U.S. citizens (whether by birth or naturalization) or green card holders can typically bring their child to the U.S. as long as that child is unmarried. This requires sponsoring them to get a family-based visa. Although, it can be more challenging to sponsor a child over 21 since they aren’t considered in the same category of “immediate relatives,” as younger children are.
Completing the I-130 form (Petition for Alien Relative) and bringing child (of any age) to the U.S. can be even more challenging if you lack documentation showing that you’re their parent. While this is more often a problem for fathers, even mothers can lack simple documentation like a birth certificate if it was destroyed in war or when an authoritarian regime came to power.
What if you aren’t named on the birth certificate?
What if you’re a man with a child born in another country and you weren’t listed as the father on the birth certificate for any number of reasons? Maybe you didn’t even know about the child or your parentage for a time, so there’s no documentation proving your relationship. You may still be able to get a visa for your child.
Even if you don’t have any legal documents where you’re listed as the parent, do you have communications (letters, emails, texts, etc.) where the mother acknowledged you as the father? Do you have any proof that you paid child support or any expenses for your child? What about photos of you and your child (preferably at various ages)? All of these things can help you build a case to present to the U.S. Citizenship and Immigration Services (USCIS).
DNA testing may be necessary
If you don’t have enough (or any) of this documentation, another option is presenting DNA evidence. This would require both you and your child to take DNA tests. These tests (which involve swabbing the inside of the mouth) must be taken at accredited locations. They aren’t inexpensive to process, but as long as they show a 99.5% certainty of parentage, the USCIS should accept them as proof.
These days, there are a lot of changes around immigration into the U.S. Even a straightforward petition with all the necessary documentation to bring a child into the country can present challenges. Whatever your situation, getting experienced legal guidance as early as possible can help you and your child begin a life together here.