Petitioning an illegitimate child is allowed under the immigration law of the United States of America. There are cases wherein a father, during the finalization of his own petition, deliberately omits the fact that he has an illegitimate child thinking that having one will cause a denial in his petition on some basis. Having an illegitimate child does and will not affect any kind of petition to a person. It is not going to be a basis of denial if the immigration consul learns that he has an illegitimate child.
Some people are aware of this fact though. However, they still conceal this not because the illegitimate child’s existence will affect their petition but it is because they are actually married to the mother of the child. Many cases of family based petitions wherein a beneficiary of the petition was petitioned as a single, unmarried child by his parents, for instance, but the beneficiary is not able to stay single. What is the option he has? Either have the petition adjusted to married child even if this means another number of years to wait or do what he thinks is going to get him to the US faster and this is by hiding his marriage and moving on with the petition as a single, unmarried child.
Those who choose the second option are getting themselves in a much bigger problem. Information such as one’s marriage cannot be concealed since their legal documents are meticulously verified before the immigration consul gives an approval. Not only will this give a visa refusal, it may also jeopardize the chances of being petitioned again for not declaring truthful information about one’s self during the immigration process.
An illegitimate child can easily be petitioned by his father. There are just some things that he needs to prove regarding his relationship with his child. One is the bona fide parent-child relationship. Establishing evidence that the father has maintained a relationship with his child is required.
A father may also provide the child’s birth certificate that indicates his name as the father. Other documents which may show this is also a good proof of the relationship like baptismal certificate, school records and medical records. Proof of financial support is also a way to demonstrate the parent-child relationship. These may be shown through remittances, checks or documents which signify the father is giving financial support to the child. Other proof may be through letters, cards and pictures of the father and the child.
Petitioning an illegitimate child is an easy process to go through rather than violate any immigration procedure.