Father Not on My Birth Certificate and 212(6)(C)(i)/235(b)(1)

#1
Hello,

I am a U.S Citizen and I want to petition my father who lives in the Philippines. However, his name is not on my birth certificate due to a certain law, called The Philippine Family Code, according to my mother. To sum it up, my mother and father do not have a legitimate marriage. My father is still lawfully married to his "wife", but have been separated for more than 30 years now. I was wondering if there was a way to get his name onto my birth certificate to make it easier to apply for the I-130, or should I just apply without it?

Another issue that I am coming across is that he has finished his 5 year ban under the section 235(b)(1). This ban was issued back in 2009. I was wondering if there would be a problem with him coming back to the United states. He was essentially secretly "ratted" out by someone who wrote to the government, or whomever, that he was trying to extend his stay out of anger. However, that person, not disclosing this information to him, and my father ended up going back together to the Philippines anyway, and he was detained on their way back.

I wanted to know if anyone has ever come across my situation or know any information on it. I would really appreciate all the help. (I know that getting a lawyer is more advisable in this complicated a situation, but getting the cash is rough).

Thanks!
 

newacct

Well-Known Member
#2
You can petition him without him being on your birth certificate. To prove a father-child relationship where you were born out of wedlock and you were not legitimated, you need to show a bona-fide relationship with your father before you turned 21. See 8 CFR 204.2(f)(2)(iii).

If a ban is over, nothing special needs to be done about it. He would need to say Yes to any questions asking if he had been removed. Unless he has another ban, he shouldn't have problems immigrating. You mentioned INA 212(a)(6)(C)(i), which is the lifetime ban for fraud or material misrepresentation. Do you have reason to believe he has committed fraud or material misrepresentation? An immigrant waiver for that ban is only possible if he can show that his spouse or parent who is a US citizen or permanent resident would suffer "extreme hardship" if he were not in the US. Does he have such a spouse or parent?
 
#3
Do you have reason to believe he has committed fraud or material misrepresentation? An immigrant waiver for that ban is only possible if he can show that his spouse or parent who is a US citizen or permanent resident would suffer "extreme hardship" if he were not in the US. Does he have such a spouse or parent?
Thank you for replying, truly.
I do not believe that he has committed any fraud or material misrepresentation. However, he does not have a legal spouse or a parent who is a US citizen. Also, I'm not sure if this is important information but his notice also includes 212(a)(7)(A)(i)(I), which I accidentally omitted. Would you suggest I still try consulting with an immigration lawyer or would this be a lost cause?
 

newacct

Well-Known Member
#4
Also, I'm not sure if this is important information but his notice also includes 212(a)(7)(A)(i)(I), which I accidentally omitted.
That just means he was denied that time for failure to overcome the presumption of immigrant intent (the generic reason they use to deny visas or deny entry to nonimmigrants for anything they don't like). It is not a ban; it applies to that entry only. However, since he was removed (instead of being allowed to voluntarily depart), that automatically triggered a 5-year ban under INA 212(a)(9)(A)(i), which is now over. Nothing here tells us whether he has a ban for fraud or material misrepresentation or not. Assuming that he does not have that ban, he can just immigrate as usual, without needing any waivers (since there is no ban to waive).
 
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