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Filed: Country: Vietnam (no flag)
Timeline
Posted
13 hours ago, JonSeattle said:

It seems unjust that the father was deprived of a relationship with his daughter because her existence was concealed from him. A family lawyer might be aware of some case law that addresses that in other to make an exception to the limit of the child being 18 before the father's support is established.

A family lawyer is not qualified to address immigration issues.  An immigration lawyer is qualified to address immigration issues.  

Posted (edited)
44 minutes ago, aaron2020 said:

A family lawyer is not qualified to address immigration issues.  An immigration lawyer is qualified to address immigration issues.  

The birth certificate is not an immigration issue. The birth certificate issue is a correction of a fraudulent document. Once that is done, they can assess whether or not there may be any benefits that result from an immigration perspective. Just as I wouldn’t expect a family lawyer to address an immigration issue, I wouldn’t expect an immigration lawyer to address a family law (or whatever lawyer is best placed to fix this) issue. The birth certificate should be fixed regardless of any immigration outcome.  There is no one size fits all lawyer for the entirety of this, which involves two separate but possibly linked issues.

Edited by SusieQQQ
Filed: IR-5 Timeline
Posted
3 hours ago, SusieQQQ said:

The birth certificate is not an immigration issue. The birth certificate issue is a correction of a fraudulent document. Once that is done, they can assess whether or not there may be any benefits that result from an immigration perspective. Just as I wouldn’t expect a family lawyer to address an immigration issue, I wouldn’t expect an immigration lawyer to address a family law (or whatever lawyer is best placed to fix this) issue. The birth certificate should be fixed regardless of any immigration outcome.  There is no one size fits all lawyer for the entirety of this, which involves two separate but possibly linked issues.

I think the first step should be instead of “correcting” a fake birth certificate, the OP should obtain the genuine birth record and certificate which should resolve the main issue. 

04/21/20: IR-5 Submitted Online 

04/21/20: NOA1 Issued online

04/27/20: NOA1 Received via postal mail from Texas Service Center

04/27/20: Touched

04/28/20: Case Transferred to California Service Center

05/14/20: Touched 

05/15/20: Touched 

07/01/20: Touched

07/06/20: Touched 

07/06/20: RFE Issued (not available online)

07/16/20: RFE Received in Mail

07/20/20: DNA Done in USA

08/09/20: RFE Partial Response Submitted Online

08/26/20: RFE Partial Response Submitted via mail

09/01/20: Touched

10/28/21: DNA test results Received by USCIS

11/12/21: NOA2

Posted
10 minutes ago, onek said:

I think the first step should be instead of “correcting” a fake birth certificate, the OP should obtain the genuine birth record and certificate which should resolve the main issue. 

I did presume that if it was that simple it would have been done already. Sounded to me like it was the official record that they had put the fake information on. OP said  “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.”

Posted
11 minutes ago, SusieQQQ said:

I did presume that if it was that simple it would have been done already. Sounded to me like it was the official record that they had put the fake information on. OP said  “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.”

That's correct. As far as the government is concerned, what is on file is the accurate one. 

Filed: IR-5 Timeline
Posted
16 minutes ago, SusieQQQ said:

I did presume that if it was that simple it would have been done already. Sounded to me like it was the official record that they had put the fake information on. OP said  “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.”

Thanks for the clarification. There is a lot of talk about amending, correcting, or fixing the “fake” birth certificate, but no mention of trying to obtain the official genuine record. I just wanted to make sure that’s being considered. 
Otherwise, you guys are a lot more experienced :thumbs:

04/21/20: IR-5 Submitted Online 

04/21/20: NOA1 Issued online

04/27/20: NOA1 Received via postal mail from Texas Service Center

04/27/20: Touched

04/28/20: Case Transferred to California Service Center

05/14/20: Touched 

05/15/20: Touched 

07/01/20: Touched

07/06/20: Touched 

07/06/20: RFE Issued (not available online)

07/16/20: RFE Received in Mail

07/20/20: DNA Done in USA

08/09/20: RFE Partial Response Submitted Online

08/26/20: RFE Partial Response Submitted via mail

09/01/20: Touched

10/28/21: DNA test results Received by USCIS

11/12/21: NOA2

Posted
20 hours ago, JonSeattle said:

It seems unjust that the father was deprived of a relationship with his daughter because her existence was concealed from him. A family lawyer might be aware of some case law that addresses that in other to make an exception to the limit of the child being 18 before the father's support is established.

Conflating family law with immigration law again.

Posted

My fraternal grandfather (USC) was quite the "Lady's man".  I've met a bunch of his Mexican Kids.  None were able to immigrate to the US because they aged out.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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