BajaNomad

Dual Citizenship

briantroy - 9-5-2010 at 11:34 PM

I was hoping to get some help on a unique problem, so any advice is appreciated. My father was born in Ciudad Juarez and moved to Texas with his mother when he was ten years old. Four years later his mother remarried a USA citizen and he was subsequently adopted by that man. My father went before a judge in El Paso and was asked if he wanted to keep Santana as a last name or change it to Weiner (his adopted father’s name). My father chose to change his name and this is the problem.

I know Santana is a way cooler name than Weiner, I have heard all the jokes and mispronunciations, but when Dad and I went to get Mexican passports we ran into a problem. The Mexican consulate was ready to issue my father a passport based on the proof he presented. But, they would only issue it under the name of Mario Santana. Because we bought property in Mexico, we thought it would be a good idea if I too had a passport (I understand they grant it only to first generation children born outside of Mexico) so I could take ownership should anything happen. As a result, we had to go with a fidecomiso because the paperwork couldn’t get straightened out in time.

So, does anyone have any idea how to go about changing things so that Dad can prove he is both Mario Santana and Mario Weiner and that I am his son? We would need passports, which I assume is citizenship of some kind, in order to take full ownership of the property. Any and all help is appreciated.

[Edited on 9-6-2010 by briantroy]

bajamigo - 9-6-2010 at 08:10 AM

This sounds complicated and important enough to get a good lawyer.

monoloco - 9-6-2010 at 12:41 PM

Quote:
Originally posted by bajamigo
This sounds complicated and important enough to get a good lawyer.
Now there's an oxymarooon.

irenemm - 9-6-2010 at 08:37 PM

Hey I wish you much luck. It is not going to be easy. My children claimed there fathers citizenship and they live here. So they are duel as they were born in Long Beach. They are on my side of the family 5th generation American and 1st on there Dad's. There children were born in Mexico they are not American because of some stupid laws they will be soon. BUT here is this, the grandkids born here in Ensenada to one parent Mexican and the other duel can not get a Mexican passport because they don't feel like it I guess. Everytime they go they need something else most of the time it is a visa or another birth certifacte. this has been going on now for about a year. My kids are not the only ones with this problem a few other in the town are have the same issue
So I wish you much luck becasue it is up to the A#$%^*e at the moment you take all your papers if they got something the night before. But that is just the way we see it.
really good luck.

bajamigo - 9-6-2010 at 08:46 PM

You're right, the laws are puzzling. My daughter was born while I was in the USAF and stationed in Germany ; because of a medical emergency, she was born in a German hospital. Although the process was immediate, she was designated a "naturalized citizen." Now she can't be president of the U.S.

GEMcC5150 - 9-6-2010 at 08:48 PM

I hope your dad has a copy of the court order showing the addpotion and the name change. That with his birth cerit should be all the info they need. the only other thought might be to take it all to a non-border city like La Paz. Sometimes border office are not the most helpful. GOOD LUCK

briantroy - 9-7-2010 at 04:10 AM

Pop no longer has the papers showing he changed his name in El Paso. The Mexican consulate will hand him a passport in the name of Mario Santana, but that doesn't do me any good because my birth certificate says my father is Mario Weiner (No we do not whine!).
Perhaps if he found those papers we could start the process, but something tells me the Mexican consulate will not accept them. Good idea about trying a different city. I guess we don't have to go to the consulate for this, we can just go into Mexico.

monoloco - 9-7-2010 at 05:49 AM

It seems to me like you could go to the dept. of public records for the missing document, then get an apostillo for them so they will be accepted by INM.

Bajatripper - 9-7-2010 at 11:16 AM

Quote:
Originally posted by bajamigo
You're right, the laws are puzzling. My daughter was born while I was in the USAF and stationed in Germany ; because of a medical emergency, she was born in a German hospital. Although the process was immediate, she was designated a "naturalized citizen." Now she can't be president of the U.S.


It wasn't the designation as a "naturalized citizen" the keeps her from ever being president, but rather, not being born on US soil which, in the case of Germany, would have meant having your daughter on the grounds of the nearest US Embassy--which is considered part of the Good Old US of A for such purposes.

DENNIS - 9-7-2010 at 11:33 AM

Why are you going through all of this frustration? It's Mexico. If you want something out of the ordinary, pay for it. That's what everybody else does.

gnukid - 9-7-2010 at 11:40 AM

Brian

This is scenario that is common since they often changed people's names when they got their USA passport or Mexican, translating William to Guillermo and vice versa so this is problematic later on for children seeking their Mexican Passport dual citizenship. I have a few Mexican-American friends who have gone through it and while they said it was hard to convince the Mexican Passport office to complete it with a name change too, it was completed with the help of a lawyer who made it all correct so the same name was used in every case. Many people end up with passports with different names, but you will have to decide for yourself if you want to have conflicting IDs. If you are in La Paz and would like a reference to this lawyer pm me and I'll look for it.

briantroy - 9-7-2010 at 05:03 PM

Thanks for all the advise guys. I can see how this could be approached from many angles. I understand you can pay for things to happen in Mexico, but we have been dealing with the consulate in San Diego and nobody seemed willing to deal. We will probably have better luck in Mexico. I will talk to dad and see where he wants to go with this. Thanks!

comitan - 9-7-2010 at 05:25 PM

This site may help.

http://www.sre.gob.mx/pasaportes/