Asked in Child Custody and Immigration Law for Florida

Q: what happens to US citizen children if both parents (legally on non-imigrant visa) die, no other family in US?

I am a foreign citizen previously on J-1 now on O-1 visa. I had children while on J-1 which are US citizens. My wife is also foreign born (J-2, now O-3). I would like to know what would happen to our children, for some reason, we both were to die. Who would retain custody (no family members in US, all abroad) provided my children have not secured dial citizenship in our country.

1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Most of your question is family law based, but as the question about US citizenship: because they were born in the US, they are US citizens.

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