Colombia/what to do
QUESTION: Hi all I am a U.S.: citizen that currently resides in Colombia and I have for the past 12 year I recently had a baby with my Colombian husband and i have been trying to take her to the states since she was born but the embassy has denied her a birth abroad due to the fact that I didn't live 2 yrs in the us after my 14 birthday and the tourist visa because apparently she does have enough ties to Colombia although i think that is not accurate due to the fact that my husband cannot travel with us so he will be staying and my dad my brother my aunts uncles cousins and my husbands family is here plus he and i both work her i just want to take my vacation and take my child to the us help what can i do can i appeal the deicing of the tourist visa if so how
ANSWER: I'm very sorry for your difficulties!
The U.S. Embassy is correct in it's decision, and unfortunately your child was born into a situation that will only allow Colombian nationality. I have never heard of any exceptions to this rule, and would think that you need to re-establish residency in the U.S. to apply for any permanent visas for your daughter that involve the U.S. Otherwise you are only left with the option of the tourist visa and establishing evidence of ties.
You cannot dispute the citizenship birth abroad, but you can apply for and dispute the negative results in a visa case, which is my only recommendation. You can visit the U.S. Embassy Bogota for a list of Attorneys who may be able to help you further with these processes.
Best of luck to you and your family...
---------- FOLLOW-UP ----------
QUESTION: how can i reastablish residency in the us? i cant leave my husband and child what should i do apply for recidency for my family ?
The first I would check is if your husband is eligible for a spouse visa to the US because you are a U.S. citizen who married in Colombia. If he is eligible, your daughter would be eligible for an accompanying minor visa. However your residency issue may cause a problem there also.
The process of a spouse visa, if you and your husband are eligible, is fairly painless and the application is made directly with the U.S. Embassy in Bogota. It would take about 6-9 months to complete.
If nothing works, the only way to re-establish your residency is to be separated. Not an easy thing to do, but some people are put in that position to fix what they didn't take the time to maintain previously.