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Old 07-24-2008, 08:10 AM
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Default citizen or not a citizen

My wife of 3 months has a very frustrating problem. In short, she is 40 something, in the National Guard, 18 months in Iraq, served in the U.S. Navy before that has lived 13+ years in Boston, married twice before to US citizens. Parents were both born in Mexico, sold the farm and moved to US. the middle of 7 children all born in US hospitals.
While applying for a passport, it was discovered that her birth certificate had been falsified. She was actually born in Mexico during a weekend trip for banking business by her parents and a midwife just across the border from Eagle Pass, TX completed the paper work to show Eagle Pass as the place of birth.
My wife is very upset to know that she was not born in the US and we want to know what to do next. She has served her country and is proud to be an American and a US soldier due to be deployed later this year and planning to retire from military in another few years. Could this all go diown the tubes?

thank you for any help
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Old 07-24-2008, 11:26 AM
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Quote:
Originally Posted by texasrusty View Post
My wife of 3 months has a very frustrating problem. In short, she is 40 something, in the National Guard, 18 months in Iraq, served in the U.S. Navy before that has lived 13+ years in Boston, married twice before to US citizens. Parents were both born in Mexico, sold the farm and moved to US. the middle of 7 children all born in US hospitals.
While applying for a passport, it was discovered that her birth certificate had been falsified. She was actually born in Mexico during a weekend trip for banking business by her parents and a midwife just across the border from Eagle Pass, TX completed the paper work to show Eagle Pass as the place of birth.
My wife is very upset to know that she was not born in the US and we want to know what to do next. She has served her country and is proud to be an American and a US soldier due to be deployed later this year and planning to retire from military in another few years. Could this all go diown the tubes?

thank you for any help

Maybe I don't understand the problem. Your wife has gone through extensive legal processes ( marriages, divorces, births, military service, etc) and has never had her citizenship questioned. Is there a reason to believe it would be challenged now? I mean, what proof do you have that it was falsified, and even if it was, who would challenge it? I mean, I am not a proponent of 'dont ask, dont tell'----but if the legitimacy of it hasnt been challenged all this time, who would challenge it now? Also, you said her siblings were all born here--were here parents citizens of the US at the time? If so, that would make her a US citizen, regardless of the exact location of the birth.

If it troubles you greatly, contact a local attorney who does immigration law and ask for a free or low cost consultation. Perhaps he/she can set your mind at ease.

Good luck.
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Old 07-24-2008, 11:37 AM
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It was the passport office that discovered the falsification. They won't process a passport to someone who is not a citizen and her drivers license, social security card, military identification etc. was all done pre 911 so the requirements were not as strict. We are looking for the best way to resolve the situation and it sounds like a lawyer is the best route. Her parents were not citizens at the time but are now. It is not just a don't ask don't tell situation because the passport office wants to "get" the woman who falsified the documents at the time. Seems that she did it quite often and for persons with no legal ties to the US.
thanks for your input.
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Old 07-25-2008, 05:56 PM
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Quote:
Originally Posted by texasrusty View Post
It was the passport office that discovered the falsification. They won't process a passport to someone who is not a citizen and her drivers license, social security card, military identification etc. was all done pre 911 so the requirements were not as strict. We are looking for the best way to resolve the situation and it sounds like a lawyer is the best route. Her parents were not citizens at the time but are now. It is not just a don't ask don't tell situation because the passport office wants to "get" the woman who falsified the documents at the time. Seems that she did it quite often and for persons with no legal ties to the US.
thanks for your input.
I don't see as how your wife could be culpable in all of this---and I understand their desire to 'get' the woman who committed the fraud, but I cannot imagine them doing so at the peril of your wife and family.

A good immigration law attorney is a MUST in this case---Good luck.
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