If I went to the US on a visa and overstayed but during this time I had a child who is both American and British, when I try and leave can my child be taken from me?

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If I went to the US on a visa and overstayed but during this time I had a child who is both American and British, when I try and leave can my child be taken from me?

Asked on October 19, 2012 under Immigration Law, Georgia

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

By whom?  Do you mean can your child be made to stay in the US by the other parent?  That would depend on who would get the custody of the child?  If you mean by the government, then the answer is "of course, NOT."  The child is your child and, if born, on US soil, is a US citizen.  However, the child obviously stays with the parents or parent that has custody and if you are going back to UK and want to take your child with you, then that is your right.


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