My 13 year old son is out of the country with his mother. I filed a Form 1-130 for him, with his legal foreign birth certificate/court paternity recognition decision. I also included documentation proving 13 years a bonafide relation with my son. But I was asked for more proof of paternity, and I took a DNA paternity test which came out negative. The visa application was denied, and I am devastated, because for 13 years I know and love this child as my own and still love him the same. I am the only father he knows, and I voluntarily signed my name on his birth certificate. I am not legally married to his mother, but the child's legal documents bare my name as his father and I want it that way. I travel to his country of residence twice a year to be with him. My son turns 13 today and I badly need to bring him to the USA where I live and work,so that I can monitor his growth and development closely. I am a US citizen. Can the USCIS be convinced to disregard the DNA results and go with the world of documentation I gave to prove my close relationship relationship with my son?
Unlikely unless you marry the mother or adopt the child /you should be working with a an attorney.
Immigration Law, Adjunct Professor at The John Marshall Law School (2014-2017). It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. For in depth, thorough review, work 1:1 with an attorney.
Unfortunately, despite your close affection and care-taking role as your son’s father, you do not appear to meet the legal definition of a parent at this time. Your son would need to be related to you as either a blood-relative or as a relative through marriage to his mother. You should consult with an attorney to review if your relationship with the mother qualifies as a common-law marriage under the laws of the child’s country of residence, which may be your best claim to a parental relationship.
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