Family member

[Allaboutwaiting 2,503]

1 hour ago, dnyal said:

I think some respondents might be complicating the issue too much. OP said that they were “registered.” I’m originally from Colombia, a country where there’s an agency called the National Registry. When you’re born at a hospital or clinic, the doctor who assisted your birth gives your mother what would be the actual birth certificate. It only lists your mother, not your father, since it is a medical document filled out by the doctor. They can only be sure who your mother is, so, medically, they can only list your mother; the doctor cannot assume who your father is because there isn’t medical evidence to attest to that. The parents then take the baby and the birth certificate to a National Registry office. There, the baby is issued a “civil registry of birth,” in which they list your mother as it is on your birth certificate. Your father can be ANYONE who shows up with the mother at that moment to claim you as his child. The civil registry is the legal document that gives you legal life under the law.

 

Although I’m talking specifically about Colombia, this legal procedure is common across many countries in Latin America and elsewhere. The problem arises because your civil registry is not quite the same as an American birth certificate, but it is used as an equivalent during your immigration process. And that’s the key word here: they’re equivalent, but your civil registry is NOT the same as an American birth certificate. Civil registries can be easily and legally modified after birth, while that’s hard to do for an American birth certificate. I’ve heard of lots of cases when someone’s biological father or mother showed up years later, and they go along with their now adult child to amend their civil registry; no adoption or court procedures are necessary. In rural areas, where some people use midwives instead of going to the hospital to give birth, you can register your child simply by showing up to the registry office with two witnesses; no doctor’s birth certificate necessary, either. You can also use a baptismal certificate, which was much more common decades ago, when baptizing children was a much more important thing (in the Catholic tradition) than taking them to the registry office. Frankly, I was registered at age 5, after my father’s death. My mother used my baptismal certificate (I was baptized when I turned 1) with my father’s name on it. It was all completely legal, and I explained so when I went to the U.S. embassy in Bogota for my K visa. I had no issue whatsoever. Now, imagine trying to get a birth certificate here in America for a 5-year-old whose father died, but you still want the father listed on the birth certificate.

 

With all this context explained, it doesn’t have to be the case that the OP’s father LIED and got a fraudulent “birth certificate.” He probably had his kids registered when they were already grown children, and both the father and the step mother both claimed to be OP’s parents. Legally, they ARE the OP’s parents, so OP didn’t necessarily LIE when they filed for naturalization; they  had to list their mother as it was on their registry. Their “birth certificate” (probably just a civil registry) could be amended in their home country to register the biological mother. This is the result of different legal systems and customs, not necessarily of malice. However, USCIS and the U.S. government have no obligation to abide or understand the intricacies of foreign governments. So, I suggest the OP to get an immigration lawyer with experience in this sort of cases. They’ll have to tread carefully and fully explain the situation to USCIS in order to have a chance of success.

I do appreciate you taking the time to write such a thorough explanation but that's an assumption as well. 

 

Unfortunately it is likely that the OP doesn't even know what actually went on. The little information he's given is contradictory which makes it difficult for anyone willing to help. 

 

I agree some things are not done out of malice but it is of utter importance to be fully aware of every mistake and fix them in a timely manner. The OP is past due. 

Edited February 12, 2022 by Allaboutwaiting

[neilsqueen 433]

Wonder if dad filed for N600 for her if she was 17 and not N400? Wonder if op is confused about which form. 

[Allaboutwaiting 2,503]

3 hours ago, neilsqueen said:

Wonder if dad filed for N600 for her if she was 17 and not N400? Wonder if op is confused about which form. 

OP is very confused, no doubt.

[arken 4,197]

OP, if you want a good answer, just look at what birth certificate your father used for your immigration process. Even for citizenship, they should have asked for your birth certificate before they granted you the citizenship. Check that birth certificate and see who is listed as your mother. All discussion about whether you it was n400 or n600 that was filed is pointless. You are a USC, case closed. If the birth certificate has your bio mother as your mother, petitioning your mother is easy. If it lists your step mother as your mother (lets say someone created the birth certificate with fake mother's name), you will need a very good attorney.

[Tizz 1]

9 minutes ago, arken said:

OP, if you want a good answer, just look at what birth certificate your father used for your immigration process. Even for citizenship, they should have asked for your birth certificate before they granted you the citizenship. Check that birth certificate and see who is listed as your mother. All discussion about whether you it was n400 or n600 that was filed is pointless. You are a USC, case closed. If the birth certificate has your bio mother as your mother, petitioning your mother is easy. If it lists your step mother as your mother (lets say someone created the birth certificate with fake mother's name), you will need a very good attorney.

Thanks! This is very helpful and informative. 

[Tizz 1]

My dad sponsored me when I was 13 years old and use my stepmother as my biological mother. I am a US citizen, can I sponsor my biological mom?

[Boiler 45,466]

You seem confused about your immigration history judging from your prior thread.

 

Have you worked out what happened?

[nastra30 2,284]

4 hours ago, Tizz said:

My dad sponsored me when I was 13 years old and use my stepmother as my biological mother. I am a US citizen, can I sponsor my biological mom?

Op, I read your other thread and some answers you provided were not clear enough to give you an informed advice. Though it seems to me your father was running the show on all misrep and fraud taking place and he knew exactly what he was doing. The big deal though is when you became a citizen whether at 17 or 18. You claimed you filed N400 at 17 years to naturalize which is not possible or perhaps it was something else. But then again, your answers were not clear enough.

Having said that you need to have that birth certificate corrected as a start and be ready to be scrutinized by USCIS. 

[nastra30 2,284]

Op; also, I feel this should just be a continuation of your other thread. I'll ask the mods to merge them.

[powerpuff 6,697]

Related threads merged. Please do not start multiple threads to ask same or related questions. Keep all the discussion in one place.

 

VJ Moderation 
 

[EM_Vandaveer 2,408]

On 2/12/2022 at 8:05 PM, dnyal said:

I think some respondents might be complicating the issue too much. OP said that they were “registered.” I’m originally from Colombia, a country where there’s an agency called the National Registry. When you’re born at a hospital or clinic, the doctor who assisted your birth gives your mother what would be the actual birth certificate. It only lists your mother, not your father, since it is a medical document filled out by the doctor. They can only be sure who your mother is, so, medically, they can only list your mother; the doctor cannot assume who your father is because there isn’t medical evidence to attest to that. The parents then take the baby and the birth certificate to a National Registry office. There, the baby is issued a “civil registry of birth,” in which they list your mother as it is on your birth certificate. Your father can be ANYONE who shows up with the mother at that moment to claim you as his child. The civil registry is the legal document that gives you legal life under the law.

 

Although I’m talking specifically about Colombia, this legal procedure is common across many countries in Latin America and elsewhere. The problem arises because your civil registry is not quite the same as an American birth certificate, but it is used as an equivalent during your immigration process. And that’s the key word here: they’re equivalent, but your civil registry is NOT the same as an American birth certificate. Civil registries can be easily and legally modified after birth, while that’s hard to do for an American birth certificate. I’ve heard of lots of cases when someone’s biological father or mother showed up years later, and they go along with their now adult child to amend their civil registry; no adoption or court procedures are necessary. In rural areas, where some people use midwives instead of going to the hospital to give birth, you can register your child simply by showing up to the registry office with two witnesses; no doctor’s birth certificate necessary, either. You can also use a baptismal certificate, which was much more common decades ago, when baptizing children was a much more important thing (in the Catholic tradition) than taking them to the registry office. Frankly, I was registered at age 5, after my father’s death. My mother used my baptismal certificate (I was baptized when I turned 1) with my father’s name on it. It was all completely legal, and I explained so when I went to the U.S. embassy in Bogota for my K visa. I had no issue whatsoever. Now, imagine trying to get a birth certificate here in America for a 5-year-old whose father died, but you still want the father listed on the birth certificate.

 

With all this context explained, it doesn’t have to be the case that the OP’s father LIED and got a fraudulent “birth certificate.” He probably had his kids registered when they were already grown children, and both the father and the step mother both claimed to be OP’s parents. Legally, they ARE the OP’s parents, so OP didn’t necessarily LIE when they filed for naturalization; they  had to list their mother as it was on their registry. Their “birth certificate” (probably just a civil registry) could be amended in their home country to register the biological mother. This is the result of different legal systems and customs, not necessarily of malice. However, USCIS and the U.S. government have no obligation to abide or understand the intricacies of foreign governments. So, I suggest the OP to get an immigration lawyer with experience in this sort of cases. They’ll have to tread carefully and fully explain the situation to USCIS in order to have a chance of success.

no, your mother is the person who gives birth to you...

[dnyal 32]

On 9/4/2023 at 11:03 AM, EM_Vandaveer said:

no, your mother is the person who gives birth to you...

That’s not precisely true in law. What you’re talking about is what the Code calls a “natural” parent. Adopted people have mothers who didn’t give birth to them. Legally, your mother is whoever is listed in your birth certificate/registry/adoption papers. You can see here and here the different definitions for “mother” that USCIS applies.

Edited November 30, 2023 by dnyal