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Green Card - Immediate Relatives of U.S. Citizens - Frequently Asked Questions

5.

How do I petition for my father, I was born out of wedlock and not legitimated?

If you are applying to bring your father to the U.S. to live and you were born out of wedlock and were legitimated by your father before your 18th birthday and while you were unmarried, you must file the following with the U.S. Citizenship and Immigration Services:

  • Form I-130, Petition for Alien Relative (if you are filing for both parents, you must file a separate petition for each parent)
  • A copy of your birth certificate showing your name
  • If you were not born in the U.S., a copy of either
  • Your Certificate of Naturalization or Citizenship, or
  • Your U.S. passport
  • Evidence that you were legitimated before your 18th birthday through
  • The marriage of your birth parents, or
  • The laws of the state or country where you live, or
  • The laws of the state or country where your father lives

Note 1: If anyone’s name has been legally changed (differs from the name on his or her birth certificate), evidence of the name change must be provided.

Note 2: If you have been legally adopted, you may not petition for your birth parent.

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