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He has the dual citizenship certificate from the embassy. He has social security of United States, Mexican birth certificate, and American passport. He's been in Mexico 2 years on an American passport. Will I have to pay for him to leave Mexico, to return to the US?

He was born in Mexico and has his Mexican birth certificate and his CRBA he also has social for United States and an American passport he's been here 2 years visiting grandparents while I work, I am now taking him back to the US will customs charge me for him staying here 2 years?

He is a citizen of both countries.

He also does not have a Mexican passport can I just use his american passport to fly? – Aleksis Burr posted as comment to a reposted question.

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  • 7
    May OP is thinking about some kind of overstay penalty (as can be found in some countries). But being a Mexican citizen, he can't overstay, even if he entered with a US passport.
    – jcaron
    Commented Feb 29 at 1:03
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    While in Mexico, get him a Mexician passport. Show that when leaving.
    – Mark Johnson
    Commented Feb 29 at 4:16
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    He’s been in Mexico for 2 years - more than enough time for him to get a Mexican passport, surely
    – Traveller
    Commented Mar 3 at 1:34
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    @AleksisBurr, do not ask the same question again, edit this question or post a comment on it.
    – Willeke ♦
    Commented Mar 3 at 7:57
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    Is there a reason for not applying for a Mexican passport, like his other parent not being there?
    – Willeke ♦
    Commented Mar 3 at 9:36

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Let's try to answer these questions:

Can I just use his American passport to fly?

Yes, he can. All the airline or US customs will care about is that he has a passport that lets him enter the US.

It's not clear what you mean by "Will customs charge me for him staying here 2 years?", so let's answer two possible questions that you might mean.

Will Mexican border control think he has overstayed in Mexico illegally and charge him (or you) with immigration offences?

The key thing here is to make sure he has his birth certificate and CRBA, or better still other proof of Mexican citizenship. If he has an expired Mexican passport he should carry that too. Since he is a Mexican citizen then he has been in Mexico legally all the time, and as long as you can convince border control of that he should have no problem. I would expect that either the birth certificate or an expired passport should work, but it's not possible to be certain how strict an agent will be. I'm not clear about under what circumstances someone might be born in Mexico but not a Mexican citizen, but if it's possible then you should carry as much evidence as you can to back up the claim to be Mexican - perhaps your own birth certificate and Mexican passport and for your son's father. In any case, border control agents hardly ever detain someone leaving their country even if they think they have stayed illegally. Make sure you arrive at the airport and pass through exit controls very early, in case the process takes a long time.

Will Mexican border control charge him $60 because he does not have a FMM Visitor's Permit?

The answer to this is the same. If you can convince border control that he is a Mexican citizen then he does not need a visitors permit and will not be charged $60 for not having one. It might be wise to have the means to pay $60 in the unlikely event that they are not convinced of his Mexican citizenship but are prepared to let him exit if he pays for the FMM.

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  • (+1) Depending on the child’s age, other documents may be required by the airline/Immigration
    – Traveller
    Commented Mar 4 at 8:52
  • The CRBA is a US document that is evidence of US citizenship; Mexican authorities aren't likely to care about it, especially considering that he has a Mexican birth certificate.
    – phoog
    Commented Mar 4 at 18:45
  • @phoog I'm aware of that. My suggestion is that it provides additional evidence of place of birth.
    – DJClayworth
    Commented Mar 4 at 19:45

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