Immigration Issues/I 130


Mr. David,

Thank You. If say a year or so in the future the father has a change of heart and submit to a DNA test, and if the step mother file another I-130 for the son, will he be able to recapture the priority date given on the current I 130 application? My understanding is a person can recapture an earlier priority date if the original application was not terminated or revoked  and provided that its the same petitioner filing for the same beneficiary in the same preference category.

Note: Step mother and father got married before son's 16th birthday.

Followup To
Question -
Mr. David,

Case is quite simple. Step mother filed I 130 for step son. Father's name added to son's birth certificate 26 years after birth, USCIS will not accept it as evidence to support step mother's application. USCIS needS DNA test. Son and step mother have very good relation however son and father has very bad relationship and so father will not do DNA test. As a result application might be denied. Note, step mother was the one who filed for the dad and son's name was included on the father's petition.

Followup To
Question -
Mr. David,

Thanks for your response. A follow up question. If USCIS requires a DNA test to prove a father-son relation and what if the test is not conducted and the result furnished to the service in a timely matter. Will they deny or terminate the application if the intial evidence is not sufficient to conclusively support the I 130 application?
They claim that they will make a decision on the application base on the initial supporting document if there request is not met by a certain date.

Followup To
Question -
Dear Mr. David,

Is there a difference between the revocation, denial or termination of an I 130 relative petition  application?
Answer -
Yes...but the end result is the same.

Revocation/Withdrawn - The petitioner withdraws the petition filed on behalf of beneficiary for some reason..for example, US Citizen wife files for her foreign national husband.  Finds out later he has been less than faithful.

Denial - CIS denies the application/petition.

Termination - Petitioner/Beneficiary did not follow through with the application process. CIS terminates the petition.

The end result is the beneficiary must leave the United States.
Answer -
Please read your makes no sense.

"...what if the test is NOT conducted and the result furnished in a timely matter".  If there was no test how can there be a result?

If you do not supply the requested information, they will deny the application. Period.  you will have 30 days to appeal the decision but you will need to producing compelling evidence for reconsideration.  I am rather curious just what it is with your case.  You are extremely criptic.
Answer -
Unless the father submits to the DNA test, the petition will not be approved.  The step mother cannot petition for him unless he was adopted by her while he was a juvenile.  Obviously this is not the case.  The only other option is if the father petitions for him.

I suppose I am not making myself clear...the step mother, unless she adopted this child, cannot file an immediate relative petition. Period.  What makes this case a bit more difficult is the age of the child, who is a 26 year old adult.
Now, there is another option to explore.  The 26 year old can 'Self Petition' if he is a child of a US Citizen as an IB-2.
And no, the priority date will not be the same.  Applications are not kept open indifinately.  The child will end up with a new priority date based on what is filed for at the time.
Sounds to me it's time to make up with the father.

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30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

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