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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3956
Experience:  Private practice in several areas, including immigration
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Is there any possibility that my biological father can claim

Customer Question

Is there any possibility that my biological father can claim me so that I can become a permanent legal U.S. resident since I have DACA and he has been a permanent legal U.S. resident for years with clean record?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

Unfortunately I'm not going to have very good news about this for you. I hope you can understand that I don't make the law and I am only here to explain it to you honestly.

There are a few issues with your biological dad petitioning for you. First, there is the issue of legitimacy. In order for him to be able to petition for you, he would have to prove that he either married your mother at some point or if not he has to show that he legitimized you separately before you turned 18. To do that, he would have had to support you and show that he had a relationship with you before you turned 18. If not, a petition from him to you would likely be denied. Either way, let's say that you he did legitimize you, you would still have another issue. Since you are technically out of legal status now, even though you have DACA, even if he petitions you, you would not be able to get your green card in the US when you are out of status and the petition is from a permanent resident. To get a green card in the US through a permanent resident's petition, you have to currently be in legal status (not DACA). If he were a US citizen and he had legitimized you, then you had a better chance. As a US citizen, he could petition you and you would be allowed to get your permanent residency in the US if you entered legally with a visa or if not you would be eligible for a waiver.. AND also you must be under 21 when he petitions you. Since he is not a citizen and did not legitimize you unfortunately it wouldn't work.

However, just so you know- if you ever marry a US citizen in the US for love, he can petition for you even if you entered illegally. It is an easier process if you entered legally with a visa, but if not you still have good options. If it ever happens, I can explain the process to you in a new question. If you have this question later or other new questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write my name in the Subject Line.

Good luck to you during this process and I hope this answer has helped you!

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