Daughter under 21

[skhalid1 0]

Hi I am U.S citizen. I have a question regarding calling my daughter in U.S who is under 21. She is my biological daughter, but when she born after one month we gave her to my wife's mother and all of her responsibilites were on my mother in law. They did not adopt my daughter legally, but it is a common practice in Pakistan. We never mentioned her name when our immigration came in as she did not want to leave her grand mother. Now the situation is my mother in law is very old and sick, and she can no longer take care of her. I want to call my daughter here now, and she is my biological child. Can i file for her?

[newacct 688]

There is a problem if you didn't list her name on immigration forms that asked about all your children, because then you lied on the form.

Edited January 14, 2016 by newacct

[skhalid1 0]

But it is a common practice in Pakistan, she is my biological daughter. There is nothing that can be done about this now?

[Transborderwife 4,666]

But it is a common practice in Pakistan, she is my biological daughter. There is nothing that can be done about this now?

It doesn't matter. You misrepresented yourself

[belinda63 3,055]

You can file for her and you might succeed but expect to be required to do a DNA test at the very least.

[Boiler 48,214]

she is my biological daughter.

Exactly, which was the question asked.

[aaron2020 11,652]

There is a problem if you didn't list her name on immigration forms that asked about all your children, because then you lied on the form.

It doesn't matter. You misrepresented yourself

What is up with the scare tactics?

While the omission of his daugher may be a misrepresentation, it was not a material misrepresentation that would have prevented the issuance of his visa. So, stop giving BS answers. You both have been on this board long enough to know the difference between a material misrepresentation and one that is not.

Edited January 17, 2016 by aaron2020

[skhalid1 0]

But we did not have any intention to take her back, and we never claim her on the taxes in Pakistan or in USA. Now we are in unusual situation that we never thought about before. We would not have any issue regarding DNA exam. My only concern was is should I directly file for her or discuss the situation with USCIS representative?

[aaron2020 11,652]

But it is a common practice in Pakistan, she is my biological daughter. There is nothing that can be done about this now?

Who are listed as her biological parents on her birth certificate?

How old is she?

Is she married?

[aaron2020 11,652]

But we did not have any intention to take her back, and we never claim her on the taxes in Pakistan or in USA. Now we are in unusual situation that we never thought about before. We would not have any issue regarding DNA exam. My only concern was is should I directly file for her or discuss the situation with USCIS representative?

Why would you discuss this with a USCIS representative? It's not their job to explain things or help you. Their job is to process the paperwork you file only. The USCIS representative has nothing to discuss with you if you do not have a case before them.

If you want advice, then hire an immigration lawyer.

[skhalid1 0]

Me and my wife are listed as biological parents. She is unmarried, and her age is 19.

[aaron2020 11,652]

Me and my wife are listed as biological parents. She is unmarried, and her age is 19.

You do not have a problem.

The problem arise when people puts the grandparents down as the parents on the birth certificate and later wants to bring their child to the US. You do not have this problem.

You and your wife have a daughter. You and your wife are listed as the parents on her birth certificate. Although you did not list her on your visa application, you did not make a material misrepresentation. Go ahead and file for your daughter. You might be asked for a DNA test. You will be fine.

Are you or your wife a US citizen?

[skhalid1 0]

Thank you for your detailed answer. I am US citizen, and my wife is Permanent resident. We file combine taxes every year.

[netkit 0]

Thank you for your detailed answer. I am US citizen, and my wife is Permanent resident. We file combine taxes every year.

If you are going to file petition for her then it is better that both parents apply separately. You file for F1 category and your wife should file under F2A category as waiting time to get visa is different in both cases.

Edited January 17, 2016 by netkit

[aaron2020 11,652]

If you are going to file petition for her then it is better that both parents apply separately. You file for F1 category and your wife should file under F2A category as waiting time to get visa is different in both cases.

His daughter is 19. When he files for her, it's an Immediate Relative case. 6-12 months for an immigration visa.

F1 is for those over 21.