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How does a mexican national get a tourist visa?

How do I get citizenship for my 16 y.o. son, who is a Mexican citizen and entered the US on a tourist visa?

  • Does he have to get his Green Card first? Or can this step be avoided? For citizenship purposes, is it considered unlawful that he entered on a Tourist Visa? I know he can also go ...show more

  • Answer:

    He returns to Mexico and you make an application for him to legally go to the USA, or he can remain and he will never be legal, not the best start in his life for a young person and always illegal and looking over his shoulder until one day he is deported and banned, no right minded parent would do that to their child

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He has to go back to Mexico and apply to come here legally. I understand that makes things difficult but that is what happens when you ignore the law!

IceT

"I know he can also go back to Mexico and apply from the US Consulate there, but that would mean he staying by himself for the duration of the process, which is not the best for us." - NO, it doesn't mean that. It means you act like a parent and go with him. Seriously...(face palm). If you're a US citizen you should have included him on your naturalization application. If you're not a US citizen I wonder what makes your son eligible for US citizenship. Something's missing here.

Foofa

You give no facts so what's you're legal status in the US?

Julius Caesar

If I have to give 20 thumbs down then I give 20 thumbs down... Only Ed gave an answer which is worth a damn. Anyways you didn't tell what your own status is. If you're a US citizen, then you can just file for his adjustment of status (same way as one would file for their spouse), as long as it'd be filed before he'd turn 21 he will remain as an immediate relative, he will be able to adjust status in US. Since he arrived in US legally he will not require to depart US. If you're a permanent resident then there's two things that you can do: First of all file I-130 on his behalf if you haven't already. Now you play the waiting game. If the priority date in the F2A category gets current before he turns 18 and a half, he needs to leave US, and undergo consular processing abroad (in other words, leave US, go to mexico to a US consulate and pick up his immigrant visa to US). Or if in the meantime (before he turns 21) you naturalize he will be immediately upgraded to being an immediate relative and will be able to file for adjustment in US.

Nex

If he has overstayed his tourist visa he is in the country illegally and there is nothing you can do. He needs to go back and apply. The fact that it is not best for you makes no difference.

Jeffrey

if he overstayed his visa ,... problems has arisen... you don't give vthe grounds for getting a green card ..are you a US citizen

Paul

Hm, I think your best bet is to talk to an immigration lawyer. Have you contacted one?

Plankton

Contact the Southern Nationalist Party. You can reach them on facebook.

Nina

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