Can 21-year old illegitimate USC child petition the father?My friend is the father of a USC child who just turned 21 years old. The father is not married to the childs mother though both the mother and father are living together. Thus, the USC child is an illegitimate child of the father. The question he asks is if he can be petitioned by his USC child as parent and be eligible to adjust status. The instructions for I-130 petition form requires that the birth certificate of the child and the marriage certificate of the father be included in the petition.
What you are saying is that both your mother and father have been together for over 21 years without getting married? As a result, you now want to sponsor your father for a green card, but because theres no marriage certificate, you need advise on how to go about it? Does their country of origin recognize common law marriage?
It was found out that the father is still married in his home country but has been living with the mother for 21 years. Can the illegitimate child petition his father even if he is still married to another though he doesnt live anymore with the legal spouse, not the childs mother?
Instead of using the word "illegitimate", try to use the word "biological".