My son was denied I 190

[Ade Omoba 0]

My son was denied I-190 due to the reason given by USCIS - I need a lawyer that can assist the the re-application, as at the time of his application, I was a Green Card holder but I am now a US citizen and I need to bring him in 

Please see the reason provided by USCIS for denying my son 

 

Evidence of Paternity
To establish a valid father/child relationship, biological paternity must first be established. While the
evidence submitted shows that you may be considered legitimated or that you have a bona fide
relationship with the beneficiary, it does not show that a biological father/child relationship exists
because the evidence submitted was created after the date of our evidence request and therefore not
persuasive enough to establish the claimed relationship. Our request was for the oldest available
evidence. Furthermore, we outlined the secondary evidence that could help establish your claim. You
did not submit any of the listed secondary evidence.
You have not established that you are the biological father of _____ _____.
Therefore, you have not shown that the beneficiary can be classified as a “child” as defined in INA
Section 101(b)(1).
USCIS has determined that you have not submitted sufficient evidence to establish the claimed
relationship and/or eligibility for the benefit sought and your petition is denied.
In visa petition proceedings, the petitioner bears the burden of establishing eligibility for the benefits
sought. See Matter of Brantigan, 11 I&N Dec. 493 (BIA 1966).

Edited March 28, 2022 by TBoneTX
person's name removed

[Timona 4,208]

Why didn't you just give them what they asked? Simple 

[TBoneTX 45,959]

A post in this VERY public forum has been edited to remove someone's name.

[Rocio0010 5,616]

You should have given them what they asked for. They did give you a chance. What did you submit with the application? We need more information (leave out personal details) to assist.

[Ade Omoba 0]

35 minutes ago, Rocio0010 said:

You should have given them what they asked for. They did give you a chance. What did you submit with the application? We need more information (leave out personal details) to assist.

Well, I gave them all that I have at the time, I do not have all those documents at birth as all his documents got burnt in a fire accident that happened at that time. I am planning to reapply, Do I need to do a DNA test when I am starting the application again 

[Rocio0010 5,616]

Sorry about the fire and hope everyone got out safely. Hindsight 20/20, but once you are out of the initial trauma, you should have obtained a copy of the birth certificate. Even if you are not dealing with immigration, a birth certificate is a critical document to have. Before reapplying, make sure you do have all those documents that are missing. There is no point in reapplying if you do not fix the issue. I am honestly not sure whether a DNA test of and on itself will mend the issue -this is not a DIY anymore and better let a competent attorney handle it. But make sure you obtain a certified copy of the birth certificate. You might also want to check what documents from your country USCIS accepts when a birth certificate is missing

[Ade Omoba 0]

33 minutes ago, Rocio0010 said:

Sorry about the fire and hope everyone got out safely. Hindsight 20/20, but once you are out of the initial trauma, you should have obtained a copy of the birth certificate. Even if you are not dealing with immigration, a birth certificate is a critical document to have. Before reapplying, make sure you do have all those documents that are missing. There is no point in reapplying if you do not fix the issue. I am honestly not sure whether a DNA test of and on itself will mend the issue -this is not a DIY anymore and better let a competent attorney handle it. But make sure you obtain a certified copy of the birth certificate. You might also want to check what documents from your country USCIS accepts when a birth certificate is missing

Well I submitted all they required from including the birth certificate I got from the National Population commission of Nigeria  

 

Anyways, I’m reapplying and I probably would need service if Immigration lawyer to do the cover explanation, my question is do I need to do DNA 

[Family 4,156]

10 hours ago, Ade Omoba said:

evidence submitted was created after the

Your original post / question says you are looking for an attorney to help you…it also pinpoints EXACT reasons for denial. 
If your first attempt was DIY , or w “ help” ..maybe getting legal help is your best course..

You also posted  a ref to “I 190 “ and though it may be an innocent typo..it does/can/would create problems/delays at any stage. 

[Demise 1,330]

2 minutes ago, Ade Omoba said:

Well I submitted all they required from including the birth certificate I got from the National Population commission of Nigeria  

 

Anyways, I’m reapplying and I probably would need service if Immigration lawyer to do the cover explanation, my question is do I need to do DNA 

Well there's your problem, Nigeria is what US considers a high fraud country so USCIS tends to look under the microscope for any claimed family relationship.

 

Just do the DNA test.

[Family 4,156]

3 minutes ago, Ade Omoba said:

Immigration lawyer to do the cover explanation, my question is do I need to do DNA 

Your new attorney will review denial and most likely advise you WHAT evidence to obtain w new submission . 
 

DNA can only be submitted IF /WHEN requested by USCIS or DOS…not before. 

[Rocio0010 5,616]

3 minutes ago, Family said:

DNA can only be submitted IF /WHEN requested by USCIS or DOS…not before. 

Good to know this!

[Family 4,156]

5 minutes ago, Demise said:

Nigeria is what US considers a high fraud country so USCIS tends to look under the microscope for any claimed family relationship.

Yup

[Rocio0010 5,616]

32 minutes ago, Ade Omoba said:

Well I submitted all they required from including the birth certificate I got from the National Population commission of Nigeria 

Then why did they deny you if you submitted “all the required forms”?

[carmel34 3,650]

it does not show that a biological father/child relationship exists
because the evidence submitted was created after the date of our evidence request and therefore not
persuasive enough to establish the claimed relationship. Our request was for the oldest available
evidence. Furthermore, we outlined the secondary evidence that could help establish your claim. You
did not submit any of the listed secondary evidence.

 

This section of the denial notice is key.  Use the list of acceptable secondary evidence as a guide, or work with an attorney to get as many of those documents that you can.  Since it is a high-fraud country, they are understandably very suspicious of any documents created recently.  Document forgery is a big business in Nigeria based on many posts here on VJ.  So focus your energy on locating any old, existing documents that you can find from the list they sent you.  Good luck!

[mam521 2,153]

6 hours ago, Rocio0010 said:

Good to know this!

IIRC, the DNA evidence can only be collected and analyzed specific labs as per USCIS or DOS request.  It's pretty serious business.