US citizen from parents, no proof of citizenship. Can I reenter the US from Mexico?
I used to be a permanent resident, but my green card expired in 2013. I filed form N-400, paid my fee, and was able to get an appointment for biometrics and a USCIS exam within that same year. On the day of my appointment, I was told by the officer that I was already a citizen; deriving US citizenship from my father (a US citizen) in accordance with section 320. I was told that I needed to file an N-600 to get a citizen certificate instead.
However, I never followed up on that. I've been holding off because that application would have cost me another fee. The problem is, now I need to travel to Mexico but I have no proof of my US citizenship. I have my expired permanent resident card and a paper that was given to me on the day of my appointment stating the withdrawal of my application since I was already a US citizen.
My question is: On re-entry to the US (Tijuana -> San Ysidro), would the border patrol people let me back into the US? Are they able to look up that I am a US citizen? I need to travel in the next 3 weeks, so it's kind of an emergency for me.
Best Answer
You don't need to cross any borders from Tijuana to Acapulco, so obviously you can travel without a passport. Assuming that you're already in Mexico (because as jpatokal says, you cannot enter the country without a passport, but if you're already in the country, you're past that), your best bet is going to the nearest American embassy/consulate and clarify your situation. They won't let you cross into the US soil without an official travel document. If it's extremely urgent, call them right away to ask about the fastest way to resolve the situation. I believe they'll provide you with a temporary document to be able to cross the border, then you'll handle the rest (such as applying for a new passport) once you're in the US.
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What does a U.S. citizen need to reenter the US?
All travelers entering the United States from all other countries need a passport upon arrival (regardless of their country of citizenship). Permanent residents and foreign nationals may also need a U.S. visa. You must apply for a visa before you start your trip.Can I enter the US from Mexico with a birth certificate?
U.S. citizens under age 16 may present a birth certificate or alternative proof of citizenship when entering by land or sea. All travelers must have a passport book for international air travel. Please note that hospital-issued birth certificates, voter registration cards, and affidavits cannot be used.Can a person whose parents are not U.S. citizens become a U.S. if they are born in the United States?
Under the 14th Amendment's Naturalization Clause and the Supreme Court case of United States v. Wong Kim Ark, 169 US. 649, anyone born on U.S. soil and subject to its jurisdiction is a natural born citizen, regardless of parental citizenship. This type of citizenship is referred to as birthright citizenship.Can I go to Mexico and come back with a birth certificate at the age of 16?
U.S. citizen children under the age of 16 (or under 19, if traveling with a school, religious, or other youth group) must present a valid passport, birth certificate or other proof of citizenship. The birth certificate can be original, a photocopy, or a certified copy.How can my child derive US citizenship?
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Answer 2
It's not mandatory that you file N-600 to apply for a Certificate of Citizenship. A U.S. passport is what you need now and is much cheaper and faster to get than a Certificate of Citizenship (N-600 takes several hundred dollars and several months. A passport takes less than a hundred dollars and at most a few weeks; if you need it really quickly, you can apply for it directly at a passport agency.) A U.S. citizen is legally supposed to have a U.S. passport to leave or enter the U.S. anyway. So what you should do is get a U.S. passport before you leave.
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