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Tricky and the laws will depend on the jurisdiction. Most will not allow a minor outside of their jurisdiction, so that they can validate the welfare of the child.

You need to go to court to get your parental rights if you have not already. Immigration status have no bearing on parental rights so if the mother dies you will get the child. She can not will the child away from the other parent. It's not the will that will decide where the child goes but the court. What she wants for the child is just a wish since you can not will a child away as if they were property. So go get shared custody, visitation rights etc. If she dies and you have custody you can take the child to your home country if you wish.

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Q: What rights does an illegal immigrant have to his child he shares with a citizen and in the event of the death of the mother can he raise the child in his country against a written will of the mother?
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