Filipino child of a USA citizen Father refused non immigrant visa

[geowrian 22,338]

I'll just add one more thing...

 

Please don't let your pride get in the way of doing what's best for the child. The child may want to travel (on his own) at some point in the future, and this issue will not go away by itself (even when he becomes an adult).

Edited April 6, 2017 by geowrian

[KierenHby 899]

3 hours ago, Dok said:

This is so screwed up. My partner and I are not married. We've been together 7 years and we have a 6 years old son. Our son was coming with us on a visit to the U. S. and we got him a tourist visa, no problem. On my partners return 3 weeks later for her interview they took our sons passport and stamped denied over his visa. The reason for this is, they said as he could possibly be eligible for U. S. Citizenship he cannot enter the U. S. on a visa. We must register his birth abroad and get him a passport. The problem is, he won't qualify because it's almost 100 guaranteed that he is not my biological son. We are devastated and so is he. I have never intended to attempt to get him a passport but, it seems ludicrous that he can't get a visa to visit. The suggestion of the embassy was to remove me as his Father on his birth certificate. I would never do that. What else can we do?

Odd

Very odd

[JoannaV 174]

I can easily imagine all kinds of reasons why you have done what you have done, and hope you don't take any of the negative comments to heart. (And it only occurred to me after writing that that one possibility is sperm donation; I didn't even think of that as one of my initial scenarios!)

 

I suppose that if there is a very small chance that you are the biological father then a paternity test would still be the best first step.
 

It would seem that right now it is most important for you to be recognized as the father by the Philippines, and US concerns are secondary. I don't know enough about the Philippines to be able to advise you on what options are open to you. But figuring out a *long-term* plan to solidify your son's status in the eyes of the US government would probably be good if possible, even if that involves doing things you might not otherwise feel necessary to do (eg marriage, adoption, etc.)

 

[Transborderwife 4,666]

FYI, if adopted and NOT the bio dad, the child does not qualify for us citizenship 

[Unlockable 7,315]

Your name being on the BC is the issue. And a big one at that. You need to get that rectified.

 

One more thing, if you "would never do that" to removing your name as the biological father on the BC if the child is not yours, you are only making things tougher (legal reasons) for yourself and your family, especially the child. 

Edited April 6, 2017 by NuestraUnion

[neilsqueen 433]

Just remember, by taking your name off of his BC doesn't make you any less his dad.  It just makes you not his biological dad.  Anyone can father a child, but not everyone can be a dad.  I commend you being the dad you are!  Take the emotions out of this situation and look at the benefits to him by doing this in a legal manner.  Best wishes to you are your family!

[IcezMan_IcezLady 582]

2 hours ago, Transborderwife said:

Correction, they don't know 

"The problem is, he won't qualify because it's almost 100 guaranteed that he is not my biological son. "

did i misinterpret this ^^?

[Transborderwife 4,666]

10 minutes ago, IcezMan_IcezLady said:

"The problem is, he won't qualify because it's almost 100 guaranteed that he is not my biological son. "

did i misinterpret this ^^?

There's possibility that it could be

[IcezMan_IcezLady 582]

Just now, Transborderwife said:

There's possibility that it could be

Yea..

[Petulc 28]

1 hour ago, Transborderwife said:

FYI, if adopted and NOT the bio dad, the child does not qualify for us citizenship 

Hello! I think it does qualify even if adopted:

INA Section 320: Children Born Outside of the United States and Residing in the United States; Conditions under which Citizenship Automatically Acquired

A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

At least one of the child’s parents is a U.S. citizen by birth or naturalization;The child is under 18 years of age;The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence.

INA Section 320 applies to a child adopted by a U.S. citizen parent if the child satisfies the requirements applicable to adopted children under INA Section 101(b)(1); e.g., generally a child adopted while under the age of 16 if the child has been in the legal custody of, and has resided with, the adopting parent for at least two years; or who is an orphan on whose behalf an immediate relative petition has been filed while under the age of 16. The adoption must be final for the child to acquire U.S citizenship. 

 

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html

 

 

[jan22 3,064]

10 minutes ago, Petulc said:

Hello! I think it does qualify even if adopted:

INA Section 320: Children Born Outside of the United States and Residing in the United States; Conditions under which Citizenship Automatically Acquired

A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

At least one of the child’s parents is a U.S. citizen by birth or naturalization;The child is under 18 years of age;The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence.

INA Section 320 applies to a child adopted by a U.S. citizen parent if the child satisfies the requirements applicable to adopted children under INA Section 101(b)(1); e.g., generally a child adopted while under the age of 16 if the child has been in the legal custody of, and has resided with, the adopting parent for at least two years; or who is an orphan on whose behalf an immediate relative petition has been filed while under the age of 16. The adoption must be final for the child to acquire U.S citizenship. 

 

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html

 

 

An adopted child would only qualify for US citizenship after legally immigrating to the US on an immigrant visa (IR 2, IR 3, or IR4).  There is no mention of plans for that from the OP.

[Transborderwife 4,666]

21 minutes ago, Petulc said:

Hello! I think it does qualify even if adopted:

INA Section 320: Children Born Outside of the United States and Residing in the United States; Conditions under which Citizenship Automatically Acquired

A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

At least one of the child’s parents is a U.S. citizen by birth or naturalization;The child is under 18 years of age;The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence.

INA Section 320 applies to a child adopted by a U.S. citizen parent if the child satisfies the requirements applicable to adopted children under INA Section 101(b)(1); e.g., generally a child adopted while under the age of 16 if the child has been in the legal custody of, and has resided with, the adopting parent for at least two years; or who is an orphan on whose behalf an immediate relative petition has been filed while under the age of 16. The adoption must be final for the child to acquire U.S citizenship. 

 

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html

 

 

I believe the natural father must be dead as well

[Jonathan Lopes 1]

While the situation is frustrating for you, there can be a positive outcome. Since you have listed yourself as the father of the child on his birth certificate and would not remove your name, why not attempt to get him a passport? It solves all the problems. Even if you are not the biological father, you have been the father on record for this child. Now take advantage of it.

 

Please see better suggestion from Transborderwife below. You should always consider the long term impact.

Edited April 7, 2017 by Jonathan Lopes
Referencing better suggestions below from Transborderwife

[Transborderwife 4,666]

4 minutes ago, Jonathan Lopes said:

While the situation is frustrating for you, there can be a positive outcome. Since you have listed yourself as the father of the child on his birth certificate and would not remove your name, why not attempt to get him a passport? It solves all the problems. Even if you are not the biological father, you have been the father on record for this child. Now take advantage of it.

This could cause damage for future immigration 

[Jonathan Lopes 1]

I had suggested thinking about the present situation. I did not think long term implications.

 

Please consider the issues regarding future immigration issues as suggested above.