This could get long. My husband came to the USA about 6-7 years ago, legally as a resident. He left his daughter and girlfriend with plans to one day petition for them and marry the girlfriend. Well, plans changed when he found out she was cheating, which was about less than 6 months after he left.
He continued to support the daughter. After about 3 years, the mother of his child decided she should come to the USA illegally, via the mountains, desert, whatever. Ok well she landed in Miami Beach, where she has been residing with her family. She left the daughter in her home country with my husbands mom, the childs grandmother. She has been caring for her ever since.
Hubby continues to support her. Well, fast forward to now, my husband has filed form I-130 for his daughter, after becoming a US Citizen last year. The case was approved and we should have her here within a few months.
On to my question. I understand my husband has financial responsability over the child, since he petitioned for her, but can the child reside with her mother? My reason for asking is the mom wants her, my hubby wants her. They've decided to leave the decision up to the child who is 10. In my opinion too young to have to choose, since she is undecided and worried of "hurting someone's feelings".I believe as two adults, they should weigh the pros and cons of the different locations (we are in NYC) and make a decision until she is older. For example, benefits of local schools, what type of family support she will have, and of course living arrangements. But is it legal for the mom to take her being that she did not petition for her and is here illegally? Thanks so much. And sorry for the story.

I'm just guessing here, but I don't think immigration status plays any role in child custody matters. Maybe you could find a family lawyer familiar with immigration law.