Full Video Transcript
When the father approached us saying that he wanted to petition for his daughter to get a green card, there was a little quiver in his voice. He was just worried because the daughter was born out of wedlock, and everything was actually kind of secretive. But the beautiful thing about immigration law is that it is humane and understanding in this sense, right? Children born out of wedlock doesn’t mean you are not a biological child of the father. You can still get them the green card, even though the documents might be more complicated and the timing might be longer. But it’s still possible. We were able to assemble the team together, help him do everything, and the case was approved without a request for evidence. I’m going to walk you through everything we did. I have it right here; let’s get to it.
Hi everyone, my name is Joseph. I’m the managing partner here at Tsang & Associates, where we solve legal problems with creative solutions. So, the legal problem is that a father wanted to petition for his daughter, although the daughter was born out of wedlock. When that is the case, that’s a legal problem, and USCIS requires a lot more documentation. Because, quite frankly speaking, how do you know someone is another person’s son or daughter? Well, you need the birth certificate. In this case, with a child born out of wedlock, there are a lot of documents missing that the government relies on. But the law, being just, gracious, and understanding, provides exceptions. USCIS says that’s okay, please provide these additional things, right?
We do a lot of cases where kids are born out of wedlock, and Cathy did this case from beginning to end. I have her application that she built out right here in front of me. I’m going to go through it.
The first page is really just laying out the circumstance: the father, the daughter, how long they’ve known each other, what their relationship is like, and the law, and all the key forms that we have. On the second page—and we only did two pages—we provided 14 exhibits:
- We provided the naturalization certificate indicating the U.S. citizenship of the father.
- We provided a divorce certificate from the previous relationship.
- We provided a birth certificate with the daughter’s name on it, but obviously, she was born out of wedlock.
- We provided a DNA test.
- We provided an affidavit from the biological mother.
- We provided money transfer statements from the father to the daughter and other people.
- We provided invoices showing that the father was able to buy certain things for the daughter.
- We also provided proof that the father was in contact with the nanny and home care.
- We provided lots and lots of pictures.
- We provided many affidavits detailing exactly how the child grew up.
The conclusion we wrote: “As indicated above, Mr. [Name] is fully eligible to sponsor his daughter for permanent residence in the United States and has comprehensively shown that the relationship between Mr. [Name] and [Daughter’s Name] is a bona fide parent-child relationship. Mr. [Name] has consistently demonstrated an active concern and support, instruction and general welfare of our client.”
It’s a complicated case, but we were able to prove it with all of these documents. We’ve handled cases that are far more complicated, where the parties haven’t really seen each other and live in three different countries, but we were really able to bring everything together and collect all the documents to prove, “hey look, this relationship existed”.
There are so many complications about what it means to be a parent, what it means to be a father of a daughter, especially now that the daughter is getting older. But we were able to put everything together, and USCIS was able to review everything, and the case was approved without a question.
If you have any questions about cases involving a child born out of wedlock, feel free to contact us. We’d love to brainstorm with you. Parenting is an extremely complicated situation, especially in this modern era. But don’t feel judged or afraid; the law is both just and merciful. It provides these exceptions and gives you an opportunity to tell your case.
Take care. Bye-bye.
When a father approached us with the hope of petitioning for his daughter, he was understandably anxious. His daughter, born out of wedlock, had a complicated background, and the father was concerned about how this might affect her ability to obtain a green card.
Securing a green card for a child born out of wedlock presents unique challenges, as the documentation required by USCIS is often more extensive and complex. At Tsang & Associates, we understand these intricacies and know that, with the right approach and thorough documentation, even the most complicated cases can be successful.
The Legal Challenge: Proving the Parent-Child Relationship
The father’s primary concern was establishing a legitimate parent-child relationship to satisfy USCIS requirements. In cases where a child is born out of wedlock, the absence of traditional documentation, such as a birth certificate naming the father, can create additional hurdles. However, the law does provide exceptions and opportunities to prove such relationships through alternative means.
Our Strategic Approach To This Petition For A Green Card For A Child Born Out Of Wedlock
To address the unique challenges of this case, we took the following steps when preparing this I-130 petition:
- Detailed Documentation: We provided a comprehensive set of documents to demonstrate the legitimacy of the father-daughter relationship. This included the father’s naturalization certificate, a DNA test, and various affidavits.
- Exhibits Submitted: Our team meticulously prepared 14 key exhibits to support the petition:
- Naturalization certificate indicating the father’s U.S. citizenship.
- Divorce certificate from a previous relationship.
- Birth certificate of the daughter, acknowledging her birth out of wedlock.
- DNA test results confirming the biological relationship.
- Affidavit from the biological mother supporting the father’s claim.
- Money transfer statements documenting financial support from father to daughter.
- Invoices demonstrating the father’s involvement in the daughter’s life.
- Evidence of the father’s regular contact with the daughter’s nanny and home care providers.
- Numerous photographs and affidavits detailing the daughter’s upbringing and the father’s involvement.
The Result: Green Card Approval Without an RFE
Despite the complexities involved in proving the relationship between the father and his daughter, our thorough documentation and strategic approach resulted in a successful petition. USCIS approved the green card for the child born out of wedlock without issuing a request for evidence (RFE), a testament to the strength of our case.
This case highlights the importance of understanding and leveraging every available tool in immigration law, particularly when dealing with children born out of wedlock. By providing comprehensive evidence and demonstrating the legitimacy of the parent-child relationship, we were able to secure a positive outcome for our client.
Conclusion
Navigating the challenges of immigration law requires careful planning and a deep understanding of the legal landscape. At Tsang & Associates, we pride ourselves on our ability to tackle complex cases with creative solutions. If you have any questions or need assistance with your immigration case, particularly if it involves a green card for a child born out of wedlock, please don’t hesitate to reach out to us. We are here to help you navigate these challenges and secure the best possible outcome for your family.