About E. S. Expertise I can answer anything that there is to know about being Latino the in the United States. I can also answer questions regarding immigration and emigration to/from the United States.
Experience I am first generation Mexican-American, born and raised in Southern California.
Education/Credentials Bachelors degree in Latin-American Studies and Spanish.
Latino Culture - U.S. Born Citizen of Mexican Decent Denied Passport
Expert: E. S. - 5/28/2008
Question I apologize for this being a very wordy, but I need help.
My name is Imelda. I have applied for a U.S. passport fourteen months ago and my application has been denied from the Miami Passport Agency. I need assistance in obtaining a U.S. Passport.
I was born in Texas in 1975 and my birth certificate indicates the assistance of a mid wife, not a hospital. My birth certificate is not delayed, however, the Miami Passport Agency is insinuating that I was born in Mexico and that my mother illegally paid off a Texas mid wife to sign papers indicating a U.S. birth. That is not true, however, they are requesting documentation proving that my mother was truly in the United States when I was born. Other than all the documentation submitted below (which has been denied by the passport agency) there is nothing else I can provide to prove my mother was in the United States 33 years ago.
My father obtained his U.S. Citizenship in 1961, fourteen years prior to my birth. My mother was not a U.S. Citizen at that time, but she obtained her permanent stay in 1989. My parents married each other in Texas in 1976, one year after my birth, and have been married for over 30 years now. I am the oldest of seven children, including a younger brother who obtained his U.S. passport very easily three years ago because he was born at Tampa General Hospital. No mid wife was involved in his birth.
The following documentation has been submitted to the passport agency and denied:
- Passport Application Filled Out Completely
- Original Birth Certificate 9/16/75
- Certified Copy of Birth Certificate
- Birth Affidavit from Father Signed & Notarized
- Father’s Citizenship Papers from 1961
- Father’s Registration with Selective Service 1969
- Birth Affidavit and Journal from Mid Wife Signed & Notarized
- Catholic Baptism Certificate
- Catholic Confirmation Certificate
- Copy of Driver License
- Copy of Voter Registration
- Copy of Social Security Card
- Recent Newspaper Article with Picture indicating promotion at work
- School Records Indicating Shots Taken from Age of 2 Months
- My July 27, 2008 Florida marriage license to another U.S. Citizen.
Other documents that can be obtained if needed:
- Parents’ Texas Marriage License from 1976 (one year after my birth)
- Mother’s Permanent U.S. Visa from 1989
- Birth Certificates of all Siblings (they’re all younger)
- Testimonials from family members witnessing my mother in the U.S. at the time of my birth.
Listed below are the Miami Passport Office’s reasons for denying all submitted documentation:
- Passport Agency not accepting birth certificates that indicate a mid wife assisting in a birth in Texas, if applicant is of Mexican Decent
- Passport Agency not accepting birth affidavit from the mid wife saying she has been known to falsify information (mid wife says she has been investigated along with all other mid wives in Texas and no fraud found with her business)
- Passport Agency not accepting birth affidavit from Father (even though he was present at birth and had his U.S. Citizenship since 1961)
- Passport Agency will only accept pre-natal & post-natal care, rents, mortgages, pay stubs, W2 Forms from September 1975 from mother to show that my mother was in U.S. at time of my birth OR birth certificates of older siblings. My mother did not work in 1975 & she was a Mexican Citizen at that time. My mother lived at the home of my father’s parents, rent free, in San Benito Texas (My Father’s Parents are U.S. Citizens also), No records of pre-natal & post natal care can be found from 1975, and all my siblings are younger. - Passport Agency has rejected everything sent and not willing to offer any other recommendations of documents that can be obtained to approve and Process the Passport.
- Passport was originally applied for April 24th, 2007. Calling 800# is nothing more than a run around with people who cannot access my file or give any helpful information.
- The Only Contact I had at the passport agency was a young lady in charge my file. I was able to get in contact with her through the assistance of local congressman, Vern Buchanan’s office. However, the lady I spoke with had no authority and had to follow supervisor instructions with no exceptions, and she was not authorized to get other people involved
We have a friend who is an immigration lawyer and he reviewed my information and offered to help, but he cannot get an answer from homeland security about why my birth certificate is being denied, especially since it is not a delayed birth certificate. My birth certificate is legitimate and real and was filed one day after my birth.
I need a passport so my husband and I can go on cruises and visit Europe & Asia in the future. I am a U.S. born citizen and I am entitled to a passport, but obviously I need assistance from outside the Miami Passport Agency.
I really appreciate your time and look forward to hearing from you with any assistance you can provide.
Thank you,
You can email me at beachbumdave@tampabay.rr.com
Answer I'm sorry for all the trouble you are having. It is against the law that they assume that your mother paid off the Texas midwife without proof. You need to find out how they came to the decision and the only way that can happen is in court. Your best bet is to file a lawsuit. A good lawyer will be able to get that going. Also, write to your senator and congressman and get them involved.
