Legal Question in Immigration Law in New Jersey

Re: Immigration & Child Custody

You husband has what is called a "conditional green card." It is conditioned on you being married. Having said that, I would like to note that under certain circumstances your husband may be able to get a permanent green card after his conditional green card expires next year. Therefore, there is a possibility on the table that your husband can lawfully stay in the US and live here permanently. In this scenario, he can certainly fight for custody. Also, he can fight for custody if he moves out of your family residence. Let's now turn to the scenario when you husband would leave the US. If he tries to leave the US with your son against your will, he would be committing international child abduction that is being regulated by the Hague Convention on the Civil Aspects of International Abduction, Uniform Child Custody Jurisdiction Act and Uniform Child Custody Jurisdiction and Enforcement Act. It is much better to prevent your husband from taking your son abroad because it is in some cases impossible to bring children back from a number of foreign countries. When retaining an attorney to work on this case, it would be in your best interest to choose and attorney with strong background in family and immigration law and knowledge of international child abduction issues. I would be happy to help you. Best of luck.