# Getting passports for U.S. children of Mexican non citizens



## Mainecoons (Nov 25, 2010)

We are going to try and assist a local family in being able to get back together. The father has a greencard for over 10 years, is completely legal. The mother slipped across the border to have the kids, they have U.S. birth certificates. She still has no papers and cannot go to the U.S. The two boys are like 11 and 6.

On advice of immigration, we want to first get U.S. passports for the kids and a Mexican passport for her. The latter is pretty straightforward, we are trying now to determine if the former can be gotten through the American counsul in Guad.

Once we have those, my brother is going to walk the husband through the application process in the U.S. to get permission for the wife to be reunited with him.

I know this is pretty unusual but has anyone any idea at all if we will be able to get these kids passports here? Any idea who we can turn to for help with this?


----------



## Kimpatsu Hekigan (Sep 12, 2009)

Mainecoons said:


> ...has anyone any idea at all if we will be able to get these kids passports here? Any idea who we can turn to for help with this?


In Michoacan, at least, the US Embassy in Mexico has an outreach program for exactly this situation. It provides free bus tickets to visit the Embassy for Mexican parents who are not citizens of the U.S. to obtain US Passports for their minor children who were born in the States.

The Patzcuaro Municipal Government sent out a notice last December announcing this program. Regretfully, I don't have sufficient privileges on this board to post the link, but apparently as many as 40-50 parents and their kids took advantage of the program in December, and it was repeated in January.

So apparently it is not only possible, but encouraged. I'm not sure who to contact, but I would start with the US Consulate in Guadalajara.

Good luck,

-- K.H.


----------



## ReefHound (Aug 9, 2010)

A possible caveat. 

The 1996 Immigration Act provides for mandatory bars for illegal presence in the U.S., 3 yrs for six months or less, 10 yrs for more. The fact that she gave birth in the U.S. six years ago and 11 years ago could be considered prima facie evidence that she was illegally in the U.S. for more than six months. 

Getting the passports should be no problem but getting her a visa after that might not be so easy. When they get to this part I think they need more than a brother's guidance, they need to talk to a good immigration attorney.


----------



## conorkilleen (Apr 28, 2010)

ReefHound said:


> A possible caveat.
> 
> The 1996 Immigration Act provides for mandatory bars for illegal presence in the U.S., 3 yrs for six months or less, 10 yrs for more. The fact that she gave birth in the U.S. six years ago and 11 years ago could be considered prima facie evidence that she was illegally in the U.S. for more than six months.
> 
> Getting the passports should be no problem but getting her a visa after that might not be so easy. When they get to this part I think they need more than a brother's guidance, they need to talk to a good immigration attorney.


There are actually exemptions to that. Like if the person was illegally in the US for more than a year and then came back at their own will, but still have a spouse of children that are legal US citizens. However, it is by the sole discretion on the US Attorney General to decide if the situation will provide severe hardship to either party and therefor possibly granting the Visa to ensure family unity. There is a lot more to it than that. I would take reefhounds advice and talk to a GOOD immigration attorney. That is what I am doing because I have a similar situation.

Love is blind but the government is not.


----------



## ReefHound (Aug 9, 2010)

Just to clarify, there are no "exemptions" (which would imply the bars are not applicable) but you can apply for a hardship waiver. The bars are applicable to all illegal presence and are automatic, voluntary deportation included. Voluntary deportation simply allows you to apply immediately for the waiver versus a mandatory waiting period. From what I've heard qualifying for "hardship" takes a lot more than just "family unity".


----------



## conorkilleen (Apr 28, 2010)

ReefHound said:


> Just to clarify, there are no "exemptions" (which would imply the bars are not applicable) but you can apply for a hardship waiver. The bars are applicable to all illegal presence and are automatic, voluntary deportation included. Voluntary deportation simply allows you to apply immediately for the waiver versus a mandatory waiting period. From what I've heard qualifying for "hardship" takes a lot more than just "family unity".


you are correct on all point above. However, I am assuming what you "heard" about "hardships" and "family unity" was not from an immigration attorney. Anything is possible if you have the right help and the right situation. Like I said, It is solely up to the Attorney General to decide if you are in, or out. Having a lawyer, like myself, to help you through the red tape makes a world or difference.


----------



## mexliving (Mar 30, 2009)

before you make your way to the office in gdl, i would meet with the us.consulate people that come to ajijic or chapala once a month so that you will not have to wait in long lines.


----------



## ReefHound (Aug 9, 2010)

What I "heard" was a news article awhile back concerning a hardship case, where the reporter did some calling around to immigration officials and gave some stats on percentage of hardship cases approved (don't recall the number but it was very low) and some quotes from immigration officials on what they generally look for. I doubt the Attorney General personally evaluates applications...

You can google "extreme hardship waiver" and just about every immigration attorney website will tell you that the burden is high and that generally financial inconvenience and family separation are not in themselves sufficient to qualify. Furthermore , it is the U.S. citizen or permanent resident that must suffer the extreme hardship, not the immigrant.

I-601 gives a bit of guidance in the section on what documentation to submit. One of the items is info on the immigrant's family circumstances in their native country and another is how the citizen would suffer if forced to relocate there. So it would seem you have to not only show why you need to be together but why it must be in the U.S.

And I disagree that anything is possible, at least for the average citizen. Attorneys have no special privileges or connections. Even congressmen have reported not being able to get answers or results. There are barriers that are simply insurmountable. Committed a felony? Have a communicable disease? Forget about it. 

Anyway, I am not saying that it is impossible but just that the standard is very high. You have to make a powerful case demonstrating "extreme hardship" backed by solid evidence. It is going to take a lot more than a sob story of how much you love each other and miss each other. Without an attorney your chances are pretty low but even an attorney can't make a solid case out of nothing. An attorney isn't going to make false claims and manufacture evidence of phony medical conditions for you.


----------



## conorkilleen (Apr 28, 2010)

When there is children involved it's a little different. One US citizen child, one Mexican citizen child, Mexican citizen as the Mother of both and me,the father of the US citizen child and spouse of the Mexican mother. I have spoken to and hired a lawyer to help with the process. They have knowledge of the process and laws that will gives a better chance of success.

I find that you are being negative about this reefhound. The only positive advice you have given in this whole thread has been to hire a lawyer. You can read all the intent articles and google whatever you want however it is still not the same as having it from the horses mouth.....and yes, the Attorney General does not personally review the application, however the Attorney Generals office does. Unless you are a politician I don't think that you can directly speak to the actual AG.


----------



## conorkilleen (Apr 28, 2010)

Reef...truce. Just trying not to be such a Debbie Downer. With enough money and time anything is possible. You can't argue with that, right? We are being told that it could take about 5-6 years to make a good case. But that's fine with me. My relocation to Mexico will be for at least that.


----------



## ReefHound (Aug 9, 2010)

conorkilleen said:


> Reef...truce. Just trying not to be such a Debbie Downer. With enough money and time anything is possible. You can't argue with that, right? We are being told that it could take about 5-6 years to make a good case. But that's fine with me. My relocation to Mexico will be for at least that.


Truce.

You don't often get do overs with immigration. It needs to be right the first time. Which is why the one thing I know we agree on is the only thing relevant here - the OP needs to get a good immigration attorney and follow their advice, not mine or yours or anybody else's on a forum.


----------



## cscscs007 (Jan 8, 2011)

I have seen people do these themselves and achieve the same result as an attorney. You just need to double check and triple check everything to make sure you dont leave anything out.


----------



## conorkilleen (Apr 28, 2010)

cscscs007 said:


> I have seen people do these themselves and achieve the same result as an attorney. You just need to double check and triple check everything to make sure you dont leave anything out.


Same results as in negative or positive? Our attorney is a pretty well known one in the area for having results to the positive and I could not imagine not having a second "professional" set of eyes on the task. They will help you do it right the first time, however the first time may take a long time. In our case, more than 3 years but less than 10.


----------



## grm (Jul 9, 2007)

*hardship site*

you might want check this site out very informative about hardship.
immigrate2usdotnet


----------



## conorkilleen (Apr 28, 2010)

grm said:


> you might want check this site out very informative about hardship.
> immigrate2usdotnet


yup. the Hake scale is good to go by in general. The sad part is that even if you have 15 points you can be declined. My family would have just around 12. May take 5-6 years to approve. worst case 10.


----------



## grm (Jul 9, 2007)

conorkilleen said:


> yup. the Hake scale is good to go by in general. The sad part is that even if you have 15 points you can be declined. My family would have just around 12. May take 5-6 years to approve. worst case 10.


I have heart problems, phyco problems and other health problem no insurance only medicare. I don't think I would have any problems of getting statements from my doctors stating I need to stay in the states. It looks like i have to get my wife out of USA and work this out of Mexico, the only problem is I want to live in Mexico and she doesn't want to leave the States. I hope I can get her a visa just to visit the USA but it probably will be better to get her a permanent res card due to my age compared to hers plus we have a 2year old born in the States. I just wonder if the crime gets worse it that might help toward a hard ship case?


----------



## conorkilleen (Apr 28, 2010)

grm said:


> I have heart problems, phyco problems and other health problem no insurance only medicare. I don't think I would have any problems of getting statements from my doctors stating I need to stay in the states. It looks like i have to get my wife out of USA and work this out of Mexico, the only problem is I want to live in Mexico and she doesn't want to leave the States. I hope I can get her a visa just to visit the USA but it probably will be better to get her a permanent res card due to my age compared to hers plus we have a 2year old born in the States. I just wonder if the crime gets worse it that might help toward a hard ship case?


wow. that is scary similar to our case minus the health problem. even doen to the 2 year old. what is not working in our favor is that I can work in Mexico and dont need the US......so when we do need to move back (if ever) we will need to deal with that. I think we will be waiting the full 10 years because my fiance actually owns property in Puerto Escondito and we want to build a house. so right now the visa issue is plan B. Our US citizen daughter (2 yrs) can live in Mexico without issue just as long as we are together as a family. My company is willing to pay for American schooling in MTY. The children is what I worry about most. I'll be fine.


----------



## Ana H (Feb 24, 2011)

conorkilleen said:


> When there is children involved it's a little different. One US citizen child, one Mexican citizen child, Mexican citizen as the Mother of both and me,the father of the US citizen child and spouse of the Mexican mother. I have spoken to and hired a lawyer to help with the process. They have knowledge of the process and laws that will gives a better chance of success.
> 
> I find that you are being negative about this reefhound. The only positive advice you have given in this whole thread has been to hire a lawyer. You can read all the intent articles and google whatever you want however it is still not the same as having it from the horses mouth.....and yes, the Attorney General does not personally review the application, however the Attorney Generals office does. Unless you are a politician I don't think that you can directly speak to the actual AG.


no, he is very correct. her husband can file an I130 using DCF at the nearest U.S. embassy. after that is approved he will have to file a DS230 and an I864. if he does not meet the income requirements, he will have to have a cosponsor for her. They will have to go to CDJ for their appointment. Once her appointment is finished she will be told that she has a 3, 5, or 10 year ban. Depending on how long she was there each time she slipped over the border. If she was just there long enough to have a baby and come back each time, not overstaying that 6 month limit, she should be in the clear and not need a waiver. the trick is proving she came right back and did not stay over 6 months. If she did over stay the 6 months ONE time and slipped back into MX and then went back, she will have a lifetime ban with a chance to file a waiver after 10 years of residing outside the U.S. If she did not overstay the first time, can prove it and slipped back the second time only to have a baby and come back and can prove that. she may not need a waiver at all.

A waiver (I601) has to meet certain criteria. They have to prove that if she does not return, it will cause HIM hardship. it can be medical (strongest case) financial or a few other things. It isn't easy to prove hardship, and USCIS doesn't give one iota about her or the children's hardships at all. they have to be HIS. Having children does not change or make the whole procedure any easier and just because they have kids does not allow her any 'exemptions'. 




> I find that you are being negative about this reefhound.


no, he is being realistic. The attorney general does not even see the case. only if it is denied a few times will it go to the AG. the person who makes the ultimate decision is the adjudicator handling the case at CDJ or Warren Jansen at CDJ.


----------



## conorkilleen (Apr 28, 2010)

Having US citizen children do have a bearing. Not a whole lot, but its a piece to the puzzle....Almost equal parts as the US citizen spouse. This I know because its OUR situation, not the OP.

We are prepared to wait the 10 years if need be but are looking at the 5-6 year plan. After all, I am young, healthy, and can live/work in Mexico with no problem. That is the biggest drawback (to the issue at hand)


----------



## Ana H (Feb 24, 2011)

well, I live in Mexico, have filed the paperwork, and none of our 9 children have had any influence on the adjudicator or CDJ decisions. There are rules and laws they have to follow and they apply whether you have children or not. they really are not in business to keep the children with their father in the states, doesn't matter at all. this is why we need immigration reform. I have seen a lot of mothers and fathers denied entry into the US because of laws broken. my SIL has a lifetime ban for crossing the border EWI twice within a 5 year period and overstaying. he has small children, they DO NOT CARE! He broke the law! the children HAVE NO influence on their laws or decisions in any way. if someone has told you they have, perhaps you should contact CDJ for yourself. It is a real wake up call to think that the children will make a difference only to find out it really does not.


----------

