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How can an American child (minor) move to the USA and attend public school if his single parent is not a US citizen?
There are several relevant parts to your question.1.  Immigration / US citizenship status2.  Moving to the USA.3.  Public education4.  Finances1.  You and your siblings are a US citizen.  You can get on any plane to the US with your passport and fly there.  Your mom is not a citizen.  However, she falls under the Visa Waiver Program.The Visa Waiver Program (VWP) is a program of the United States Government which allows citizens of specific countries to travel to the United States for tourism, business, or while in transit for up to 90 days without having to obtain a visa. She could enter the US, but in order to live here, she would need to obtain a Visa.  Not always easy.2.  Moving to the USA.Easy for you and your siblings.  Hard for your mom.  However, the USA is a large place.  You would have to decide where you wanted to live, etc.  Some communities are more accessible to individuals from other countries.  Some communities are more accessible to English as a second language.  Some are pretty harsh to immigrants regardless of the law.  In some ways the culture is not a good fit.3.  The USA has free public education only through high school.  That is usually about age 18 or 19 for most individuals.  With poor English, you would really struggle both academically and socially.  In almost all districts, you have to prproof of residency or where you live.  Some schools are much better than others.  4.  Finances.  You could move here, but you need to pay to live here.  You need to pay for your housing, food, and many other things.  With limited English, you would have a great deal of trouble with a job to afford any of the basics including housing.In all honesty, for the amount of time, you would be eligible for any public education and the difficulties that you would face it is not a prospect that I would recommend.
If a US citizen has a baby with a Mexican citizen does the US parent have rights to the child in Mexico?
Of course. Yes. Both you and your Mexican partner are the parents with full rights, wherever the child happens to be and whatever your nationality may be.Note in Mexico, the mother (regardless of nationality) is usually assumed to be primary caretaker unless she has been proven to be a threat to the children or physically/mentally unfit, or when the child is able to express wishes otherwise and is mature enough to understand the consequences of their decision.Not just that - it is a crime in Mexico for one parent to take their child to live in another state or country without express authorization from the other parent or a judge.Other than that, it’s a Western legal system which should be fairly easy to recognize in the US. Child support, alimony, etcetera.Your child also qualifies for dual citizenship and can acquire the other nationality. You can inquire at the embassy or consulate of the country the baby was not registered as a national (usually the country he/she wasn’t born in).Your kid is also protected by a bevy of Mexican laws as well as all international rights of the child treaties (Mexico is a signatory to all of them), and as a parent you have full rights to oversee that protection (along with your Mexican coparent, but even if the other party was not present this would be the case).And Mexico has an independent government entity called “DIF”, which stands for “National System for Integral Family Development”, which is an institution to help people with most anything regarding families, including family planning, childcare and special needs care, elder assistance, drug abuse prevention or help for people needing temporary assistance, women’s shelters, orphan care and adoptions, etcetera.An overview (from the US standpoint) of the Mexican law with regards to children can be found at Law Library of Congress.And a pretty good primer on Mexican family law (including divorce, common law marriage - usually defined as any couple living together over two years - and child custody (with a focus on Quintana Roo, given the location of the writers) can be found at Common Questions About Mexican Family Law - MexLaw Mexican Law Firm.
How long does it take for a US citizen child to bring their parents from Mexico if the parent left the US on voluntary departure?
A US citizen who is at least 21 can petition their parent(s) to immigrate to the US. Whether the parent can actually get an immigrant visa may depend on whether they are subject to any bans and other factors. Having left the US on voluntary departure does not imply that they have or do not have a ban, it just means they were put into deportation proceedings in the US.The most likely potential ban is if the parent accrued at least 1 year of “unlawful presence” in the US before leaving, they would have a 10 year ban from the day of leaving (whether someone accrued “unlawful presence” is complicated and cannot be determined without more information). If they have this ban and wish to immigrate before the ban is up, then they will need to apply for a waiver, which will need to demonstrate “extreme hardship” to their parent who is a US citizen or permanent resident if they cannot be in the US.Depending on the exact circumstances, they may have additional bans, for example, if they previously accrued 1 year of “unlawful presence” and subsequently entered the US again illegally, or was previously deported and subsequently entered the US again illegally, then they have a lifetime ban, which there is no way to overcome until they have spent 10 years outside the US. Again, more details will be needed to determine what bans, if any, they may have.
How can an American child (minor 3 yrs old) move to the USA and attend public school if his single parent is not a US citizen?
Yes, the child can move here and there wouldn’t be any problems with him staying for the rest of his life if he wanted to.  The problem is that you couldn’t come with him.  If you know somebody in the US that he could live with then all you’d need to do would be to write a letter giving them permission to make educational and medical decisions for him and to travel with him and then have it notarized.  This is called a power of attorney and you can revoke it any time you want.If you happen to live in a visa waiver country then you can come visit him anytime you please for up to three months each visit, and of course you could take him back to your own country during the summer or at Christmas or whenever there were school breaks.It might be possible for you to get a student visa and attend college here for several years while your son attended school, but just remember you wouldn’t be able to work while here.
Can my US citizen sister be able to petition her parents with her minor siblings?
If your sister is aged 21 or over, she can petition her parents, who will be in the Immediate Relative category with no wait for visa numbers. Her siblings cannot immigrate as her parent’s derivative beneficiaries, because the Immediate Relative category cannot have derivative beneficiaries. Her parent(s), once they enter the US, can immediately petition for their children, and unmarried under-21 children of permanent residents are in the F2A category, with about a 2-year wait for visa numbers.If your sister is aged 21 or over, she can also, separately, petition her siblings, who will be in the F4 category, which currently has a 13.5-year wait for visa numbers (longer for people born in India, Mexico, or the Philippines).
How do I find out if it was illegal to send US citizens to Mexico with the father? How do I find out if their rights were violated?
If this a confirmed or suspected case of parental abduction you need to consult an attorney. The invocation of “rights” is problematic unless the so-called “rights” are codified in law. So the real question is what, if any, laws have been broken. In theory The Hague Convention on the Civil Aspects of International Child Abduction is an international human rights treaty and legal mechanism to recover children abducted to another country but I wouldn’t count on it. You need to see an attorney, preferably one that specializes in these cases.General comments: If they are 18 or over with US passports there is no problem. If they are minor children a great deal depends on the custody arrangements (e.g. who has legal custody). The immigration status of the father may also make a difference, especially if returning with minor children. In all cases a notarized consent form from the non-accompanying parent is highly advisable. Free copies of consent forms can be found on the internet. Other documents (e.g. birth certificates) may be advisable. Because of hightened concerns about trafficking of minors and parental abduction both in the US and overseas it is best to check the US State Department International Travel website for information about current requirements for Mexico.
Can a US non-immigrant parent travel to the US with her US-citizen child?
Yes, of course, you can. But having a child, who is a US citizen, does not give you any immediate benefits or advantages.I guess you should have rather asked whether a parent traveling with an underage US citizen can be denied entry into the US. And the answer is Absolutely.
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