POSSIBILITY OF REMOVAL OF A CHILD UNDER EB-3 VISA CATEGORY IF DNA TEST WILL FAIL

[Olori Oko 0]

WHAT HAPPENED WHEN US EMBASSY REQUESTED FOR A DNA TEST TO PROVE THE MATERNITY OF MY WAYWARD LATE BROTHER'S CHILD CLAIMED AS MINE?

 

I have my nephew listed on my application as my biological son and at the Visa Interview the CO requested that we should get a DNA test to show that the child is mine. Since birth, my brother and his girlfriend (mother) abandoned the baby with me as they described the poor boy as a mistake. In 2015, my brother eventually got killed in the cause of his hooliganism while all efforts made to trace the mother totally proved abortive even till date.

 

The boy is today 12 years old and in 2018 he was required to submit his birth certificate at the school, and I had no option left than to register his birth under my family's name. Thus, the birth certificate shows me and hubby as his mother and father respectively. This is the same birth certificate presented at the embassy.

 

I don't want to do the DNA test and need your advice pls.

Please what can I do at this point? 
Is there any possibility of removing the Child from my application?

[powerpuff 6,697]

I don’t see you being granted a visa.

 

You cannot refuse to comply with a DNA test and expect to be approved. If you refuse to comply, your visa will be denied. The fact that they’re requesting the DNA test shows that they have suspicions about your case.

You cannot “remove” the child anymore, even after the DNA will ‘fail’ (which it will - you are not the biological mother), you already claimed him as your biological son and tried to have the child immigrate with you. This is material misrepresentation and grounds for a lifetime ban. 
 

Sorry, I don’t see you being able to immigrate to the US at all. You should have been truthful from the very beginning and not list the child as your own no matter what the birth certificate said. 

Edited April 17, 2022 by powerpuff

[nastra30 2,284]

33 minutes ago, Olori Oko said:

WHAT HAPPENED WHEN US EMBASSY REQUESTED FOR A DNA TEST TO PROVE THE MATERNITY OF MY WAYWARD LATE BROTHER'S CHILD CLAIMED AS MINE?

 

I have my nephew listed on my application as my biological son and at the Visa Interview the CO requested that we should get a DNA test to show that the child is mine. Since birth, my brother and his girlfriend (mother) abandoned the baby with me as they described the poor boy as a mistake. In 2015, my brother eventually got killed in the cause of his hooliganism while all efforts made to trace the mother totally proved abortive even till date.

 

The boy is today 12 years old and in 2018 he was required to submit his birth certificate at the school, and I had no option left than to register his birth under my family's name. Thus, the birth certificate shows me and hubby as his mother and father respectively. This is the same birth certificate presented at the embassy.

 

I don't want to do the DNA test and need your advice pls.

Please what can I do at this point? 
Is there any possibility of removing the Child from my application?

Wait.

You lied on your application that someone else's child is your biological child and you presented a fake birth certificate to substantiate the lie? And now the USEM wants you to do a DNA as proof of biological relationship and because you know the DNA will find out the truth you want to remove the child from your application?

If my understanding is correct nobody on the application is ever going to get a visa. 

Edited April 17, 2022 by nastra30

[NigeriaorBust 4,087]

   At this point there is no undoing your lie.   You will be extremely lucky if your record doesn't get you a permanent bar to getting any visa to the US.  You didn't bother to adopt the child when the father died and make things right.  

[Evetskomplitz 6]

Can one just abandon this application and file afresh without the child? 

[S9471 60]

17 minutes ago, Evetskomplitz said:

Can one just abandon this application and file afresh without the child? 

no>? because they will still provide personal infomration that will match the two different applications. besides, this would be classified as visa fraud

[powerpuff 6,697]

14 minutes ago, Evetskomplitz said:

Can one just abandon this application and file afresh without the child? 

No. They will review all past applications and, understandably, have a lot of questions as to why the child vanished from the new application and why the applicant failed to do the DNA test last time 

[Timona 4,207]

1 hour ago, Olori Oko said:

The boy is today 12 years old and in 2018 he was required to submit his birth certificate at the school, and I had no option left than to register his birth under my family's name. Thus, the birth certificate shows me and hubby as his mother and father respectively. This is the same birth certificate presented at the embassy.

 

My uncle died way back in 2003, I think, and my mom assumed caretaker role of his 3 sons. She enrolled them in school. Nowhere was she barred from registering them until "my cousins had the same family name as us." 

 

Additionally, a lot of people support orphans through school. Never heard of the school requiring that the kid must have same name as the sponsors...

 

You shot yourself here, unfortunately....

[nastra30 2,284]

45 minutes ago, Evetskomplitz said:

Can one just abandon this application and file afresh without the child? 

It's not going to work. The consular officers will not just put aside any previous applications. They'll look into any historical applications and documents.

[Rocio0010 5,579]

2 hours ago, Olori Oko said:

and I had no option left than to register his birth under my family's name.

I’m not from Nigeria, but I’m pretty sure that there is a way to register a child at school without having to forfeit a bc. Otherwise, what would true  orphans do? 

 

2 hours ago, Olori Oko said:

Is there any possibility of removing the Child from my application?

I believe most, if not all, applications, are stored and the file receives a case number. What’s there is there. Even if you submitted a new, fresh application without the child, it’s in your records. 
If your story is true, the first you need to do is to amend the situation with the birth certificate. Even if you don’t proceed with your visa application. 
And no, if you refuse to do a DNA test, your application will be denied 

[Timona 4,207]

Have you ever submitted a petition or had a petition submitted on your behalf by someone. If so, when was that? Eg B1/B2, K-1, CR-1 etc @Olori Oko

[Boiler 45,482]

I would imagine that nothing would happen in that the Consulate having requested a DNA will just sit on it until it is received.

 

Have you notified your employer?

[Cathi 5,747]

3 hours ago, Evetskomplitz said:

Can one just abandon this application and file afresh without the child? 

And abandon the poor child? 

[JeanneAdil 6,498]

Upsets me that the poster would want to get to the US bad enough to think to disown a 12 year old and leave him in Nigeria when the OP is the only parent he knows

 

Just now, Cathi said:

And abandon the poor child? 

thats what i was writing about

[Cathi 5,747]

1 minute ago, JeanneAdil said:

Upsets me that the poster would want to get to the US bad enough to think to disown a 12 year old and leave him in Nigeria when the OP is the only parent he knows

 

thats what i was writing about

That's the part that bothers me the most about this entire thread.