Can child custody obligations affect my green card and immigration status? 3 Answers as of July 20, 2011

I'm a green card holder and my status now is adjustment of my status.. I have a baby in US, and get divorcee on my husband. I am trying to joint the army but the extension of permanent residency will expired with in Sept 30,2011. They asked me to have a physical custody for my baby so i can get in. My question is can a physical custody to another person will affect my status to get me another green card?. Will I be deported? can you help me please thank you.

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
The second part of your question is not clear to me. But for the first part, if I understood your question correctly, child support or custody obligation should not have any effect on your residency or removing condition of your green card as long as you did not make a misrepresentation to CIS at the time of interview or on the forms.
Answer Applies to: Nevada
Replied: 7/20/2011
The Law Offices Jonathan D Montag
The Law Offices Jonathan D Montag | Jonathan D Montag
The grounds of deporting someone can be found at INA 237(a). Issues of custody of a child are not found there. Convictions for child abuse and neglect are grounds of deportability, but not simply losing custody of a child. If a person adjusted status based on marriage and was married less than two years at the time of adjustment, the person is a conditional resident and this residence expires after two years. Before the residence expires (as shown on the permanent residence card), the conditional resident must remove the conditions on residence. If the person is no longer with the U.S. citizen spouse who petitioned for him or her, he or she must self-petition and show that the marriage was bona fide, that there was abuse, or that there would be extreme hardship if he or she could not stay and this hardship arose after the adjustment.
Answer Applies to: California
Replied: 7/20/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
It appears that you have a conditional green card and you will need to file I-751 to remove the condition. If you have divorced, you can file I-751 under waiver of joint petition. You child and your phsical custody will not affect your application.
Answer Applies to: California
Replied: 7/20/2011
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