QUESTION
Is it complicated to petition my brother because of the wrong details on his birth certificate?
Asked on Sep 23rd, 2012 on Immigration - Wisconsin
More details to this question:
My mom is planning to petition my minor brother but there is an error in my brother's birth certificate. My mom is married to a Japanese. They are not together anymore. She still carry her Japanese last name even their not together. They are still legally married. My mom met my brother's dad. He’s a Filipino. My brother carries the last name of his dad. The problem is, my mom and his dad wrote on my brother’s birth certificate that they are married. It has a marriage date in my brother's birth certificate but they are not married. My mom can’t get married because she still married to the Japanese man even though there not together. My mom and I went to the National Statistics Office to check if that date of marriage to the Filipino man was registered but it wasn’t. The registered marriage is the one to the Japanese man.
5 ANSWERS
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Conflicting information can potentially make your brother's petition very complicated. Your mother should correct any errors on the birth certificate first and be prepared to explain the discrepancies to immigration.
Answered on Sep 28th, 2012 at 12:05 AM
Rebecca T White
Some DNA testing may be required to clear up the lack of matching documentation. It also sounds as though it is past time for your mother to divorce and set her own documentation straight.
Answered on Sep 27th, 2012 at 1:27 AM
Immigration and Nationality Attorney serving Miami, FL
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CruzLaw PA
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All paperwork must be in order before the petition is made. You will have to have the papers corrected in the country of origin in compliance with their laws. Since it appears from your question, that your mother is legal permanent resident or US citizen (she would have to be to do the petition), she may be able to get a divorce by publication. As this case seems quite complicated, you should seek an attorney to represent you.
Answered on Sep 27th, 2012 at 1:21 AM
Immigration Attorney serving Los Angeles, CA
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Law Offices of Mary Lyn T. Sanga A Professional Corporation
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The erroneous entry (parents' marriage) in your brother's certificate may be corrected and it may be possible to do that without going to the court since you have proof that your mom and her brother's dad were never married (I am assuming you obtained a certificate from NSO) and it may fall under the "clerical error" rule. Check with the local register's office where your brother's birth was initially recorded (it should be in the locality where he was born), they will tell you how to go about it. It would be good to have the erroneous entry corrected before the petition is filed, but it is not absolutely necessary in order to file the petition.
Answered on Sep 27th, 2012 at 1:15 AM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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Yes, this will likely cause complications. You should work with an immigration lawyer to try to avoid problems.
Answered on Sep 27th, 2012 at 1:11 AM