Legal Question in Immigration Law in California

Hello I am a US citizen male for 6 years I got (5 year LPR) thru my father who was also a USC. My daughter is a Mexican national she is 19 I have not seen her for 18 years, her mother took her away(she was born out of wedlock but has my lastname).The immigration/tax preparer never put her on the application and I did not review it. And my IO at the interview never brought it up. Can I still petition for her to get a GC? And what would be the consequences of that mistake for me?thank you

Asked on 5/21/13, 1:10 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

USCIS probably will not dig up your natz file in order to see if you listed her as your child. However, it could certainly bring up some potential fraud issues if they did.

More problematic for you is proving you are her biological father. Are you on the birth certificate? If she is in Mexico now, the U.S. Consulate may want a DNA test performed, since she was born out of wedlock.

Do you have contact with her now?

Also, if she is married, then it will take longer to petition her, as well.

I suggest you speak with an experienced Immigration Attorney in your area & provide him/her with all the details, including a copy of the child's birth certificate.

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Answered on 5/21/13, 1:30 pm

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