Bringing Parent over Absent Birth Certificate

[Amhara 460]

Hello,

 

My husband will be applying to bring mom-in-law to the States sometime next year.  He has a tazikra that lists his dad's name only, who is deceased, and it was issued when he was 13 or so.  There is no marriage certificate between his mom and dad.  What document would we submit to show mother-son relationship?

[kris&me 572]

Have u thought to do a DNA test?

 

[Amhara 460]

9 minutes ago, kris&me said:

Have u thought to do a DNA test?

 

Yes, I think that may be the only other valid option.  Does the USCIS accept this to establish family ties?

[josie125 63]

30 minutes ago, Amhara said:

Yes, I think that may be the only other valid option.  Does the USCIS accept this to establish family ties?

yes they do to establish relationship

[farzram 11]

Hey Amhara, 

 

You can get your husband a birth certificate from Afghan Consulate in the states. Not sure where you live but there are few options. In New York Afghan Consulate you can go in and take in the information you have based off the tazkira of his mother's and fathers, and they have forms that witnesses can sign affirming he is the child of his mother. They issue it same day its about $50

 

I know that the Washington D.C. Afghan Consulate has a mail in process to obtain a birth certificate as well. Let me know if you need any help. My husband needed a birth certificate recently and so did a family friend who was bringing his mother into the U.S. as well and it was accepted by USCIS. I think it would be easier than a DNA test. 

[ImmHelp123 13]

Hello, 

 

         Chapter 21.4 of the Adjudicator's Field Manual, in relation to a petition by citizen or lawful permanent resident for a child, son, or daughter, further clarifies your concern.  I realize that your husband is petitioning for his natural mother.  However, the adjudicator uses this Chapter in making the parent-child relationship determination.  As you presumably know, the relationship between petitioner and beneficiary is the most complex issue in the adjudication of such petitions.  

 

          The manual further states, in pertinent part, that "it is important to keep in mind not only the nature of the relationship (e.g., legitimate child, illegitimate child, adopted child), but also the point at which the relationship existed (e.g., the child’s age at the time of the marriage between his or her parent and stepparent or at the time of the petitioner’s acquisition of status)."

 

         Under §101(b), your husband qualifies as a "child born out of wedlock" (formerly referred to as "illegitimate child").  However, based on the present facts -- that your husband's father is the only natural parent listed on the birth certificate; he is petitioning for his mother; and the natural mother is not listed on the birth certificate -- a birth certificate is insufficient to grant such petition.  Accordingly, you must establish such relationship with additional evidence. 

 

          For information regarding primary evidence for a child, son or daughter born out of wedlock, pertinent to your case, the manual refers to 8 CFR 204.2(d)(2)(iii), which states:

 

                   (iii) Primary evidence if the petitioner is an illegitimate son or daughter. If a petition is submitted on behalf of the mother, the petitioner's birth certificate, issued by civil authorities and showing the mother's name, must accompany the petition. If the mother's name on the birth certificate is different from her name as reflected in the petition, evidence of the name change must also be submitted. If the petition is submitted on behalf of the purported father of the petitioner, the petitioner must show that the beneficiary is his or her natural father and that a bona fide parent-child relationship was established when the petitioner was unmarried and under twenty-one years of age. Such a relationship will be deemed to exist or to have existed where the father demonstrates or has demonstrated an active concern for the child's support, instruction, and general welfare. Primary evidence to establish that the beneficiary is the petitioner's natural father is the petitioner's birth certificate, issued by civil authorities and showing the father's name. If the father's name has been legally changed, evidence of the name change must accompany the petition. Evidence of a parent/child relationship should establish more than merely a biological relationship. Emotional and/or financial ties or a genuine concern and interest by the father for the child's support, instruction, and general welfare must be shown. There should be evidence that the father and child actually lived together or that the father held the child out as being his own, that he provided for some or all of the child's needs, or that in general the father's behavior evidenced a genuine concern for the child. The most persuasive evidence for establishing a bona fide parent/child relationship is documentary evidence which was contemporaneous with the events in question. Such evidence may include, but is not limited to: money order receipts or cancelled checks showing the father's financial support of the beneficiary; the father's income tax returns; the father's medical or insurance records which include the petitioner as a dependent; school records for the petitioner; correspondence between the parties; or notarized affidavits of friends, neighbors, school officials, or other associates knowledgeable as to the relationship. 

 

          Further, 8 CFR 204.1 states guidelines and recommendations in relation to secondary evidence.  It further states that if primary evidence is unavailable, the petitioner must present secondary evidence. Any evidence submitted as secondary evidence will be evaluated for authenticity and credibility. Secondary evidence may include, but is not limited to, one or more of the following documents:

• A baptismal certificate with the seal of the church, showing the date and place of birth in the United States and the date of baptism;
• Affidavits sworn to by persons who were living at the time and who have personal knowledge of the event to which they attest. The affidavits must contain the affiant's full name and address, date and place of birth, relationship to the parties, if any, and complete details concerning how the affiant acquired knowledge of the event;
• Early school records (preferably from the first school) showing the date of admission to the school, the child's date and place of birth, and the name(s) and place(s) of birth of the parent(s);
• Census records showing the name, place of birth, and date of birth or age of the petitioner; or
• If it is determined that it would cause unusual delay or hardship to obtain documentary proof of birth in the United States, a United States citizen petitioner who is a member of the Armed Forces of the United States and who is serving outside the United States may submit a statement from the appropriate authority of the Armed Forces. The statement should attest to the fact that the personnel records of the Armed Forces show that the petitioner was born in the United States on a certain date.

Lastly, you should consider reading this post: https://www.***removed***/birth-certificate/birth-certificate-secondary-evidence.html

 

I hope this helps! Good luck.

[ImmHelp123 13]

I just re-read your post and it reads "mother in law."  That may present challenges as you need to determine whether there's a parent-child relationship.  I will follow up shortly. 

[ImmHelp123 13]

21 hours ago, Amhara said:

Hello,

 

My husband will be applying to bring mom-in-law to the States sometime next year.  He has a tazikra that lists his dad's name only, who is deceased, and it was issued when he was 13 or so.  There is no marriage certificate between his mom and dad.  What document would we submit to show mother-son relationship?

 

Before I spend the time researching the pertinent law, could you clarify the following: 

 

1. First, whether your husband is petitioning for his mother-in-law rather than step-mom?  Your posts refers to a "mom-in-law," which refers to the mother of your husband, and then makes reference to a mother-son relationship.  I may be misinterpreting your post. But, could you please clarify this for me? 
2. Second, assuming your husband wants to apply for his step mother (and not mother-in-law), whether your husband had any type of relationship with the beneficiary. 

 

While I am unable to provide legal advise because I am not an attorney, I am fairly familiar with USCIS processes and may able to further assist you. 

 

Chers, 

Helpful Immigrant 

[Amhara 460]

Just now, ImmHelp123 said:

 

Before I spend the time researching the pertinent law, could you clarify the following: 

 

1. First, whether your husband is petitioning for his mother-in-law rather than step-mom?  Your posts refers to a "mom-in-law," which refers to the mother of your husband, and then makes reference to a mother-son relationship.  I may be misinterpreting your post. But, could you please clarify this for me? 
2. Second, assuming your husband wants to apply for his step mother (and not mother-in-law), whether your husband had any type of relationship with the beneficiary. 

 

While I am unable to provide legal advise because I am not an attorney, I am fairly familiar with USCIS processes and may able to further assist you. 

 

Chers, 

Helpful Immigrant 

She is my mom-in-law, and my husband’s biological mother.  The only DNA info I have found was for siblings, but I suppose I need to find out more, such as who administers the tests, are there any specific companies or tests, and how to submit to the USCIS (sealed envelope?).

[ImmHelp123 13]

6 minutes ago, Amhara said:

She is my mom-in-law, and my husband’s biological mother.  The only DNA info I have found was for siblings, but I suppose I need to find out more, such as who administers the tests, are there any specific companies or tests, and how to submit to the USCIS (sealed envelope?).

 

Good! That makes things a lot easier...

 

                    DNA tests are a good way to establish a biological relationship.  However, for USCIS, evidence of a parent-child relationship should establish more "than merely a biological relationship. Emotional and/or financial ties or a genuine concern and interest by the father for the child's support, instruction, and general welfare must be shown. There should be evidence that the father and child actually lived together or that the father held the child out as being his own, that he provided for some or all of the child's needs, or that in general the father's behavior evidenced a genuine concern for the child. The most persuasive evidence for establishing a bona fide parent/child relationship is documentary evidence which was contemporaneous with the events in question. Such evidence may include, but is not limited to: money order receipts or cancelled checks showing the father's financial support of the beneficiary; the father's income tax returns; the father's medical or insurance records which include the petitioner as a dependent; school records for the petitioner; correspondence between the parties; or notarized affidavits of friends, neighbors, school officials, or other associates knowledgeable as to the relationship." See Chapter I 204 (8)(A).

 

                    Further, under Chapter I 204(8), et seq., under pertinent part, "a director may require that a specific Blood Group Antigen Test be conducted of the beneficiary and the beneficiary's father and mother. In general, blood tests will be required only after other forms of evidence have proven inconclusive.  If the specific Blood Group Antigen Test is also found not to be conclusive and the director determines that additional evidence is needed, a Human Leucocyte Antigen (HLA) test may be requested.  Tests will be conducted, at the expense of the petitioner or beneficiary, by the United States Public Health Service physician who is authorized overseas or by a qualified medical specialist designated by the district director. The results of the test should be reported on Form G-620. Refusal to submit to a Specific Blood Group Antigen or HLA test when requested may constitute a basis for denial of the petition, unless a legitimate religious objection has been established. When a legitimate religious objection is established, alternate forms of evidence may be considered based upon documentation already submitted."

 

                  It is also worth mentioning that USCIS cannot require DNA testing to establish a claimed biological relationship.  However, in situations where credible evidence is insufficient to prove the claimed biological relationship, offices may suggest and consider DNA testing results.  In such cases, the petition must select an accredited laboratory, contact the laboratory directly, and make the necessary arrangements for conducting the tests.  

 

                    Accordingly, in my opinion, you should pursue a DNA test conducted by a DNA test by a United States Public Health Service Physician who is authorized overseas to conduct a DNA test that may establish the biological relationship between your husband and her biological mother (your mother-in-law).  At the same time, you should submit evidence to the USCIS that establishes that a parent-child relationship existed in fact by submitting secondary evidence (outlined in previous comment). 

 

https://www.uscis.gov/sites/default/files/files/pressrelease/genetic_testing.pdf

 

                    The Adjudicator's Field Manual further lists the American Association of Blood Blanks under Appendix 21-3. 

 

                    Let me know if you have any additional questions or need help in structuring your secondary evidence.  

 

Cheers, 

Helpful Immigrant