Child Born Out of Wedlock USCIS
What do I need to sponsor a child born out of wedlock?
Proof of Parent-Child Relationship USCIS
When petitioning for a child, you must prove that there is a family relationship between you and the child.
If you are the mother, this means a copy of the child’s birth certificate listing your name and the name of the child.
If you are the father, this means a copy of the child’s birth certificate showing both parents’ names, your marriage certificate to the child’s mother, and proof of legal termination of any prior marriages of the parents.
If you are the father, and the child was born out of wedlock, you must submit evidence either that:
- You and the mother were married while the child was under 18 years of age, or
- The child was legitimated under the law of the child’s residence or domicile, or under the law of your residence or domicile, before the child reached 18 years of age.
Legitimation is defined as “the act of putting a child born out-of-wedlock in the same legal position as a child born in wedlock.”
According to the USCIS Policy Manual (here):
A child is considered the legitimated child of his or her parent if:
- The child is legitimated in the United States or abroad under the law of either the child’s residence or domicile, or the law of the child’s father’s residence or domicile, depending on the applicable provision;
- The child is legitimated before he or she reaches 16 years of age (except for certain cases where the child may be legitimated before reaching 18 or 21 years of age); and
- The child is in the legal custody of the legitimating parent or parents at the time of the legitimation.
Note: A natural father is presumed to have legal custody of his child at the time of legitimation in the absence of affirmative evidence indicating otherwise). Matter of Rivers, 17 I&N Dec. 419 (BIA 1980).
Child Not Legitimated
Per the instructions to the Form I-130:
If your child was not legitimated before reaching 18 years of age, you must file your petition with copies of evidence that a bona fide parent-child relationship existed between you and the child before the child reached 21 years of age. This may include evidence that you lived with the child, supported him or her, or otherwise showed continuing parental interest in the child’s welfare. (emphasis added).
Lawyer for Child Born Out of Wedlock To US Citizen Father
If you have questions about sponsoring a child born out of wedlock to a US citizen father, contact immigration lawyer, Dayna Lally, at [email protected]. Consultation fees apply.
Disclaimer: This blog article is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice, nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.
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Last Reviewed/Updated: 10/10/2023
