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Mexican Law/Deported Illegally and regaining legal status

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Question
QUESTION: I lived in Mexico for 3 years with FM2 Status Married to a Mexican Wife and have a Mexican Son. My wife left me and took my son, while I was fighting for custody of my son because she left the Country with my son without my permission, a Federal Crime the Immigration office would not renew my FM2 saying that I was separated from my wife. My son only had Civil Registration as he was born in U.S.A. but Civil Registration because my wife is Mexican.

I did not agree with the outcome by immigration so I appealed and then lost the appeal and filed an Amparo. The day before the Amparo was denied, I was taken into immigration which did not let me make but one phone call a day and I could not come up with Certified copy of my sons Civil Registration in 10 days, and they deported me on the 15th day without me signing anything or letting me appeal.

I believe that I was deported illegally, as they knew I had an Amparo pending when taken into immigration custody, and they said I must prove to them. And then they would not let me appeal the deportation order, and I did not sign anything.

So my question is: Was I deported illegally? And, what do I need to do to be able to legally come back to Mexico? They said I need to obtain permission but that I could be mandated to wait 5 years.

I have a Mexican Son, and fighting in the court for his custody as my wife illegally took him out of the country without my permission which is incontra to potria potista and I am supposed to get 100% custody when proven. So I need to go back but legally.

I thank you in advance for your assistance. Please cite any laws that can help me.

ANSWER: Dear Jon,

It is impossible to say if you were deported illegally without reviewing your entire case file. I would ask the nearest Mexican Consulate if you can return as a tourist to continue the legal process. If that is denied, another Amparo might be in order. Feel free to email me.

Regards,

Lic. John Lee Ward
Córdoba, Veracruz
johnleeward@buholegal.com


---------- FOLLOW-UP ----------

QUESTION: How would I go about getting a certified copy of the deportation order and documents since they did not give me anything and I am deported to the U.S.A.?

I was deported from Cancun International Airport Terminal #3 Immigration Office.

Can anyone obtain the certified documents for me? Or do I have to hire an attorney?

I thank you in advance for your response.

Answer
Dear Jon,

You go to the site, www.infomex.org.mx and initiate an information request. (Similar to the US Freedom of Information Act.) The government entity to select is: Secretaria de Relaciones Exteriores. You will need to put enough information in the request so that they can locate the record. You can ask for a certified copy.

If all goes well, within 3 weeks you will get a response informing of the cost (something nominal) and where you can pick up the certified copies. You will need to give someone a power of attorney to pick up the order for you.

As for the Amparo, if you send me an email with your full name, I can search for it. (johnleeward@buholegal.com)

Regards,

John

Mexican Law

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John Lee Ward

Expertise

I can respond to any question related to Mexican Law and common business practices in Mexico. I can also compare and contrast between the American and Mexican legal systems.

Experience

Licenciatura en Derecho from the Universidad del Golfo en Cordoba, Veracruz. (Cedula Profesional No. 5713238) Maestria en Derecho from the Universidad de Cristobal Colon en Veracruz, Veracruz. (Cedula Professional No. 6358321) Currently a Candidate for a Doctorado en Derecho from the Universidad de Cristobal Colon. 5 years of litigation experience in Mexico.

Education/Credentials
Bachelors in Electronic Engineering, California Polytechnic State Univ. Juris Doctor, Concord University in Los Angeles Licenciatura en Derecho, Universidad del Golfo, Mexico Maestria en Derecho, Universidad de Cristobal Colon, Mexico Doctorado en Derecho (In Progress), Universidad de Cristobal Colon, Mexico

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