Mon | Jul 26, 2021

Immigration Corner | Test shows man is not my father

Published:Tuesday | May 4, 2021 | 12:06 AM
Dahlia Walker-Huntington
Dahlia Walker-Huntington
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Dear Mrs Walker-Huntington,

My dad is an American citizen who filed for me to live in the USA a couple years ago, but after doing a DNA, the result came back showing that I am not his biological child. I am now 31 years old. What can my dad do now to get me to the United States to live with him?

Thanks in advance and looking forward for your reply.

CL

Dear CL,

Sorry to hear your situation where the person you have known and loved as your father is in fact not your biological parent. This happens sometimes during the filing process, especially in cases where the father’s name was not placed on the birth certificate at birth.

If the parents are not married, US Citizenship & Immigration Services (USCIS) will often require a paternity test to determine that the person thought to be the father of the child is in fact the biological parent. If the father’s name is added when the child is older, the USCIS will request proof of support and that he had a parent-child relationship with his child. They will also request a paternity test.

If the paternity test results indicate that the man who is named as the father is not in fact the father, the petition cannot continue. The petition dies because there is no legal relationship between the alleged father and the son/daughter. In some rare cases, if the man lived with the child for at least two years and the child is under the age of 16 years old and meets other criteria, the father may be able to adopt the child and then file a petition for an adopted child.

In a situation such as yours where you are now an adult, adoption would be out of the question. Maybe the gentleman who thought he was your father would be willing to help you to attend college in the United States by offering his financial support – if he is able. Without knowing more about your particular situation, you would need to consult with an immigration attorney and give that attorney the full details.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington. c om