Strange situation but there must be a solution?

[Abigail3 2]

I'm 50 years old and was born in Canada. I found out a year ago after DNA testing that the people who raised me were not my biological parents but my grandmother and step grandfather. Both they and my biological mother are deceased. There was no adoption but it appears my birth certificate was faked to show my grandparents names. I grew up without any other family contact since everyone knew about my situation.

 

Through DNA testing, I was able to find my biological father. He is American (4th gen and 3rd gen). My mother's family was Catholic and my father was Jewish. It appears anti-Semitism was part of what happened. My father had zero awareness of my existence (but is thrilled). He wants to legally adopt me.

 

I understand that because I am over 21, under law, I am not considered a US citizen. For the first time in my life, I feel like I have a family but they are all in the US. I have siblings, aunts and uncles and, of course, my father. I've now talked to/paid 10 different immigration lawyers only to be told that nothing can be done. If I want to relocate to the US, the history makes no difference. None were interested in even trying to take this further. 

 

I can't imagine that I'm the first person to be in a situation like this. Isn't there any way to get around it given special circumstances? 

[B&C2017 123]

1 hour ago, Abigail3 said:

I understand that because I am over 21, under law, I am not considered a US citizen. For the first time in my life, I feel like I have a family but they are all in the US. I have siblings, aunts and uncles and, of course, my father. I've now talked to/paid 10 different immigration lawyers only to be told that nothing can be done. If I want to relocate to the US, the history makes no difference. None were interested in even trying to take this further. 

The tricky thing might be that he adopts you at such a late age. Not sure if it would be valid for immigration since you're not a child anymore.

 

But in general, if he is your biological father and US citizen, he can petition for you even when you're over 21 and married.
It would be the Form I-130 and depending on your marital status, it would be a F1 (family perference, First preference) if unmarried or a F3 (family perference, third preference) if married (or divorced I'd assume). 
I think the issue would be to proove that he is your biological father as you can't just sumit a birth certificate. But if you have a valid DNA test I don't think this should be a major issue - but I could be completely wrong.

 

Maybe a DNA test could also be used to proof fraud concerning the birth certificate? I even read the following online (which applies once a court given your father legal rights to be your father - not sure if this only applies to minors).

"Birth certificates can also be amended. So, if a father is not listed on the birth certificate at the time of birth, his name can be added to and he may sign the birth certificate at a later time. There is generally a fee to amend the original birth certificate and can take up to a month to receive the amended birth certificate."

 

I think the part that you would have to find out is, if he even needs to adopt you or if there is another way for him to legally become your father...
 

Edited June 11, 2020 by B&C2017

[Lucky2Lucky 2,526]

I would question - how is he able to adopt you if he is your bio father? I don’t think that would fly legally. No adoption needed... he is your father.

 

Have you looked into a non immigration lawyer? Seems you gotta get this birth certificate thing fixed first. I’m wondering if a new birth certificate can be issued with your bio fathers name now that you have DNA proof? I would also question the DNA/ Ancestry (assuming) kit you used. You may need a different type of kit to submit DNA for this purpose.

 

Im happy for you that you found your bio family, had the guts to reach out and were accepted as well. 

Edited June 11, 2020 by Luckycuds

[B&C2017 123]

1 hour ago, Abigail3 said:

I'm 50 years old and was born in Canada. I found out a year ago after DNA testing that the people who raised me were not my biological parents but my grandmother and step grandfather. Both they and my biological mother are deceased. There was no adoption but it appears my birth certificate was faked to show my grandparents names. I grew up without any other family contact since everyone knew about my situation.

 

Through DNA testing, I was able to find my biological father. He is American (4th gen and 3rd gen). My mother's family was Catholic and my father was Jewish. It appears anti-Semitism was part of what happened. My father had zero awareness of my existence (but is thrilled). He wants to legally adopt me.

 

I understand that because I am over 21, under law, I am not considered a US citizen. For the first time in my life, I feel like I have a family but they are all in the US. I have siblings, aunts and uncles and, of course, my father. I've now talked to/paid 10 different immigration lawyers only to be told that nothing can be done. If I want to relocate to the US, the history makes no difference. None were interested in even trying to take this further. 

 

I can't imagine that I'm the first person to be in a situation like this. Isn't there any way to get around it given special circumstances? 

Yeah, I think the problem is your age. Him adopting you won't make you eligible for a green card due to the following sentence in the I-130 instructions.

 

 

So I'd guess the only way would be if he could be added to your birth certificate as biological father. Unsure what the legal process would look like. I think he'd need to to file a affidavit of paternity with the court, but that requires the mothers signature (or if she refuses, the court could order a DNA test).

 

@Luckycuds recommendation to counsult a normal lawyer that handles stuff like that sounds like the way to go. Good luck!

Edited June 11, 2020 by B&C2017

[Abigail3 2]

21 minutes ago, B&C2017 said:

The tricky thing might be that he adopts you at such a late age. Not sure if it would be valid for immigration since you're not a child anymore.

Unfortunately, it has no bearing on immigration. He just wants to make things right.

21 minutes ago, B&C2017 said:

 

But in general, if he is your biological father and US citizen, he can petition for you even when you're over 21 and married.
It would be the Form I-130 and depending on your marital status, it would be a F1 (family perference, First preference) if unmarried or a F3 (family perference, third preference) if married (or divorced I'd assume). 
I think the issue would be to proove that he is your biological father as you can't just sumit a birth certificate. But if you have a valid DNA test I don't think this should be a major issue - but I could be completely wrong.

We do have a legal DNA test. The issue is citizenship here. If things had been done properly, I'd have had dual citizenship. I was told it would be 5-7 year wait with F1.

21 minutes ago, B&C2017 said:

Maybe a DNA test could also be used to proof fraud concerning the birth certificate? I even read the following online (which applies once a court given your father legal rights to be your father - not sure if this only applies to minors).

"Birth certificates can also be amended. So, if a father is not listed on the birth certificate at the time of birth, his name can be added to and he may sign the birth certificate at a later time. There is generally a fee to amend the original birth certificate and can take up to a month to receive the amended birth certificate."

Yup, I spoke with a lawyer about getting my birth certificate amended and it would be a big ordeal since my actual bio mother isn't listed properly either. The lawyer had suggested adult adoption as being the simplest way to fix this.

21 minutes ago, B&C2017 said:

 

I think the part that you would have to find out is, if he even needs to adopt you or if there is another way for him to legally become your father...
 

 

[Abigail3 2]

20 minutes ago, Luckycuds said:

I would question - how is he able to adopt you if he is your bio father? I don’t think that would fly legally. No adoption needed... he is your father.

He talked to family lawyer in California where he resides and this was suggested. 

20 minutes ago, Luckycuds said:

 

Have you looked into a non immigration lawyer? Seems you gotta get this birth certificate thing fixed first. I’m wondering if a new birth certificate can be issued with your bio fathers name now that you have DNA proof? I would also question the DNA/ Ancestry (assuming) kit you used. You may need a different type of kit to submit DNA for this purpose.

We actually started off with a legal DNA test since it was faster than using one of the DNA sites. Once we found each other, we didn't want to wait to know

 

20 minutes ago, Luckycuds said:

 

Im happy for you that you found your bio family, had the guts to reach out and were accepted as well. 

 

Thanks! It's been a wild experience. I'm more like him than the children he raised (who are young enough to be my children!). 

[SusieQQQ 11,587]

The thing with immigration is it is not just dependent on a biological link but on the actual relationship and legal relationship. Example an adopted child may sponsor her adoptive parents but not her biological parents. Not sure how it works when the severing of relationship was not, as it appears in this case, actually legal. However - and I have to say this upfront: if the lawyers can’t figure out a better solution than adoption /F1 (though surely a birth certificate amendment/F1 can be done? I find it odd that it seems a bigger hassle than adoption)  I don’t know that we are going to be able to. 
 

By the way when people say a “legal DNA” test - for immigration purposes, DNA tests are only acceptable when they are done by an accredited lab for a specific case (you need a case number and a letter from uscis to arrange the test so that the DNA lab can determine what is needed), and the results are sent directly to uscis.

 

Good luck! Hope you manage to sort this out.

 

 

Edited June 11, 2020 by SusieQQQ

[SusieQQQ 11,587]

Reading again and the problems of sponsoring after a late adoption 

Surely a family lawyer in Canada can assist with amending the birth certificate? After all you have proof it’s incorrect. It will probably take time and money, but so will everything else in this process.

After that is done be aware that the “late registration of birth” will lead to uscis requesting dna test as above!

[Mollie09 1,543]

Your case is pretty unique, but I'll summarize what I believe your only path forward is:

1- Get your birth certificate fixed in Canada, however that's done.

2- Once that's done, apply for an I-130 with the amended birth certificate that shows your father

3- Wait for them to ask for the DNA test, get one at an accredited lab

4- Wait for your visa

 

You are the adult child of a US citizen, none of this will be quick.

 

ETA: If you amend your BC, you might be able to argue you were a USC at birth, but I believe that would have had to be done before you turned 18.

Edited June 11, 2020 by Mollie09

[SusieQQQ 11,587]

17 minutes ago, Mollie09 said:

 

 

ETA: If you amend your BC, you might be able to argue you were a USC at birth, but I believe that would have had to be done before you turned 18.

If that’s even the case - don’t know the exact circumstances obviously (if father was living in Canada at the time or not) but being born in Canada plus indications that her biological parents were pretty young at the time (she says her other siblings are young enough to be her own children) does raise questions about whether the physical presence requirement would have been met by the time of her birth.

[SusieQQQ 11,587]

12 minutes ago, SusieQQQ said:

If that’s even the case - don’t know the exact circumstances obviously (if father was living in Canada at the time or not) but being born in Canada plus indications that her biological parents were pretty young at the time (she says her other siblings are young enough to be her own children) does raise questions about whether the physical presence requirement would have been met by the time of her birth.

Oh wait and there were even more complicated issues around legitimation back then. Even if the presence requirements were met I think legitimation would have needed to be done before she turned 18 for her to claim citizenship directly.

Edited June 11, 2020 by SusieQQQ

[databit 328]

Offering this because your bio father must be getting up there in age and it sounds like to want to get to the US quickly. While you're trying to figure out how to stay in the US long-term, in the meantime, check if your profession is on the NAFTA list. If you can get a US job offer, you could come to the US on a TN visa, obtained at the border. This is the fastest route.

[carmel34 3,654]

It's complicated but possibly you could qualify for US citizenship based on your father, it depends on the year you were born and also year you were legitimated, or maybe you can qualify based on your deceased mother if you can somehow prove the biological relationship.  You would need one or both parents' US birth certificates, perhaps other documentation or evidence.  Your biological mother or father would also have to meet US residency requirements.  See below from the USCIS policy manual (I'm assuming based on your age of 50 that you were born between 1952 and 1986).  Good luck!!

 

Child Born Out of Wedlock to Two U.S. Citizen Parents (Table 4 of 4)
PERIOD IN WHICH CHILD WAS BORN

ELIGIBILITY REQUIREMENTS

If both parents are U.S. citizens, the child may qualify under either parent. The child must meet the requirements for acquisition of citizenship under the mother OR the father; the child does not need to meet both requirements.

On or After

Dec. 24, 1952

 

and Prior To

Nov. 14, 1986

Citizenship through U.S. Citizen Mother

The mother had at least 1 year of continuous physical presence in the United States or OLP at any time prior to the child’s birth.

Citizenship through U.S. Citizen Father

The child was legitimated before age 21 under the laws of the father’s domicile; [7]

The child was legitimated PRIOR TO Nov. 14, 1986;

The child must be unmarried; and

Either parent resided in the United States at any time prior to the child’s birth.

[SusieQQQ 11,587]

16 minutes ago, carmel34 said:

 

Citizenship through U.S. Citizen Father

The child was legitimated before age 21 under the laws of the father’s domicile; [7]

The child was legitimated PRIOR TO Nov. 14, 1986;

The child must be unmarried; and

Either parent resided in the United States at any time prior to the child’s birth.

 As I’d suspected (thanks for looking it up) legitimation is the issue here. If they’ve only recently found each other, there is no way she was legitimated by her USC father before age 21/prior to 1986.

Edited June 11, 2020 by SusieQQQ

[dwheels76 5,469]

Just a note on DNA test, only AABB-accredited lab's will be accepted by Immigration and that's upon request.