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I am a U.S citizen at birth. My son was born in Mexico. What is the fastest way to get get here in the U.S. with me? He is 5 years old. Is there an application other than the 1 i130 which I have already started and was currently received. What other options do I have?
2 ANSWERS
Your son, while born in Mexico, nonetheless already may be a U.S. citizen by virtue of his birth to a U.S. citizen parent. If that is so, then it would be a mistake to file a Form I-130 Application for Relative Alien, and instead it may be appropriate to seek a Certificate of Citizenship and a U.S. passport. There really is no substitute for engaging an immigration attorney who, after learning all of the relevant facts, would be able to advise you about eligibilities, options and strategies and would be able to provide legal representation to your family to achieve your and your son's goals. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Aug 04th, 2015 at 9:50 AM
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Most likely, your son is a U.S. citizen by birth. Your attorney will look at whether you were married to the boy's mother at the time of his birth (if not, there are certain legal acts you will have to do to "legitimize" your son) and whether you lived in the U.S. for at least 5 years before your son was born (2 of which have to be after your 14th birthday). If you can satisfy these requirements, you don't need Form I-130: your son is a U.S. citizen; he does not need a green card, he needs a certificate of citizenship (application form N-600) and a passport.
Answered on Aug 04th, 2015 at 4:18 AM