Immigration Issues/Son of a US citizen.


My tourist visa application was denied based on my past relationship with a US citizen that filed a fiancee petition for me and our son which I withdrew because I discovered he cheated on me.I was told that my son could be a US citizen and,because my current boyfriend is american too,there is nothing that would hold me back in Mexico and guarantee my return.I  didnīt even have the chance to show proves of my established life in Mexico (work and studies mine and my sonīs).
My son is not US citizen,his father doesnīt want to give it to him. I was told to apply for US citizenship for my son, and then to ask for a fiance visa with my current boyfriend. This canīt be done without my sonīs father cooperation.Thisīs the reason why I apply for tourist visa because I need to travel into US with my boyfriend during weekends and return to my son in Mexico. I canīt get the passport or permission to leave the country for my son without his fatherīs cooperation. What can I do if my son has
not the citizenship and his father had refuse to give it to him, I asked on the embassy and I was told that his father must sign and be agree other way there is nothing I can do.

Dear Mercedes:
To answer your query it is very important to know the details, including - child's age, presence of father at the time of birth of the child, etc.

However, if the father is not willing to cooperate - you may get the fiancee visa processed through your current boyfriend [after getting engaged] and your son may come with you as dependent; also, you may get married with your current BF and both you and your son [if under 18 years] can get processed for the GC within 6/8 months.  

There may be other options available to your son; I would recommend that you consult with an experienced immigration attorney on the matter. You may contact us - via email or telephone, and we will be more than happy to assist you.

Best wishes,  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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