May 26, 2008: I-130 for Father and DNA Testing Results
I-130 for Father and DNA Testing Results
I filed a petition for my father and they asked for a DNA test to prove the relationship between us because his name is not on my birth certificate. We did the test and it came back negative. He is not my father after all these years. The results have not been sent to the Embassy. What do I do now? Can my brother file for him although I have already filed for him?
This situation is not all that uncommon. The use of DNA testing to prove paternity is frequently required when the father’s name is not listed on the birth certificate.
Now that you know through this DNA test that this gentleman is not in fact your father, you are unable to petition for him. In the future, if you do file another petition for him with the knowledge that he is in fact not your father, you will be committing fraud. Likewise, you will be committing fraud if you continue with this petition hoping that the Embassy will not see the results of the test. Thus, it appears that this gentleman will not be able to obtain permanent resident status based on your petition because you do not meet the parent/child relationship requirements set forth by the United States Citizenship and Immigration Services for such a petition.
If this gentleman has a child that is a United States citizen and who is at least 21 years old, that child can file an immediate relative petition (Form I-130) on his behalf. The petition you filed on his behalf should not affect the future filing of a petition on his behalf. Before anyone files a petition on this gentleman’s behalf, it would be wise for both he and petitioner to consult with an experienced immigration attorney to discuss the process and the documents that will be necessary to prove the case.
Michael Shane and Evan Shane, Immigration Attorneys