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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108705
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I gave birth to a girl 40 years ago out of wedlock in

Customer Question

I gave birth to a girl 40 years ago out of wedlock in Vietnam. I was very poor and I could not take care of her that time so her father took the girl with her and raised her. I lost contact with her since then. Five years ago I found her and kept in touch and supported her since then. I am a U.S citizen now and I would like to know that I can sponsor her to immigrate here with me. The problem is her birth certificate does not have my name. She had the stepmother name on her birth certificate. Last year I did make a DNA test for me and her and it turned out she is my biological daughter. thank you very much.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Is she married or single?

Customer: replied 11 months ago.
she divorced and have a 12 years old girl. I forgot to let you know that her father died 7 years ago.
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Well, you can petition for her and your grandchild as well, it will just take a few years to get them here to the U.S. because your daughter is over 21. Here is a link to the process:

It is looking like it will take about 7 years for that process and unfortunately, there is nothing that you can do to speed that up. It is a waiting line of people that have applied before you and no one can jump ahead of anyone else in line, not even in an emergency. Here is another link:

And another:

So I believe you can petition as long as there as no formal adoption that took place. It will just take a number of years before they can immigrate.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 11 months ago.
what you told me I already knew. The problem is my daughter did not have a birth certificate with my name on it. It had the step mother on her birth certificate. How are you going to file a petition for her without her birth certificate with my name on it to prove that I am her mother?
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

That's why I sent you the DNA testing proceedures for the U.S. Department of State. You submit her birth certificate but the evidence of the DNA testing done through the proper procedure and a letter explaining that happened in this situation. You may also try to have the birth certificate amended in Vietnam, but the U.S. will probably still want to see DNA testing done through their process.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello Tommy. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!