Nephew do not have father's last name on BC

[Bzegurl 41]

Good evening all,

I am writing to get some clarity on a situation. My nephew's dad lives here in the US as a Permanent Resident. My nephew is now considered an adult because he is over the age of 21. His dad wants to file for him. His name however, is not on my nephew's birth certificate. Do they need to change that before he files for him or can he file and submit a DNA (which I am sure they will ask for). What do you guys think? I was trying to search online but not enough information/people's experience on VJ on this topic.  Appreciate all of you.

[SalishSea 17,928]

14 minutes ago, Bzegurl said:

Good evening all,

I am writing to get some clarity on a situation. My nephew's dad lives here in the US as a Permanent Resident. My nephew is now considered an adult because he is over the age of 21. His dad wants to file for him. His name however, is not on my nephew's birth certificate. Do they need to change that before he files for him or can he file and submit a DNA (which I am sure they will ask for). What do you guys think? I was trying to search online but not enough information/people's experience on VJ on this topic.  Appreciate all of you.

I have heard that you should only submit DNA results if asked, particularly since you cannot just go to any lab vs an approved lab.

 

What country is the son from?

[Bzegurl 41]

Just now, Jorgedig said:

I have heard that you should only submit DNA results if asked, particularly since you cannot just go to any lab vs an approved lab.

 

What country is the son from?

Yes dont plan on sending unless asked. And Belize

[SusieQQQ 11,586]

16 minutes ago, Bzegurl said:

Good evening all,

I am writing to get some clarity on a situation. My nephew's dad lives here in the US as a Permanent Resident. My nephew is now considered an adult because he is over the age of 21. His dad wants to file for him. His name however, is not on my nephew's birth certificate. Do they need to change that before he files for him or can he file and submit a DNA (which I am sure they will ask for). What do you guys think? I was trying to search online but not enough information/people's experience on VJ on this topic.  Appreciate all of you.

He will have to submit the evidence they have (certificate). If they have any other records of paternity (example hospital records, baptismal certificate) they can send those. You cannot proactively do DNA. If they want dna they will send a request for evidence with a reference number, that will be given to an accredited lab and that lab will send results directly to uscis. 

[SusieQQQ 11,586]

To add:

putting the father’s name on a birth certificate now is ok to do but will not pre-empt the other evidence required because it will be issued so long after birth. 
 

if the name is not on because parents were unmarried they may ask for proof of legitimation/bona fide parent-child relationship 

Edited August 26, 2020 by SusieQQQ

[Bzegurl 41]

4 minutes ago, SusieQQQ said:

He will have to submit the evidence they have (certificate). If they have any other records of paternity (example hospital records, baptismal certificate) they can send those. You cannot proactively do DNA. If they want dna they will send a request for evidence with a reference number, that will be given to an accredited lab and that lab will send results directly to uscis. 

Got you. Not sure about other records but good info I can check. Thank you

[Boiler 45,670]

Child Support is the obvious one.

[SusieQQQ 11,586]

12 minutes ago, Boiler said:

Child Support is the obvious one.

For legitimation yes but seems they need to worry about showing paternity first.

[payxibka 10,045]

3 hours ago, Boiler said:

Child Support is the obvious one.

Child is over 21.  

[Boiler 45,670]

31 minutes ago, payxibka said:

Child is over 21.  

But would have been under 21.

[Bzegurl 41]

Thank you all for your response. Sounds like his name on the birth certificate is not a need, but showing father/child realtionship and other proof  is important.