USC parent abandons own kids overseas

[Ben & Katy 168]

All,

 

I have a question to ask that has been rattled around within the circle of my in-laws for sometime now.  

 

My wife who is now here with me on a CR1 has two nephews in Mexico.   Her sister in Mexico has two nephews that were born in Mexico from a USC father.  The daughter carries the fathers last name who was born in 2000 and the son was born in 2004 and doesn't carry the fathers name because that is when the father decided to abandon the kids and run away to the USA.  

 

During the entire marriage that my sister in law was married to the guy they lived in Mexico.  So he never applied for a GC for her since their intention was to be in Mexico long term.  

 

My question is; the daughter is turning 18 in June who carries the fathers last name and the son is turning 14 in August.  Is there anyway that they can obtain their US passports even though the father ran away to Phoenix and abandoned them?  The family of the father has no contact with my spouses family.  

 

My father in law said that a lawyer in Mexico informed him that once the daughter turns 18 in June her only option is to get a tourist visa.  Is this true?  

 

All that my in laws want is for them to have their US passports so they can either study in the US if they choose to or just to visit.  

[EM_Vandaveer 2,408]

Do they have proof of US citizenship? Such as CRBAs? 

[Unlockable 7,314]

2 hours ago, Ben & Katy said:

All,

 

I have a question to ask that has been rattled around within the circle of my in-laws for sometime now.  

 

My wife who is now here with me on a CR1 has two nephews in Mexico.   Her sister in Mexico has two nephews that were born in Mexico from a USC father.  The daughter carries the fathers last name who was born in 2000 and the son was born in 2004 and doesn't carry the fathers name because that is when the father decided to abandon the kids and run away to the USA.  

 

During the entire marriage that my sister in law was married to the guy they lived in Mexico.  So he never applied for a GC for her since their intention was to be in Mexico long term.  

 

My question is; the daughter is turning 18 in June who carries the fathers last name and the son is turning 14 in August.  Is there anyway that they can obtain their US passports even though the father ran away to Phoenix and abandoned them?  The family of the father has no contact with my spouses family.  

 

My father in law said that a lawyer in Mexico informed him that once the daughter turns 18 in June her only option is to get a tourist visa.  Is this true?  

 

All that my in laws want is for them to have their US passports so they can either study in the US if they choose to or just to visit.  

When a US citizen has a child in another country, there are steps that need to be taken to report the birth to the US gov so that citizenship can be established. It isn't a simple case of just filing for a passport. 

 

Unfortunately, there are certain restrictions that the parent must abide buy that the parent may have missed. In fact, it doesn't sound like the father did anything to pass on citizenship to the children. 

 

Check out the note section of the CRBA process...

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

 

Quote

 

If you are a U.S. citizen and have a child overseas, you should report his or her birth as soon as possible so that a Consular Report of Birth Abroad can be issued as an official record of the child's claim to U.S. citizenship. Report the birth of your child abroad at the nearest U.S. embassy or consulate.  Check the American Citizens Services portion of the webpage for the nearest Embassy or Consulate in the country where your child was born for further instructions about how to apply for a CRBA.  Please note:

• A Consular Report of Birth Abroad of a U.S. citizen is only issued to a child who acquired U.S. citizenship at birth and who is generally under the age of 18 at the time of the application.
• The U.S. embassy or consulate will provide one original copy of an eligible child’s Consular Report of Birth Abroad of a U.S. Citizen.
• A more secure Consular Report of Birth Abroad of a U.S. Citizen was introduced in January 2011. This new CRBA has been updated with a variety of state of the art security features, and is printed centrally in the United States. U.S. embassies and consulates no longer print CRBAs locally, but you still must apply there. The central production was initiated to ensure uniform quality and reduce vulnerability to fraud. The previous version of the CRBA continues to be valid proof of U.S. citizenship.
• You may replace, amend or request multiple copies of a Consular Report of Birth Abroad of a U.S. Citizen at any time.
• Persons who acquired U.S. citizenship or U.S. nationality at birth in one of the following current or former territories or outlying possessions of the United States during relevant time periods are not eligible for a Consular Report of Birth Abroad of a U.S. Citizen because such persons are not considered to have been born abroad. Individuals born in these locations during the relevant times may establish acquisition of U.S. citizenship or non-citizen nationality, based upon the applicable agreement or statute, by producing their birth certificate issued from the local Vital Records Office along with any other evidence required to establish acquisition:
  •     Puerto Rico
  •     U.S. Virgin Islands American Samoa
  •     Guam
  •     Swains Island
  •     The Panama Canal Zone before October 1, 1979
  •     The Commonwealth of the Northern Mariana Islands after January 8, 1978 (8PM EST)
  •     The Philippines before July 4, 1946

 

There are some things that may limit the children's ability to get a US passport, like the oldest turning 18. Still, the father will likely be needed if the children wants to immigrate to the US.

 

[Ben & Katy 168]

2 hours ago, NuestraUnion said:

When a US citizen has a child in another country, there are steps that need to be taken to report the birth to the US gov so that citizenship can be established. It isn't a simple case of just filing for a passport. 

 

Unfortunately, there are certain restrictions that the parent must abide buy that the parent may have missed. In fact, it doesn't sound like the father did anything to pass on citizenship to the children. 

  

Check out the note section of the CRBA process...

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

 

There are some things that may limit the children's ability to get a US passport, like the oldest turning 18. Still, the father will likely be needed if the children wants to immigrate to the US.

 

The father did not try at all to report consular birth abroad.  I am wondering if there is a way for them to do it without the father since he took off and hid from his obligations? 

4 hours ago, EM_Vandaveer said:

Do they have proof of US citizenship? Such as CRBAs? 

What is a CRBA?

[Unlockable 7,314]

4 minutes ago, Ben & Katy said:

What is a CRBA?

Consular Report of Birth Abroad. It is in the official link I provided for you.

[EM_Vandaveer 2,408]

CRBA is Consular Report of Birth Abroad. I don't think the father can be forced to file for it and his co-operation is necessary since documents are needed to prove the father has spent enough time in the US prior to the child's birth. Also, if not married to the mother of the child then the requirements state that he needs to have agreed in writing to support the child.

[carmel34 3,623]

1 hour ago, Ben & Katy said:

I am wondering if there is a way for them to do it without the father since he took off and hid from his obligations? 

Nope.  The USC father would have to provide documentation of his US citizenship and eligibility to pass on US citizenship to the children.  Without his cooperation and those documents you have no way to prove that the two kids were born as US citizens outside the US.  

[Ben & Katy 168]

18 hours ago, EM_Vandaveer said:

CRBA is Consular Report of Birth Abroad. I don't think the father can be forced to file for it and his co-operation is necessary since documents are needed to prove the father has spent enough time in the US prior to the child's birth. Also, if not married to the mother of the child then the requirements state that he needs to have agreed in writing to support the child.

At the time of birth of the two kids he was married to my sister in law.  From what I was told my sister in law went to court in Mexico for the child support and unfortunately he dodged giving any child support to the two kids.  His family paid off the judges to avoid child support.  Then he dipped to the USA.  

[EM_Vandaveer 2,408]

10 minutes ago, Ben & Katy said:

At the time of birth of the two kids he was married to my sister in law.  From what I was told my sister in law went to court in Mexico for the child support and unfortunately he dodged giving any child support to the two kids.  His family paid off the judges to avoid child support.  Then he dipped to the USA.  

Like I said, most likely no way of getting CRBAs without the father's co-operation. 

[Ben & Katy 168]

22 hours ago, EM_Vandaveer said:

CRBA is Consular Report of Birth Abroad. I don't think the father can be forced to file for it and his co-operation is necessary since documents are needed to prove the father has spent enough time in the US prior to the child's birth. Also, if not married to the mother of the child then the requirements state that he needs to have agreed in writing to support the child.

Last question not completely related;

 

Is there anyway to have child support enforced in this type of case? With the USC father living in the USA and the kids living in Mexico?  I am speaking more in the case of the younger 13 year old boy since the older girl is turning 18 soon.  International Child Support Enforcement?

[EM_Vandaveer 2,408]

8 minutes ago, Ben & Katy said:

Last question not completely related;

 

Is there anyway to have child support enforced in this type of case? With the USC father living in the USA and the kids living in Mexico?  I am speaking more in the case of the younger 13 year old boy since the older girl is turning 18 soon.  International Child Support Enforcement?

realistically? Not to my knowledge, no. But maybe others have some ideas.

[Going through 5,671]

16 hours ago, Ben & Katy said:

Last question not completely related;

 

Is there anyway to have child support enforced in this type of case? With the USC father living in the USA and the kids living in Mexico?  I am speaking more in the case of the younger 13 year old boy since the older girl is turning 18 soon.  International Child Support Enforcement?

Do they have any idea where the father is living in the USA?  Where he works?  The mother could try to sue him for child support, but she'd need to consult a family lawyer in Mexico, and they'd need to locate him to do so.

[Unlockable 7,314]

16 hours ago, Ben & Katy said:

Last question not completely related;

 

Is there anyway to have child support enforced in this type of case? With the USC father living in the USA and the kids living in Mexico?  I am speaking more in the case of the younger 13 year old boy since the older girl is turning 18 soon.  International Child Support Enforcement?

Actually, there may be a way. The mother should seek consul to assist on filing child support on the father in the US. If she knows where the father is located, she can file in that jurisdiction. Just because he is in the US does not mean he is absolved of child support. He can still be sued for CS even if the child is in another country. The hard part is to locate where he is.

[Ben & Katy 168]

2 hours ago, NuestraUnion said:

Actually, there may be a way. The mother should seek consul to assist on filing child support on the father in the US. If she knows where the father is located, she can file in that jurisdiction. Just because he is in the US does not mean he is absolved of child support. He can still be sued for CS even if the child is in another country. The hard part is to locate where he is.

Supposedly he is either in Maricopa County, Phoenix area or Santa Cruz County, Nogales,AZ area.  My spouse still has the father's sister on social media.  His sister was best friends with my spouse before this fallout happened.   I was talking to my wife last night and it sounds like her sister just doesn't want to bother with it anymore.  Because in the end she would have to do the leg work to get this started.  Its not something that any of us could take initiative on.  

[Boiler 45,470]

25 minutes ago, Ben & Katy said:

Supposedly he is either in Maricopa County, Phoenix area or Santa Cruz County, Nogales,AZ area.  My spouse still has the father's sister on social media.  His sister was best friends with my spouse before this fallout happened.   I was talking to my wife last night and it sounds like her sister just doesn't want to bother with it anymore.  Because in the end she would have to do the leg work to get this started.  Its not something that any of us could take initiative on.  

Was the Father born in the US? Sounds to me like he may have acquired US Citizenship and may not be eligible to pass on Citizenship anyway. Do you have nay information when he became a Citizen, how old he was?

 

Usually for child support you get a local order and then seek to enforce it in the US. I doubt a US court would have jurisdiction.