Legal Question in Immigration Law in California

After waiting 4 years, my removal proceeding case was finally dismissed this year 2010.

I received my work authorization a few months ago.

My wife gave birth to our first child last January 2010. She recently confessed to me that I wasn't the father. My wife left the father's name blank on the birth certificate. Out of guilt or she's not even sure who the father is, I don't know. Since my petition is based on marriage, we went through my AOS interview last month and it did not turn out good. I was asked if I had a child, I said, NO! My wife was asked is she has a child, she said, YES. And was asked when she gave birth.She said January this year.We were asked to produce the birth certificate.

I just lost it, I said it's not my child, I am not the father, so why do they need the birth certificate.

We never lied about it. The interview ended there. We submitted the child's birth certificate by mail as requested. We are to wait 90 days for a decision. What are my chances? If I get denied, am I able to appeal?


Asked on 10/04/10, 9:20 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Yes, if denied, you have an option to appeal the denial or file a motion to reconsider.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. To schedule a consultation or for more information, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 10/09/10, 9:38 pm
Terrence Thorgaard Thorgaard Law Firm

Your petition is based on marriage, not on whether you have a child. So the fact that she had a child by another man would be only one factor in deciding your petition. Did you make it clear that you had thought the child was yours until she told you otherwise last January?

You are, legally speaking, the father, by the way. This would be true assuming that the two of you were married at the time the child was born.

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Answered on 10/09/10, 10:34 pm


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