i was born out of the wedlock and when they ask for prof I sent my baptismal certificate , 4 photos dated 2003 and up ( we did not have many pictures taken wen i was a kid and the few we had we lost it trough the years moving ) but the pictures are from my father's wedding , in the pix . we are with two of my sisters and my dad's mother , other of the pix is from when my son was born in Dec 2004 . I was 16 in 2003 . i also sent a statement saying that my parents never married each other but they had 4 girls including me and even though they got separate when i was about 4 my dad was always involve in my sisters and I life .
You should both have paternity tests and then refile
I agree with Ms. Pollak. You and your father will need to undergo DNA testing. However, the testing must be done with the right formalities. Otherwise, the results may be ignored and the petition denied.
I strongly recommend that you schedule an appointment with, and hire, a competent and experienced immigration attorney, who understands the process. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.
I agree with my colleague. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .
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I agree with my colleagues. But, to elaborate further, if the child is born out-of-wedlock and the child’s relationship is with the father because of separation or if the natural mother has abandoned or relinquished her parental rights over the child, then the father must have legal custody of the child and be (your) natural father, and a bona fide parent-child relationship must exist. This relationship can be proven through a paternity test, birth certificate, and/or medical/school records.
A bona fide parent-child relationship exists where the father demonstrates or has demonstrated an active concern for the child’s support, instruction, and general welfare. [8 C.F.R. 204.2(d)(2)(iii)]
Do consult an experienced immigration attorney for assistance in this matter.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info