Birth Certificate Conflict

[TUBA554]

We received an RFE for my husband's unabridged birth certificate and we now face a problem because who I was told to list as his parents on the immigration forms are actually his grandparents that have raised him since birth. He has always referred to them as his parents on legal documents, including school and his H2B visa in which he used to enter the US but his birth certificate will say otherwise. His birth certificate only states his birth mother (who was very young when she had him), but I'm afraid this will cause our case to be denied. We've been married 4 years and have 3 kids and with the immigration policy changes, I'm fearful that he will be deported over such a huge mistake.

[Tezza]

We received an RFE for my husband's unabridged birth certificate and we now face a problem because who I was told to list as his parents on the immigration forms are actually his grandparents that have raised him since birth. He has always referred to them as his parents on legal documents, including school and his H2B visa in which he used to enter the US but his birth certificate will say otherwise. His birth certificate only states his birth mother (who was very young when she had him), but I'm afraid this will cause our case to be denied. We've been married 4 years and have 3 kids and with the immigration policy changes, I'm fearful that he will be deported over such a huge mistake.

It's definitely a very big mistake, especially since he used his grandparents names to get his H2B visa to enter the US. They could technically say he got his visa through fraud, making him currently out of status, and having accrued unlawful presence from the moment he entered. It's often people do consider grandparents or other people their parents if they've been raised by them, but the USCIS requires you to note the legal parents, whether the child considers them the parents or not.

This will for sure be flagged up. I am not sure how it will go from here. I'd say you should probably consult an immigration attorney about this and go through some options, just to be safe. I hope they will be lenient, but they will see it as knowingly lying on their government forms which is fraudulent.

I really hope someone can advise on here, but I do reiterate my previous suggestion - speak with an experienced immigration attorney asap.

[TUBA554]

It's definitely a very big mistake, especially since he used his grandparents names to get his H2B visa to enter the US. They could technically say he got his visa through fraud, making him currently out of status, and having accrued unlawful presence from the moment he entered. It's often people do consider grandparents or other people their parents if they've been raised by them, but the USCIS requires you to note the legal parents, whether the child considers them the parents or not.

This will for sure be flagged up. I am not sure how it will go from here. I'd say you should probably consult an immigration attorney about this and go through some options, just to be safe. I hope they will be lenient, but they will see it as knowingly lying on their government forms which is fraudulent.

I really hope someone can advise on here, but I do reiterate my previous suggestion - speak with an experienced immigration attorney asap.

He doesn't have contact with his birth mother and has no idea who his birth father is, wouldn't it have to be one of them that needs to go retrieve the unabridged birth certificate?

[Tezza]

He doesn't have contact with his birth mother and has no idea who his birth father is, wouldn't it have to be one of them that needs to go retrieve the unabridged birth certificate?

The USCIS require a long form birth certificate with at least one parent name, you don't need to have both.

[kaylip]

Smh. I honestly don't know what to think of this. I see it as lacking common sense because if you are filling documents for work, school, bank, government, etc you would want to put the correct LEGAL information. How some people play around like this is beyond my comprehension!
Ok, now if his grandparents are his legal guardians(meaning they adopted him or have a written document of his mother releasing her legal rights for him) then it shouldn't be a problem. However, if not then consult an attorney.

[TUBA554]

Smh. I honestly don't know what to think of this. I see it as lacking common sense because if you are filling documents for work, school, bank, government, etc you would want to put the correct LEGAL information. How some people play around like this is beyond my comprehension!
Ok, now if his grandparents are his legal guardians(meaning they adopted him or have a written document of his mother releasing her legal rights for him) then it shouldn't be a problem. However, if not then consult an attorney.

I'm not aware of any written document releasing legal rights but growing up, they were listed as his parents for the things you mentioned (school, work, bank). But thank you for bringing the written document up, I will ask to see if any such thing exists!