When Child Custody Battles Affect Immigration Sponsorship

 Posted on August 22, 2025 in English

Immigration issues can be difficult and complex, and child custody issues can be just as difficult. When child custody issues and immigration problems collide, the difficulties can multiply quickly, particularly when an immigration sponsorship is thrown into the mix. Custody issues can have a direct impact on immigration sponsorship when it is a parent sponsoring a child or a step-parent sponsorship case.

Custody orders can also influence the outcome of green card and visa applications. Those in an immigration sponsorship situation must be fully aware of how a child custody battle can have serious immigration repercussions. Having an experienced Herndon, VA immigration attorney guiding you through these issues can be an invaluable resource.

What is Immigration Sponsorship?

Immigration sponsorship in the United States requires a lawful permanent resident or U.S. citizen who agrees to financially support an immigrant seeking to enter or remain in the United States. This sponsorship is a legal commitment, requiring an Affidavit of Support. Immigration sponsors are often based on family relationships, especially for spouses, children, and siblings of U.S. citizens or lawful permanent residents.

A sponsor can be a non-family member, such as an employer, or an individual who is sponsoring refugees through humanitarian programs. A sponsor must be at least 18 and must demonstrate the ability to support the sponsored immigrant financially. Sponsors must prove they meet a specific income threshold – usually 125 percent of the Federal Poverty Guidelines. If a sponsor’s income is not sufficient, they can seek a joint sponsor.

 A Form I-864 must be submitted that outlines the sponsor’s financial obligations. Sponsorships usually last until the immigrant becomes a U.S. citizen, works for a specific period of time, or meets other conditions. USCIS requires that the family relationship be legally valid and ongoing for a family-based sponsorship.

Custody Situations That Can Complicate Family Sponsorship

In some situations, a parent must have legal custody of a child to sponsor that child. If parents are disputing custody, the sponsorship can be delayed or blocked. A stepparent can sponsor stepchildren, but only if the marriage remains intact.

A custody battle that leads to divorce can terminate eligibility for sponsorship. Any type of conflicting custody orders can raise red flags with the USCIS. Immigration may question whether the child actually lives with the sponsoring parent, potentially leading to termination of sponsorship eligibility.

Unfortunately, if one parent is undocumented, his or her credibility could be affected during custody hearings, giving the citizen sponsoring spouse a decided benefit in the determination of custody. During a custody dispute, the non-citizen spouse could even be deported. While Virginia courts will always make decisions based on the best interests of the child, immigration issues can override custody determinations.

Tips for Families Dealing with Custody and Immigration Issues

Families facing custody issues that affect immigration issues may need to coordinate between immigration and family law attorneys. Custody orders must be consistent with immigration petitions, and some families can benefit from mediation to avoid delays in sponsorship. Thorough documentation can show stability and intent in a custody dispute.

Contact a Fairfax County, VA Immigration Sponsorship Lawyer

When immigration sponsorship and child custody disputes collide, the challenges can be considerable, and one wrong step can potentially jeopardize parental rights and immigration status. An experienced Herndon, VA immigration attorney from Immigration Legal Advisors, PLLCcan be a significant benefit during these difficult times. Attorney Ruiz offers a supportive, full-service law firm with over twenty years of experience and speaks both English and Spanish. Call 571-441-2233 to schedule your free consultation.