IR-2 visa surname question? Any doubts about this?

[octopusinspace]

This is my case: I am a child of a US Citizen (my father) and he petitioned me under the IR-2 category. He got the first notice of action last March. I've been to the U.S. before but I abandoned my Green Card status since I overstayed abroad. Anyways, I was born out of wedlock (parents not married at the time of my birth) but last 2007 they got married. (I'm under 18 on 2007) I'm still using my Mother's last name since I never did any change of surname yet and also that was the name I used on my previous Green Card, my question is if my Dad filed me using my out of wedlock name, even though he is now married, will the USCIS have any doubts about it? I was thinking, I've been through relationship checking before with my previous green card, have my alien number and social security and all and I think that'll help. So what do you think guys? Thanks.

My birth certificate shows my Dad and Mom's name in it. My grandmother filed a petition for my dad first so I was a derivative of his.

[osweiti50]

I think you can file for re-possessing your abandoned Green Card or your father/mother can file new application based on IR-2 category. As your B/C shows clearly your parents names then that will be a solid evidence required by USCIS to prove the relationship. also since you had "A" number and SSN I would say it is useful to talk to an immigration attorney to get the best of advise about which route to use. Good Luck