Paths to Reunite a U.S. Citizen Parent with a Mexican-Born Child

Every parent dreams of spending time with their child, especially when the child is born in a different country. If you are a U.S. citizen and your child was born in Mexico, understanding the proper steps is crucial. This guide will outline the legal pathways for reuniting the two of you as quickly as possible, highlighting the key factors and steps involved.

Understanding the Legal Framework

The United States government has strict immigration laws that govern how a U.S. citizen parent can bring their child to the country. It’s important to note that simply bringing any child from another country is not without legal obligations. The primary focus should be on citizenship status and potential residency requirements.

Key Considerations

Child's Citizenship Status: Is your son a U.S. citizen at birth? Parental Responsibilities: Can you prove paternity and support? Marital and Legal Status: Are there any legal ties that can be used to support the child's claim? Physical Presence: Have you met the necessary physical presence requirements?

U.S. Citizenship at Birth

If you were a U.S. citizen when your child was born, several conditions must be met for your son to be considered a U.S. citizen:

Date of Birth: After 1986 for children born in wedlock. Parental Citizenship: The other parent was a U.S. national at the time of birth. Physical Presence: You were physically present in the U.S. for a cumulative total of 5 years, including at least 2 years after turning 14.

If your son was born in wedlock and you meet these criteria, you can apply for a Child Reunification Travel Authorization (CRBA) and a U.S. passport for your son. This ensures he can travel freely to the United States.

Non-U.S. Citizen Status

If your son does not meet the criteria for citizenship at birth, the next step is to petition for his immigration to the U.S. This can be achieved by:

Filing Form I-130, Petition for Alien Relative. Completing the necessary documentation and following the instructions provided.

Once approved, your son would go through Consular Processing at a U.S. consulate in Mexico to obtain a U.S. immigrant visa. Upon entry into the U.S. with the immigrant visa, he would immediately become a U.S. permanent resident. Under 18 and living with a U.S. citizen parent, he would also automatically become a U.S. citizen.

Flying Your Child to the U.S.

If your son is a U.S. citizen, the fastest and simplest way to bring him to the U.S. is to get him on a plane and fly him home. As a U.S. citizen, your child has every right to enter the country. The only barrier to reuniting may be your own actions or inactions.

Seek Professional Guidance

Given the complexities involved, it’s highly recommended to consult with an immigration attorney. They can guide you through the process, provide detailed information, and ensure all necessary requirements are met. The process may vary depending on your state of residence and the form service center you need to send the application to.

Key Steps:

Fill out Form I-130. Gather all required documents. Submit the application to the appropriate service center. Follow up on the application status.

While the process can be daunting, rest assured that an experienced immigration attorney can simplify it for you. With the right assistance, you can ensure a smooth and quick transition for your child.

Conclusion

Reuniting with a child born in Mexico can be a complex but achievable process. Whether your child is already a U.S. citizen by birth or not, understanding and fulfilling the necessary requirements is crucial. Contacting an immigration attorney can provide the necessary guidance to successfully navigate this process.