Oak Ridge, TX Immigration Law Firms & Lawyers

Your recitation of facts does not sound right: - if both parents of your son are in a diplomatic status, birth in the U.S. does not entitle your son to a U.S. citizenship [U.S. v. Wong Kim Ark, 169 U.S. 649 (1898)] and it, definitely, does not entitle him to a green card; - if your son's mother is a U.S. citizen or permanent resident, the child is a U.S. citizen by birth and is not eligible to receive a green card; - if your son's mother is in the U.S. on a non-immigrant visa and does not have a diplomatic status, the child might be a U.S. citizen by birth (USCIS can argue that your diplomatic status precludes your son's acquisition of U.S. citizenship under* *the 14th Amendment) but he is, definitely, not a permanent resident.

Unfortunately a murder conviction causes a lifetime bar to returning. If he does come back and is caught he will be prosecuted federally and the sentences are lenghty. There are some offenses that result in lifetime bars from reentry and murder is one of them. It would be best for you to visit him in Mexico, 

Looking at your fact situation, the grandfather’s name appears to be in the position of almost the middle name, so the way it looks is that your spouse has a first and last name on the birth paper. That may be good enough for most immigration examiners. I suggest that if you can, you should have the birth certificate name also entered on her passport. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.