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Lic. Catarino Ibarra Almazan
Lic. Catarino Ibarra Almazan, Abogado de México
Categoría: Ley de México
Clientes satisfechos: 758
Experiencia:  Titulado y con Cédula Profesional, experiencia en materia Civil, Laboral, Familiar, Fiscal y Penal.
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-- US immigration law -- Hi, Im an American citizen and have

Pregunta del cliente

-- US immigration law --
Hi, I’m an American citizen and have lived in Mexico with a Mexican woman since December 2007, and our first child was born in 2008. We were officially married in Mexico in February 2010 and applied for and received a 10-year tourist visa in the summer of 2010. Since the sociopolitical climate worsened here in Mexico considerably to the extent that I feel it is a danger to be here at all, we put in an application for an immigrant visa for her (at the U.S. Consulate in Ciudad Juárez). They received it in November 2010 and have yet to give us an appointment. (Nothing comes up at http://www.uscis.gov/portal/site/uscis for the case number XXXXX gave us in a letter of acceptance.) In the meantime, we have learned that they are not operational and that we may have to transfer our case to Mexico City or reapply there (our $400+ application fee was collected by the Juárez office, BTW.) In case it’s important, we went to visit relatives in Texas and California from May to July of this year. And now we’re expecting another child in late September.
In short, I am wondering what our best option is for getting out of Mexico permanently as soon as possible and getting my wife an immigrant visa as well. We don’t mind having the baby here and applying for his Consular Report of Birth Abroad and US passport immediately (as we did for our first child). Then we would like to go to California.
I was told by more than one Border Patrol Agent this spring during our travels that we should have gotten married in the U.S. -- that it would have been much easier that way. Can we not simply go now to Las Vegas and get married in the U.S., and then file for my wife’s immigrant visa at the nearest USCIS office?
Does our baby need a U.S. passport to get into the U.S., or is it sufficient to show that he is my son (with Mexican birth certificate + translation)? I ask because then we could apply for our baby’s U.S. papers right after his birth and have them forwarded to us in California.
Enviada: hace 6 año.
Categoría: Ley de México
Experto:  Lic. Catarino Ibarra Almazan escribió hace 6 año.
Hello that such
good day

One way to obtain U.S. citizenship is the son of a citizen of either parent born in the U.S. or if you recently became a citizen through naturalization process (For information on obtaining U.S. citizenship through naturalization, click here).

Obtaining citizenship for children depends on whether they reside inside or outside the United States. Here are the requirements in both cases.

Children residing within the U.S.

For a child to automatically obtain U.S. citizenship, must meet the following conditions:

- At least one parent must be a U.S. citizen either by birth or naturalization.

- The child must be under 18 years of age.

- The child must reside in the U.S. with its American parent, who must also have legal custody.
Likewise, we must keep in mind that for a son / daughter be eligible bachelor / a. Also consider that if the person was born but his parents were married, must be recognized ANTRES 16 years, provided they are under the legal custody of the parent who will recognize.

How is the ciudanía?

Those under 18 who qualify receive citizenship automatically without having to submit any applications. However, if you obtain a Certificate of Citizenship, USCIS will process the Application for Certificate of Citizenship on Form N-600.

Children over 18 years, in most cases are not eligible for citizenship through parents.

Children residing outside the U.S.

Those children, whether natural or adopted children who reside outside the U.S. may be eligible for citizenship if they meet the following requirements:

- The child must be under 18.

- At least one parent must be a U.S. citizen. In case of a deceased, simply that this was a U.S. citizen to die.

- The U.S. citizen parent must have lived in the U.S. or unincorporated territories for at least 5 years and 2 of those 5 years must be after the parent turned 14 years old.

- The child must reside outside the United States with her U.S. citizen parent, who also should have custody.

- If the child is temporarily present in the U.S., must have entered legally and maintain their legal status.

- Adopted children may also qualify for citizenship.

As in the previous case, the son / daughter must be unmarried / a. Similarly, if the person was born but his parents were married, must be recognized ANTRES 16 years, provided they are under the legal custody of the parent who will recognize.

It is emphasized that a stepchild who has not been adopted will not be eligible.

Ciudanía How to apply for a child not residing in U.S.?

The application must be processed to form N-600K, with the American father who must do so on behalf of the child.

If the citizen parent is deceased, a grandparent, legal guardian a U.S. citizen or U.S. may apply for the child during the 5 years after father's death.

Having completed the naturalization process, the child may apply for a passport.

In some cases, additional documents must be submitted besides the documents listed below.

• As a first step, please make an appointment online by clicking here.

http://travel.state.gov/visa/visa_1750.html

• Must apply in person to apply. • Proof of U.S. citizenship of the father or mother. Please submit one of the following documents for one or both parents: (1) original birth certificate of the United States (long depth) and United States passport, if any, (2) original Certificate of Citizenship or Naturalization, or (3) Original Consular Report of Birth Abroad; not accept statements or mutilated certificates. • Marriage certificate of the applicant's parents, if they were / are married. • valid and enforceable IDs issued by a government authority with a photograph of mother or father of the United States (ex. driver's license, state identification card with photo, school ID, etc.).. • Please complete the DS-11. Do not sign this application and to be signed in the presence of the consular officer. • If only one parent is a citizen of the United States, provide evidence of the physical presence of the parent in the United States. Please provide sufficient proof of school, working papers, income tax forms (tax) of previous years, statements of social insurance (social security earning statement), or other evidence showing that the U.S. parent has lived in the United States. • original Mexican birth certificate of the applicant. • Valid and current issued by a governmental authority with photograph of the applicant. • A passport size photograph should measure 2 x 2 inches (5 x 5 inches), with casual attire, front and colored with white background. The photo must have been taken within the last six months.

VERY IMPORTANT: PLEASE SUBMIT ORIGINAL AND ONE COPY OF EACH OF THE DOCUMENTS.

The cost is $ 135.00 USD per case. By law, the passport fee is not refundable (we accept cash in U.S. dollars, Visa, MasterCard, Discover and American Express).

atte. lawyer Catarino Ibarra Almazan

please do not forget to accept the answer
Experto:  Lic. Catarino Ibarra Almazan escribió hace 6 año.

If only one parent is a citizen of the United States, provide evidence of the physical presence of the parent in the United States. Please provide sufficient proof of school, working papers, income tax forms (tax) of previous years, statements of social insurance (social security earning statements), or other evidence showing that the U.S. parent has lived in the United States.

 

atte. lawyer Catarino Ibarra Almazan

Cliente: escribió hace 6 año.
Volver a incluir en lista: Calidad de la respuesta.
La respuesta no tuvo mucho que ver con mi pregunta y solamente consistio en pegar requisitos para la ciudadania americana de un sitio web (que cualquier persona junta en 5 minutos). Justanswer no me esta permitiendo aceder al sitio en ingles con abogados americanos! Please tell me how to access the English-language site and experts -- I need an American lawyer to answer this question.