If you are a United States citizen, you may want to petition for your father’s immigration, even if you are illegitimate. Although this is not impossible, your dad’s immigration filing process will be a bit more complex as more documentation will be required. Before you begin this process, you need to understand how to petition for your father and the types of evidence you need to include in your application. Here is everything you need to know about filing a petition for parents when you are an illegitimate child.
Can You File a Petition For Father Immigration as an Illegitimate Child?
If you want to bring your father to the U.S., the good news is that this is still possible, even if you are an illegitimate child. The main requirement to file an immigration petition for parents is to be a U.S. citizen who is at least 21 years old. If you meet these requirements, you can begin this process by filing form I-130 along with your birth certificate and your certificate of naturalization or your U.S. passport.
As an illegitimate child who is either born out of wedlock or not legally recognized before your 18th birthday or before you married, you will need to provide additional evidence when petitioning for your father’s immigration. This evidence includes providing documentation of an emotional or financial bond between you and your father that existed before you were married or turned 21.
As long as you can provide substantial evidence of a connection to your father, you should be able to petition for his immigration. Before you do this, however, you need to hire an immigration attorney who can help you throughout this process. An attorney will have experience in this area and can ensure you file form I-130 correctly and provide the most critical pieces of evidence.
How to File Form I-130
Form I-130, also called petition for alien relative, is a common immigration form used for family members. Something to keep in mind is that this does not automatically grant your relative with immigration benefits or a status in the United States as it is simply the beginning of the immigration process.
The main things that are required to file form I-130 include:
- Proof of your U.S. citizenship
- Proof that the relationship is valid
- Proof that the relationship is not fraudulent
- Proof of any legal name changes
- Proof of your father’s nationality
If you are missing essential documents needed to file this form, you may be able to provide alternative documents instead. An immigration attorney can help you identify alternative documents so that your application is thorough and does not run into issues later on.
Documents You Need When Petitioning For Father as an Illegitimate Child?
Getting a green card for your father when you are illegitimate can be confusing as there is additional evidence you need to provide when filing form I-130. It is important to remember that this is different for both fathers and mothers, so the evidence you need to provide for your father as an illegitimate child is going to be very specific. You have to provide substantial proof that there is an emotional and/or financial connection since you have not been legitimized before you married or turned 18.
The most common way to establish these ties is through attempts to provide child support from your father or communications between you and your father. This can include documentation such as:
- Child support checks
- Insurance documents
- Private letters
- Money order receipts
- School records
Additionally, you could also include notarized statements from school officials, family friends, neighbors, and anyone else who has personal knowledge of the relationship between you and your father.
Green Card For Parents Application Processing Time
When you file form I-130, you probably want to know how long a petition for father immigration will take as this can be quite a long process. The processing times for the USCIS are very broad and change year to year and are impacted by how many people are applying throughout the year. As of 2024, the processing times are between 11 and 15 months for family members living abroad and between 10 and 23 months for those living in the United States.
Although there is no guaranteed way to actually speed up this processing time, there are a few things you could do to prevent your application from running into delays. The main way to avoid having your application delayed is to ensure you provide all of the required documentation, especially when it comes to establishing a financial or emotional connection between you and your father. Your application also needs to be error-free, especially if it has been translated from another language into English.
If you need to speed up the processing time for an urgent reason, you may be able to file an expedite request with the USCIS, or you can reach out to your congressional representative to ask for personalized help. Otherwise, you will have to wait the standard time, which may be a bit longer since you are an illegitimate child.
How Much Does Petition Cost for Your Father’s Immigration?
Another thing you may want to consider before you file a petition for your father is how much it costs to file form I-130. This is not going to be the only cost associated with your father’s immigration but it will be the first thing you have to pay for when you start your petition.
As of right now, form I-130 is $675 and is non-refundable even if your petition is ultimately denied. Something to keep in mind is that this fee changes sometimes, so it may go up or down depending on when you file. You will need to pay this fee with a credit card or with a check that you sent to the U.S. Department of Homeland Security.
To speed up the filing process and to ensure your payment goes through, it is recommended that you do all of this online.
Contact an Immigration Attorney Today
Do you want to petition for your father’s immigration so he has access to a green card? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
