am worried that they might suspect as if there is immigration fraud or something. What is they want to take me to the deportation court or something.</li>
</ul>
<p>I was thinking to get a joint custody of our daughter. Do I have a chance? Or do I need to be able to provide a Legal Residence Status? Is my current status considered to be a Legal Status? Will the judge think it’s unstable status? I live in Arkansas. If possible to provide an answer with link to some official .gov references.</p>

<p>Yes.</p>
<p>Citizenship and immigration status are not factors that are expressly considered under Arkansas law in an award of joint custody. <em>See</em> Arkansas Code Section 9-13-101. This is discussed in a previous answer is <a href="https://law.stackexchange.com/a/92200/9517">here</a>.</p>

<blockquote>
<p>Or do I need to be able to provide a Legal Residence Status? Is my current status considered to be a Legal Status?</p>
</blockquote>
<p>You remain a conditional permanent resident for as long as your Removal of Conditions application (I-751) is pending. See <a href="https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-216/section-216.4#p-216.4(a)(1)" rel="nofollow noreferrer">8 CFR 216.4(a)(1)</a>:</p>
<blockquote>
<p>Upon receipt of a properly filed Form I–751, the alien's conditional permanent resident status shall be extended automatically, if necessary, until such time as the director has adjudicated the petition.</p>
</blockquote>
<p>(This section is about jointly-filed I-751s. You applied on a waiver basis on the basis of divorce, so it would be covered by <a href="https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-216/section-216.5" rel="nofollow noreferrer">8 CFR 216.5</a>, which doesn't have this sentence, but the same thing applies.)</p>
<p>I-751 receipts now <a href="https://www.uscis.gov/newsroom/alerts/uscis-extends-green-card-validity-for-conditional-permanent-residents-with-a-pending-form-i-751-or" rel="nofollow noreferrer">serve as a 48-month extension letter</a>, meaning that the I-751 receipt, plus your expired green card, serves as valid proof of permanent residency for all purposes a green card can be used for, including entering the US, working in the US, etc., until 48 months after your green card expired. (The 48-month extension started in Jan 2023; previously, it was 24 months. They re-issued 48-month extension letters to people whose I-751s were pending as of Jan 2023.) Since your green card expired in Sep 2022, this extension letter plus expired green card serve as proof of your status until Sep 2026. If your I-751 is still pending at that time, or if you lose your green card or extension letter, you may call USCIS to get an I-551 stamp as further temporary proof of permanent residency.</p>
<blockquote>
<p>What is they want to take me to the deportation court or something.</p>
</blockquote>
<p>You should not be put into removal proceedings while your I-751 is pending. If your I-751 is denied, you will be put into removal proceedings in immigration court. There, you can challenge the I-751 denial (potentially with a lawyer) with the immigration judge in immigration court, and if the immigration judge agrees with you, they can approve your I-751. So the removal proceedings basically function like an &quot;appeal&quot; of the I-751, even though it is not technically called an appeal. Both <a href="https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-216/section-216.4#p-216.4(d)(2)" rel="nofollow noreferrer">8 CFR 216.4(d)(2)</a> and <a href="https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-216/section-216.5#p-216.5(f)" rel="nofollow noreferrer">8 CFR 216.5(f)</a> say:</p>
<blockquote>
<p>No appeal shall lie from the decision of the director; however, the alien may seek review of such decision in removal proceedings.</p>
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<p>Your other questions:</p>
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<p>I was thinking to get a joint custody of our daughter. Do I have a chance? [...] Will the judge think it’s unstable status?</p>
</blockquote>
<p>I am not familiar with how family and custody law in your state views immigration status. But Removal of Conditions is a perfectly normal and routine procedure that people immigrating as spouses go through. The expectation is that your conditions will be removed and you will be able to remain in the US permanently. It doesn't make sense for you to be penalized for being a conditional permanent resident, unless there is reason to believe that your conditions won't eventually be removed.</p>
