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Petitioning for Non-Citizen Child's Green Card: Does Dad Need a Paternity Test?

The task of petitioning for your non-citizen child to obtain a green card or United States residency can be intimidating. While there are several requirements, One common question fathers have is whether they need a paternity test.


The short answer is that it depends!


Depending on the specific circumstances of your case, you may or may not need a paternity test. Generally, a paternity test is not required for a father to petition for their non-citizen child. However, if there is any doubt about the biological relationship between you and your child, a paternity test may be required to establish your legal standing as the child's father.

  • U.S. Citizenship and Immigration Services (USCIS): USCIS typically requires a DNA test if the father's name isn't on the child's birth certificate.
  • U.S. Department of State: The Department of State may also require a DNA test for children born abroad to U.S. citizen fathers to verify the relationship.

Under normal circumstances, as the child's father, you are already listed on the child's birth certificate or have other documentation proving your relationship to the child, which may eliminate the need for a paternity test. If there is no name in the place of 'father' on the child's birth certificate, you may be able to have your name added by applying (with the signed approval of the child's mother) at the record department in the respective locale of your child's birth.


Every case is different, therefore, it is important to consult with an experienced immigration attorney who can guide you through the process and advise you on the best course of action based on your specific circumstances.


Requirements


The general requirements that are necessary to petition for your non-citizen child to obtain a green card or United States residency include:


- You must be a United States citizen or lawful permanent resident.

- You must be the parent of the child.

- The child must be under the age of 21 and unmarried.

- You must have the financial ability to support the child.

- You must provide evidence of a bona fide parent-child relationship.


Establishing a parent-child relationship can be done in several ways. If you are the biological father, then provide a birth certificate with your name listed as the father. If you are not the biological father but you have legally adopted the child, then providing adoption papers can help establish your relationship.


In addition, providing evidence of your involvement in the child's life can also help establish a parent-child relationship. This can include photographs, school records, medical records, or affidavits from friends and family members attesting to your involvement in the child's upbringing.


Conclusion


In conclusion, while a paternity test may be necessary in certain circumstances, it is not a requirement of the United States Citizen and Immigration Services (USCIS) application process when petitioning for a non-citizen child to obtain a green card or United States residency.


It is crucial to consult with an experienced immigration attorney who can guide you through the process and help you establish your legal standing as the child's father. By providing evidence of a bona fide parent-child relationship, you can increase your chances of success in your petition.




Disclaimer: This information is intended for general knowledge and informational purposes only, and does not constitute legal advice. It's essential to consult with an attorney for personalized guidance on your specific situation.

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