For Guillermo J. SenmartinHello, 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!
State/Country relating to question: California
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:
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:
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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?
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.
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?
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.
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?
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.
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?
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:
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10+ years of experience in various aspects of U.S. Immigration Law.
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