What Happens to Children Born to a Citizen-Immigrant Couple That Divorces?

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There are several ways a child can be impacted if one of their parents is not a US citizen and the couple divorces. One of the biggest impacts is what happens with custody if the parents divorce. Additionally, it is important to understand whether the child will be considered a citizen of the United States.

If a child is born in the United States, they are most likely going to be US citizens. If they are born outside the United States and they are the child of a US citizen, the parents can apply the child for citizenship based on the citizen parent.

When a marriage ends when there are children are involved, it can be traumatic. This is especially true if the foreign parent is unable to remain in the country following a divorce.

There are situations where a divorce results in cross-country custody concerns. That is difficult because there are American courts and foreign courts that would all be interested in the case.

If you have children and you or your spouse is not a citizen, it is important to understand how your divorce will affect their citizenship and custody. Call Hacking Immigration Law, LLC to speak with our knowledgeable attorneys.