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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107180
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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For Guillermo J. Senmartin Hello, My aunt entered the U.S.

Resolved Question:

For Guillermo J. Senmartin

Hello, My aunt entered the U.S. legally (Visa) years ago, and is now an illegal status. Her son became a U.S. Citizen (born in Mexico), and is now in the Army. The problem is that my aunt (Maria) does not appear in her son's birth certificate, because her mother (grandma) put herself on the birth certificate. Maria was young and single and the mother did not want to be shamed by her daughter's event. However, Maria has appeared on all other documents (schools, doctors) as the mother.

How does he petition Maria? What are her options in proving that she is her son's biological mother? The son is willing to cooperate in any way to help petition his mother. The grandma passed away years ago, but Maria's sister and brothers, and relatives are aware of the truth.

thank you!
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.

She will probably need a revised birth certificate and even then, they will probably want a DNA test. Here is a link in regards XXXXX XXXXX:

 

http://travel.state.gov/visa/immigrants/info/info_1337.html

 

If this can all be proven, then it would probably take around a year or so for her to be able to immigrate. Here is a link in regards XXXXX XXXXX process:

 

http://travel.state.gov/visa/immigrants/types/types_1306.html

 

Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge, if not, please do not forget to click ACCEPT. I am not paid a salary. Clicking accept is the only way that I can get paid for helping you. When you click accept, you are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. If you would like to request me in the future, just put my name on the subject line. Positive feedback for my service to you (not the state of the law as it is) is always appreciated as well as any bonus if you think I deserve it. Thank you.

Customer: replied 4 years ago.

If they submit a DNA along with affidavits from her son, herself, and family relatives that can validate that she is the biological mother...can they file an I-130 petition?

Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
I would say yes. They may require additional evidence and if they do, they will let you know in what is called a "Request For Evidence" or RFE. Please let me know if you have any additional questions and please do not forget to click accept. Thank you.
Customer: replied 4 years ago.
Since she entered the U.S. legally & has no criminal record, could her son just go ahead & submit the I-130 along with I-485 & I-765, so she can get a work permit while her case is being determined?
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
It is possible, yes. They might hold on granting the work permit until the RFE is responded to, but they might not. Please let me know if you have any additional questions and please do not forget to click accept. Thank you.
Customer: replied 4 years ago.
If Maria & son are required to eventually submit a corrected birth certificate, can the Mexican consulate help them with this matter...since Maria is here as an illegal?
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
Probably so, yes, but that I cannot tell you with any certainty because I am a U.S. Immigration law attorney, not a Mexican law attorney. Please do not forget to click accept. Thank you.
Customer: replied 4 years ago.
On the DNA test, can they go to any DNA laboratory/clinic? Or does immigration require a recognized DNA lab/clinic like when one takes a medical exam?
Or would an INS certified medical examiner be able to conduct a DNA test?
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.

The link that I gave you about DNA testing states that it has to be an accredited facility. There is a link on that page on how to find an accredited facility. Here is the link again:

 

http://travel.state.gov/visa/immigrants/info/info_1337.html

 

Please do not forget to click accept. It is the only way that I get paid and we can continue to communicate without additional charge even after you do. Thank you.

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