Mary23

Hello,

I need some help. What evidence can be used to establish a bona-fide parent child relationship?
Back Story: Father is a USC and is petitioning for daughter over 21, and I have a son who is 19 years old. My father name is not on my birth certificate but my name was changed in 1983 to use his last name as mine.

Apart from a sworn affidavit, and ONE picture what else can we use to prove this fact. The USC has not requested any DNA evidence.

Thank you

Mary B.

Noorah101

School records, health records, maybe?

Rene

S Folinsky

Talk to an attorney, you may not have to establish a bona fide parent child relationship. CIS adjudicators often think you do when it is not necessary at all.

You do not give enough in the way of facts for cogent advice if one would chose to give such advice. [IOW, don't ask me. ]

I do some volunteer work at the LA County Bar Immigration Assistance Clinic. This issue came up just this morning and I made someone very happy in that son will get green card, but unhappy in that they should have inquired six years go.

S Folinsky

Rene: Your answer may be correct. However, OP's question is way too general. Also, the question may be unnecessary.

scrubbedexpat099

Some Consulates ask for DNA.

Rete

In reading thru a course book written by an immigratin attorney I found a chapter dealing with father-child relationships. One of 4 things must occur:

1. Child born of married persons
2. Child was legitimated before the age of 18
3. The county of natinality does not distinguish between legitimate and illegitimate children
4. parent child relationship was established prior to the child's 21st brithday.

I'm assuming your question is based on item 4. It could be correspondence between the two; support payments; school titution paid by the parent; etc.

S Folinsky

Knowing who your immigration lawyer maven is, I may have to chide him a little bit.

This summary is fairly accurate, but there are exceptions arising from the choice of law provision in the definition of "child" by "legitimation." And that provision is quite broad.

Also, one should not forget the fact that a "step-child" is within the definition of "child." For example, if a child is born of extracurricular activity of a married man, dad's legal wife is the "step-mother" of that child. In an ILAP consultation, an Englishman obtained LPR via his AmCit wife. He had a son by an unmarried relationship where the mother died when he was seven years old [kid is now 18 and would now be subject to a 3 year bar if he leaves, 10 years if departure after 19th birthday]. His I-130 on FB-2A failed due to failure to prove relationship [which I think was a bogus denial -- but who says former INS, now CIS, knows what they are doing]. Although the kid may not have qualified as his father's child, Dad's AmCit wife is his stepmother and can, and will, petition. Dad and step-mom are kicking themselves for ten years lost and kid is PO'd because he has not been able to get a driver's license.