Corona, CA asked in Immigration Law for California

Q: Where can I get immigration advice?

My husband is not a US citizen when his mother did his green card information the birthdate does not match his Mexican birth certificate. He has a social and ID and we pay taxes and own a home. I am a US citizen and we have been married since 2003. Now that the real ID will be a requirement that poses a problem. All of his siblings were born here in CA except for him. His mother is a Mexican citizen but his father is a US citizen. He was born in Mexico because his mother had to go back home to take care of a family member. He has been in the US since he was 3 years old. Wouldn’t this make him a dual citizen since one parent is Mexican and one is American?

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3 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: More information is needed. We need to know more about his father.

In addition, he is subject to the law before the Child Citizenship Protection Act, since he was over 18 years old at the time of enactment. He may have other issues that can create complications, perhaps, deportation. I strongly recommend that he seek an appointment or teleconference with a competent and experienced immigration attorney before the situation gets more confusing.

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: Let me clarify. We should know old your husband was on February 27, 2001 according to the USCIS records and his birth records. If he was under 18 years old, then this 'may' help, but there is confusion that requires discussion and review.

Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Your husband may be a citizen through his father, or

he can file for citizenship with his current green card, or

he can adjust status through you.

If your husband is a USC through his father, he is not eligible for the second and third option.

Consult with an experienced immigration attorney to discuss the options.

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