Can I bring my son back to the United States if I am not a US Citizen? 5 Answers as of December 14, 2011

Is your sister refusing to bring him back? If you have legal custody of your child, your husband's signature may not be required.

Your question is unclear. It seems your spouse is US citizen who signed to let your son go to Mexico but will not sign to let him return to US. This matter seems to involve both, immigration and family law issues, and possibly Hague Convention treaty which is relevant when parents/guardians dispute child's primary custodial parent but one parent is keeping child in different country w/out the other's permission. If you are not authorized to go to Mexico, do not go because that could negatively impact your immigration status. Moreover, bringing child back to US w/out proper authorization should child be with custodial parent could result in kidnapping charges. So, please consult with an attorney regarding possible issues. Good Luck.

If your son is a USC, he is legally able to enter the US at any time, regardless of whether you gave him up for adoption or custody to someone else. If you legally did this, via the court system, then you want to make sure you follow any rules required from that agreement. I don't understand why your ex-wife would need to be involved here, as it seems that the son is in your sister's custody in Mexico. So again, if there was some custody agreement in a family law court, you will want to consult with your attorney on that, to ensure you are not violating state or federal law.

If your son was born in the US, then you can apply for his US passport at the US Embassy in Mexico or whatever country you are in. You will need to show his proof of birth in the US to qualify. As far as who will take him to the US, you can do it yourself if you have permission to travel to the US or you can grant a power of attorney for that purpose to whomever will be traveling with your son.

If your son is a US citizen, then he is allowed to come here. You probably can get a tourist visa to enter the US for a limited period of time but if he isn't severely ill, that should be enough time to take care of him.