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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113501
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband has lived here in the US since his birth, but his

Customer Question

My husband has lived here in the US since his birth, but his parents never registered him ,he had to get registered on his own back in 1969. So he has a delayed birth certificate. The problem started when he applied for a passport, they would not give it to him because of the delayed birth certificate. They kept asking him for more information like school records, birth cert. of his siblings, anything that could proof he was born here in Pecos,Tx. We kept sending whatever we could find and yet it wasn't enough. They finally reported him with the Office of inspector general, the allegation is that he intentionally provided false information to support issuance of a fraudulent delayed Tx birth cert. Of course they said that no charges could be filed due to the statute of limitations having expired. In August on his birthday he went to the DMV to renew his drivers license and they would not renew because it showed fraud. My husband is a business man for 32 years he has run an Insurance Agency, and this is how he finds out he had a fraud charge, we have never received any kind of letter telling us about this and it has been going on since 2014. Now they are telling us that they have found a birth certificate in Mexico. His parents are both deceased now and they never told him he was born anywhere else except here in the US. We need to know what we need to do to get this cleared and get his drivers license back.
Submitted: 3 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, he is going to need a local attorney and will have to file in the court for confirmation of the certificate of delayed birth. This is where he will present all of the proof that he has been providing to Homeland Security and ask the court to issue a court order establishing his birthplace in the US. The Department of Homeland Security would then bear the burden of presenting his alleged birth certificate from Mexico to disprove your husband's documentation. You need to get him a local immigration law attorney to represent him in the court to prove that the evidence of him being born in the US is valid and that he is validly a US citizen and there is really no other remaining option at this point.