I am a 23 yrs old naturalized USA citizen. I would like to petition for a parent (father) to receive a residency in the US if at all possible. My father is a Polish citizen.
My Polish birth certificate does not have the full name (first and last) of my father.
His first name was entered and his last name is marked as unknown. So it looks as my father is unknown.
Do I need to have a DNA test performed in order to prove my father is my father?
How would I proceed from here? How do I prove that my father is my father for the purpose of submitting the petition for an alien relative to receive a residency in the US. Can he receive the residency or just a visa to visit me in the future?
What are my options?
I forgot to ask about one more thing. He is not married at the moment. What would happen if he decides to marry between now and time when I decide to petition for his residency? Would that change things at all? I can petition just for him correct?
Check with your government (Consulate nearest your place of residence) and see if there are alternative ways of proving paternity. Also, collect any documents indicating the name of your father - school records, baptismal certificate, photos, Affidavits from people who know you and you father to establish his identity and their knowledge that you are his child. It would be important also for your father to obtain documents establishing his idenitty. A DNA test is expensive - if you plan to do it, follow the rules so that it is acceptable as evidence of paternity. See legal counsel to guide you in the process.
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Unless there is a paternity establishment as well, you may need to resort to the DNA test. It is also important to know whether your parents were married when you were born. If you petition for your father, he will be able to obtain a lawful permanent residence, i.e. green card, and will be able to live in the US and ultimately apply for US citizenship. I highly recommend that you consult with an experienced immigration lawyer to assist you with this filing.
Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact immigration attorney Gintare Grigaite, Esq. for a free consultation about new Immigration Reform policies. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
You should plan to have the DNA done unless you have other legal documents showing your relationship. There is a list of secondary evidence in the Foreign Affairs Manual. Once you prove he's your father, he'll be able to enter as a green card holder. You may want to retain an attorney to see this through to ensure you and your dad are on the same continent as soon as possible.
I would petition for him and provide all documents you have including pictures. Should DNA be required by the Embassy or USCIS, then you can submit to one. Hire a experienced immigration lawyer to help you out.
Garmo Law Group, PLLC (Michigan) 248-626-0050. This advice is only general in nature and does not constitute an attorney/client relationship. Speak to an experienced attorney before making decisions.
You will need to have a DNA test. Also, more facts are needed to advise you as to options. However, you should be able to sponsor your dad, meet with an attorney to discuss how exactly you will do it and what your steps should be.
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