Legal Question in Immigration Law in California

My wife was born in Mexico while her mom was on vacation. My wife has lived in the US all her life has attended and graduated from school here in the US. She has a legal social security card issued to her and a legal drivers license. The issue is this after we were married she wanted to get a drivers license with her name change on it and upon being asked were she was born and finding out she was born in Mexico they ask for some prof of citizenship. The problem is we have nothing her birth certificate is very damaged and not sure how to replace it being its from Mexico and we have no copy of any naturalization papers from her mother but supposedly there was some sort of naturalization done we are at a lost of what to do we have asked for information from the immigration but have never received any information on what to do or what actions to take please help.


Asked on 7/21/10, 7:55 pm

2 Answers from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

It is possible that she would qualify for what is known as 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. Please contact me for more information.

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Answered on 7/22/10, 8:08 am
Luba Smal Smal Immigration Law Office

If at the time of her birth her mother was a USA citizen, it could have made her a US citizen by birth, too. Her mother should have registered her birth with the US embassy or consulate in Mexico before returning to USA from her vacation. Does she have a Consular Report of Birth? Was her mother a US citizen? What about her father?

If she has only Mexican birth certificate, it is not a proof of her USA citizenship.

You shall consult a lawyer who will interview your wife and review her documents.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at Attorney @ law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

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Answered on 7/22/10, 8:32 am


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