My brother in law was born in the USA and when hes was about 5 years old his parents decided to move to Mexico and he has lived there ever since. He is now 16 years old and would like to return to the US but has no identification card because in Mexico they won’t allow him to have an ID because he’s not a mexican citizen.
He has records of school, his original birth certificate and his social security card. Is that enough to be allowed entry into the USA by land or what does he need to be able to do so?
StephenWeinstein2019-09-26T04:25:01Z
He is supposed to take the documents to a U.S. embassy or consulate with his parents, apply for a passport, and enter the U.S. with the passport.
First of all, his parents are citizens of Mexico? Then they need to verify he is a Mexican citizen as he holds birthright citizenship in Mexico by birth to Mexican citizens. That establishes that he is & has been legally residing in Mexico, and is not an illegal alien.
Due to the very high incidence levels of child-identity theft, it is entirely possible that the birth certificate he has is not & never was his. So there will have to be investigation & verification of that birth certificate before he might be issued a US passport. If he was a genuine US-born citizen, his parents had to get him a US passport before leaving US as US citizens are required to enter/exit US only on US passport. Penalties apply for failure to do so. His parents got him into Mexico somehow, e.g. proving they were Mexican citizens bringing in their Mexican-citizen child.
It sounds simple: use US birth certificate to apply for US passport. It is not as simple as it sounds due to the child-identity theft issue and the lack of supporting documentation. Since he is a minor, both parents must attend him in person, with their proof they are his parents, for him to apply for a passport.
Also, as a minor child, he cannot travel internationally without his parents, nor can he live on his own. IF he can prove he is a genuine US-born citizen, and obtains a US passport, he can travel alone after he turns 18, when he will be old enough to work without restrictions under state child labor laws, legally sign contracts such as a lease to get a place to live, etc.