According to the Application for Birth Registration for dual citizenship, provided by the Mexican Consulate in San Diego, people born abroad whose father and/or mother are Mexican, have the right to be registered as such, without losing or affecting his or her American nationality.
However, they must perform the process, which is divided into three stages:
1. Review: Request an appointment for “Civil Registry-Receipt of Documents”, where only one person will present the documentation requested to be approved, then an appointment will be scheduled to make the birth registration.
This first review can be done by phone at (1-877) 639 4835, or online.
2. Registration: The person must register a minor (accompanied by both parents) or an adult, and two witnesses.
3. Delivery: Birth certificates are delivered within 3 business days of registering. And this is when the payment is made and collected.
It should be noted that the process is free and only one copy of the certified certificate is delivered, so if you want to obtain more copies, you will be charged $14 dollars each, which must be paid in dollars if you request it at a Mexican Consulate, located in a country where this currency is handled. If your request it in Mexico, you must pay the equivalent of $14 dollars, in Mexican pesos.
The requirements for this process, which must be presented on the first stage (Review), are the following:
2. U.S. Birth Certificate of the Registered
Original and 2 letter size copies. If the certificate has been issued outside the United States of America, it must be apostilled or legalized by the corresponding country (abstracts are NOT accepted).
3. Current official identification of the registered
Original and 2 letter-size copies that must contain full name, as it appears on birth certificate.
In case of children under 18 years of age, you can present: valid US passport, California ID, school card with photo or proof of official studies, and it must be signed with a sealed photograph (stamp crossing the photograph without covering the face), with the name as it appears on the birth certificate.
Children under 6 years old: current US passport; current California ID with a recent photo that looks like the child; or record on letterhead and signed by your pediatrician, with the child's name, date of birth, full name of both parents and period of being their doctor, which must contain recent photograph of the child -with white clothes-, and the stamp and/or doctor's signature crossing the photograph without covering his face.
4. Birth Certificate of both parents
Original and 2 letter-size copies. Both parents must prove their nationality (Mexican and/or foreign); However, to carry out the process, it is necessary that at least one of them proves their Mexican nationality.
5. Valid official identification with photo and signature of both parents
Original and 2 letter-size copies. Mexicans: They can present Mexican passport, High Security Consular Registration or credential to vote issued by the National Electoral Institute (formerly Federal Electoral Institute).
If one of the parents is a foreigner, they must present their foreign passport (passbook type), driver's license or identification issued by the current Department of Motor Vehicles (DMV). The identification must contain their full name, as it appears on the birth certificate.
Important: Mexicans naturalized as Americans (citizens) must present the according Certificate; and in case of being Permanent Residents, present the corresponding card with 2 letter-size copies.
6. Parent’s marriage certificate (if applicable)
Original and 2 letter-size copies. (abstracts are NOT accepted). It is important the marriage took place 6 months before the birth of registered person. In case of celebrated after or not married, the parent must appear on the day of registration.
If the parent CANNOT appear for the appointment, he/she must present a Special Power of Attorney (not notarized letter) issued by a Notary Public in Mexico or Consulate of Mexico in which the parent acknowledges paternity and grants permission to be registered as a Mexican before this General Consulate.
If parent died - or is not available - and did not marry before the birth of the person to be registered, then birth registration does NOT proceed at the Consulate. In this case, you can request the registration of foreign birth certificate in any Office of the Civil Registry in Mexico, for which you must contact these offices to request the requirements. This act is called “Foreign Record”.
7. Valid official identification with photo and signature of two witnesses (regardless of nationality)
People over 18 years old must present 2 letter size copies. The witnesses must be persons other than parents and must bring the original identifications on the day of registration (second stage). If you have no witnesses, the Consulate can support you.
If you wish to know more details about this process, visit the website of the Ministry of Foreign Affairs.