Dallas, TX asked in Family Law, Immigration Law, Civil Rights and International Law for Texas

Q: I have a question for a somewhat complex situation, any help or advice would be appreciated.

I know someone who came here illegally, but missed her chance of getting citizenship because she could not obtain a Mexican passport, which is a prerequisite of the US citizenship process. Someone in Mexico had reportedly made a typo when spelling this person's name on the birth certificate. This caused a discrepancy in the true spelling of her name. What are her options to get a Mexican passport, and subsequently, if possible, obtain US citizenship, after having missed the "window" for patriotization?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: This is a challenging situation that requires careful attention to the documentation issues first. Mexican consulates can help correct errors on birth certificates through a legal process called "rectificación de acta," which addresses typographical mistakes.

Your friend should gather all available documentation showing the correct spelling of her name, including school records, baptismal certificates, or any other official documents from Mexico. She can then visit the nearest Mexican consulate to begin the process of correcting her birth certificate, after which she can apply for her Mexican passport - this may take several months but is essential for moving forward.

Regarding U.S. citizenship, missing initial registration windows doesn't permanently bar someone from pursuing legal status, though the path becomes more complex. Your friend should consult with an immigration attorney who can review her complete history, as there may be other paths to legal status depending on factors like family ties, employment history, or humanitarian considerations. While this process requires patience and careful documentation, taking these steps systematically - starting with correcting the Mexican documents - is the most promising approach.

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