and hes over her on a tour visa and i filed an i130 for his green card. Since the Indian government didnt register my parents marriage certificate USCIS wanted me to provide affidavits from my fami;ly members verifying the marriage which we did from my 2 uncles ..but USCIS still denied the i130 what can i do now..we provided pictures of us growing up ..can i provide a dna sample if so, how? they didnt ask us to do that but i can do that... can i appeal? can i just refile the i130? PLEASE HELP
If they have requested evidence, then you can submit DNA test results with the response. The results should comply with USCIS/DOS standards (https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/US-Citizenship-DNA-Testing.html). As the petition has been denied once, it would be prudent to hire legal representation. Best of luck.
DNA samples can only be provided if USCIS offers it as one of the options on the RFE. Otherwise not.
If petition denied, then in all likelihood need to refile.
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You will need to refile if the application is denied for failure to establish eligibility.
You should speak with an immigration attorney as soon as possible. If the I-130 is denied, you may have to refile. However, if you are a citizen and your father entered with a visitor's visa, you may be able to file more than just the I-130; you may be able to file his application for Green Card and a work permit all at the same time and not have to divide it up into multiple steps. Please do yourself a favor and discuss this with an immigration attorney. Good luck.
Please be aware that this response does not constitute the formation of an attorney-client relationship between you and me. I am licensed to practice in Colorado only. Unless I indicate otherwise, my answer is based on general legal principles, and not necessarily the laws of your state or the particular facts of your situation.
The issue is not one of bona fides of relationship. For that USCIS issues an RFE. The issue is whether your parents were legally married when you were born. The requirements of wedlock and out-of-wedlock are different, hence the denial.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.
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