If my Mexican girlfriend gave birth to our son 1 1/2 years ago in Mexico but she only has a work visa, how do I go about getting both of them a visa to travel to the US on a regular basis?

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If my Mexican girlfriend gave birth to our son 1 1/2 years ago in Mexico but she only has a work visa, how do I go about getting both of them a visa to travel to the US on a regular basis?

And the same fome to go to Mexico. I am a 41 year old US citizen. No one is listed as the father on the birth certificate. Also, can my son get dual citizenship in US and Mexico and if so can his mother do the same?

Asked on December 13, 2012 under Immigration Law, North Carolina

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The son can get a dependent work visa as the child of the mother if she has a work visa.  In order or you to petition for them, your name has to be on the birth certificate as the child's father.  If it is, then it is possible for you to get the child US citizenship through the US Embassy in Mexico.  For the mother, in order for her to get any status on the basis of your relationship to her, you must be married AND then petition for her immigrant visa/green card on the basis of the marriage.  She does not get any immediate benefits just because she gave birth to your child.


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