Proving concern?

[mujerdejimmy]

Anyone heard of this?

My Colombian friend's father is now a citizen. He sent in a I 130 petition for "J" several and I mean several years ago. The father was pretty much a deadbeat all his life except for this small favor. A reponse just came back a few weeks ago giving him a month to submit evidence of "concern" for the welfare of "J" before the age of 18. The letter says that affidavits from school or friends or copies of child support checks would be the most persuasive.

Whoever heard of proving concern on an I130 app? The fact of relationship was established with the birth certificate.

He sent in some letters from friends and family. I just think it's wierd that he isnt even along in the process and is meeting challenge.

We havent even gotten to the part that "J" is EWI was caught at the border and given a court date. His father who was crossing him over by car was fined. J never appeared at court date and has done nothing of his status since. He prob has a deportation order - isnt there a way to check?

[Luckysprite]

Unfortunately - I cannot offer y ou any advice on 'proving concern' as I am not exactly sure what that even means. ;)

However - if you do want to check for prior deportations - you can either do a FOIA check (freedom of information and privacy act, I belive) and/or a FBI fingerprint check.

There are several other posts on the forum in regards to the two checks - the FOIA can typically take up to a year before you receive a response - and the FBI check should take a couple of months.

In my personal experience, I have been told that even if both of those reports come back 'no record' it doesnt necessarily mean that there is not an order of removal out there. Can I ask for the details on how he was caught? Did he ever claim to be a US citizen at the point of entry?

[aussiewench]

Was J born in or out of wedlock?

[mujerdejimmy]

Sorry for the long delay--I miss the days when we got emails that someone responded...
J was caught at the border and did not present himself as a citizen. I understand his father was fined for trafficking him and he was given a court date.
J was born out of wedlock and the letter from USCIS noted that. They wanted proof that his father even was a part of his life before age 18. J is now 32.
He has already sent his docs (some letters from family members saying what a good father he had) but I am concerned that he may end up getting deported as he may have an order out there.
Thanks for the help!

[aussiewench]

The instructions for petitioning for a child/son or daughter include the following.....

Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.

[joy&pain]

I guess being born out of wedlock makes them challenge the relationship more...
At the airport this year, I ran into a man from Venezuela (now USC) who was going through the immigration process for his young daughter and he just returned from Venezuela because he had to take a paternity test.

[joy&pain]

Sorry for the long delay--I miss the days when we got emails that someone responded...
J was caught at the border and did not present himself as a citizen. I understand his father was fined for trafficking him and he was given a court date.
J was born out of wedlock and the letter from USCIS noted that. They wanted proof that his father even was a part of his life before age 18. J is now 32.
He has already sent his docs (some letters from family members saying what a good father he had) but I am concerned that he may end up getting deported as he may have an order out there.
Thanks for the help!

If he was given a court date and did not show up, he was automatically given an order of deportation and forfeited his right to voluntary departure. Once he leaves the country, (even if only for consular interview), the 10 year ban will begin.

[Coventrated]

[QUOTE=mujerdejimmy;10196]
He has already sent his docs (some letters from family members saying what a good father he had) QUOTE]

You said he was a deadbeat?

When exactly did he file.

[mujerdejimmy]

Well, he actually was a deadbeat but of course it was not Js fault so he had some family members exaggerate what little interaction his father had with him as a child. There won't be any check stubs...it doesnt look good for him.
I hate to be the bearer of bad news to him but it looks like he doesn't have much hope of staying here.
I did warn him that he may get deported now that he has been entered in the system.

[mujerdejimmy]

his father sent off the I 130 like 7 years ago....

[Coventrated]

A person who has a labor certification or visa petition filed on their behalf after January 14, 1998, but on or before April 30, 2001, is also qualified for the benefits of §245(i) but only if they were physically present in the U.S. on the date of enactment of the law (December 21, 2000).

Not that it helps the other issue.

[Lulu]

Great catch Coventrated! Yes, its possible that J would qualify for the 245i amnesty. I think there is a $1000 fine, but he wouldn't have to leave the country. Assuming he meets the criteria that Coventrated posted, of course.

Proving that relationship may be tricky, but those affidavits might just work.

[mujerdejimmy]

Thanks guys! I am awaiting response from him to get exact info. I hope this works for him. He is a really nice guy who has a one yr old son. He is living with his EWI Mexican girlfriend ( I know, I know....) anyway I'd like to see this work out for them...

[mujerdejimmy]

Spoke to J and he says that he arrived in 1999. Okay...IF his I 130 gets approved I guess we will see from there.....