Petitioning my son Father

[Anonymous9999 2]

my son came to the US when he was 11 year old.  He was born out of wedlock, but his name is in his birth certificate.  The last time he saw his dad was when he was 6 years old. After 16 years of no communication, his dad found him on FB, they started talking and decided he wants to bring him here.  His dad has now a family and has 2 kids. Is it possible to bring him here.  Also, he has been diagnosed with hepa B.  

[milimelo 4,477]

Your son can't petition him until he turns 21. Even then, he can only petition his father (about two year wait), potentially half-siblings (20+ year wait).  

[Mike E 11,739]

27 minutes ago, Anonymous9999 said:

it possible to bring him here

Bring who?

 

Your son or his father?

[Anonymous9999 2]

He wants to  bring his father, he is now 24.  I wonder if the 16 years without communication would be a questioned. 

[Mike E 11,739]

Just now, Anonymous9999 said:

He wants to  bring his father, he is now 24.  I wonder if the 16 years without communication would be a questioned. 

1. Before he (the son) reached age 18, did his father in writing:

 

A: acknowledge his son as his own

 

B. agree to provide financial support to his son?

 

2. Did is his father marry his current spouse before he (the son) reached age 18?

[Anonymous9999 2]

1.  last communication was when he was 6 years old.

2.  He acknowledge him, financially supported him. But I don't have anymore proof.  

3. He never write any letter, he does not know where we are, we lost contact for 16 years.

4.  Yes, he got married  before he turns 18. 

Thank You.

Edited August 21, 2023 by Anonymous9999

[Mike E 11,739]

4 minutes ago, Anonymous9999 said:

2.  He acknowledge him, financially supported him. But I don't have anymore proof.  

If the father legitimated his son according to the laws of the country where the son was born, possible the son can successfully petition his father.

7 minutes ago, Anonymous9999 said:

 

Yes, he got married  before he turns 18. 

 If the son was legitimated before age 18, he can possibly petition his step parent. 

[Anonymous9999 2]

k

Edited August 21, 2023 by Anonymous9999

[Mike E 11,739]

1 minute ago, Anonymous9999 said:

How did he become legitimated?

Where did I say the son became legitimated?

 

The U.S. government has a universal standard for legitimation:

 

32 minutes ago, Mike E said:

Before he (the son) reached age 18, did his father in writing:

 

A: acknowledge his son as his own

 

B. agree to provide financial support to his son?

 

 and if that standard is not met, it will recognize legitimation according to the laws of  country of birth.

 

You or he are going to have to figure out if your son’s father legitimated his son.

[Anonymous9999 2]

Sorry Mike, I am confused. In my understanding, he will be legitimated if I was married to his father. But we did not get married. We just live together maybe just a year.   

[Mike E 11,739]

14 minutes ago, Anonymous9999 said:

Sorry Mike, I am confused. In my understanding, he will be legitimated if I was married to his father. But we did not get married. We just live together maybe just a year.   

Getting married is one way to legitimate a child born out of wedlock.

 

Acknowledging the child and agreeing to provide financial support to child is another. A third way depends on the laws the country where the child was born. 
 

https://www.uscis.gov/family/family-of-us-citizens/bringing-parents-to-live-in-the-united-states-as-permanent-residents

 

Evidence that you were legitimated before your 18th birthday through the marriage of your natural parents, the laws of your state or country (of birth or residence), or the laws of your father’s state or country (of birth or residence)

 

The link also says:

 

 

father lives outside the United States and you were born out of wedlock and were not legitimated by your father before your 18th birthday,	Form I-130 A copy of your birth certificate showing your name and your father's name A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States Evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21, whichever came first

Edited August 21, 2023 by Mike E

[Chancy 6,241]

On 8/21/2023 at 8:20 AM, Mike E said:

A third way depends on the laws the country where the child was born.

 

In the Philippines, the only way to legitimate a child born out of wedlock is for the biological parents to get married.  To petition his father, OP's child will have to rely on evidence of acknowledgement of paternity (seems he has this, based on his PSA birth certificate) and documentation of financial support or continuing parental interest (iffy, given the lack of communication for 16 years).

 

[Mike E 11,739]

I do not know where the child was born or where the father resided at the time the son was a minor, so I was not about to rule out a third way to legitimate the son.
 

In any case, since it appears there was a relationship of sorts between the father and son before the latter reached age 21, the possibility the son can petition the father is in play.

Edited August 22, 2023 by Mike E

[Anonymous9999 2]

Yes, that is the worry. No communication for the last 16 years. No financial support. I am not sure if this could lead into denial.

[Mike E 11,739]

1 hour ago, Anonymous9999 said:

Yes, that is the worry. No communication for the last 16 years. No financial support. I am not sure if this could lead into denial.

He will not know until he tries