QUESTION

As an American citizen living in Mexico, what is the process to make my future husband and children US citizens?

Asked on Aug 14th, 2012 on Immigration - California
More details to this question:
I am an American citizen but have lived in Mexico since age 5. I'm about to get married and would like to know what steps I have to take for my future husband to become a US resident. Is it an easy process or does a judgment have to be made? I have never worked in the US so I have no background. I've only gone on vacation there. I am 33 years old. How can my children also apply for citizenship?
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7 ANSWERS

You would need to petition for your husband's permanent residence status but if you reside in Mexico and will continue to do so, it will not be possible until such time as you decide to come back to the US and become domiciled in the US. As for your children, even if they are born in Mexico, you can register their birth with the US Embassy in Mexico and that will enable them to apply for US passports. They will automatically be US citizens because of the citizenship of their parent.
Answered on Sep 07th, 2012 at 2:25 PM

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Rebecca T White
You will need to file an immigration visa petition on behalf of your husband once you are married. You will want to plan to do so around your plans to return to the US, as there will be an affidavit of support requirement that you intend to live in the US. If you already have children you can contact the US consulate regarding registering them. The immigration service will review the validity of the marriage and your husband's admissibility (that he does not have any background issues that would bar him from entering the US). If I can be of further assistance please let me know.
Answered on Aug 17th, 2012 at 2:58 PM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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There are a couple issues here. For your husband: *Consulate Processing* Consulate Processing must be completed. This allows the petition to first be sent to the National Visa Center, and then the appropriate documents and package to go to the U.S. Consulate or Embassy. If done correctly, you will be able to enter as a Lawful Permanent Resident and will be in the U.S. in less than one year. Of course the time might be a bit less or more depending on the backlog of the U.S. Consulate or Embassy and whether or not a Waiver of Inadmissibility is needed. For your children: *Derivative Citizenship* In some cases, people are U.S. Citizens and do not know it. In this case, it is possible for us to file what is known as a Derivative Citizenship Petition. It is a petition that if approved, will give proof of U.S. Citizenship. There is a significant amount of evidence that would be required for this type of petition, but if done properly, there is a reasonable chance of success.
Answered on Aug 17th, 2012 at 2:58 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your children may already be citizens based upon your U.S. Citizenship. Once you are married, you can petition for your husband. He will most likely have to go through what is called "consular processing". I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options. He/she will also be able to advise you as to whether your children have already derived citizenship through you and how to obtain a certificate of citizenship and U.S. passport for them.
Answered on Aug 17th, 2012 at 2:58 PM

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You must be married to your husband first. Then, you will need to submit I-130 petitions for each family member. It will take about 9-12 months for the petitions to be processed before their immigrant visa interview will be scheduled at the US consulate in Juarez. Depending on your current income, you may also need a joint sponsor in order to meet the minimum income requirement. As soon as your children have entered the United States with their green cards, they will become US citizens automatically by law.
Answered on Aug 17th, 2012 at 2:57 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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You start by filing a family petition for them (I-130). It is filed in the country that you are living.
Answered on Aug 17th, 2012 at 2:57 PM

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The process for sponsoring a spouse and children as a US Citizen requires petitions to be filed with USCIS in the US. You should contact a US Immigration Attorney like me or another of your choice to set up a consultation to discuss the process, government filing fees, timelines, etc. in detail. Many US Immigration Attorneys such as myself are accustom to working with clients remotely.
Answered on Aug 15th, 2012 at 3:22 PM

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