How can I petition my son if his birth certificate lists someone else? 4 Answers as of May 12, 2011

I’m a single Mom of two (2) in the Philippines. My eldest is 17 and 13. I’m married to American Citizen. How can I petition my eldest Son since His Birth Certificate is in my Parents name? It says he is my Brother, but His really mine. I had him when I was 18 and my Mom was 58 by then. My other child is a girl no problem with Her Birth Certificate but She is blind 13 years old. No communication at all with their fathers, since Birth and my parents are the one taking care of them. How can start? Please give me advice.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
First, if you were married to an American citizen, and you have received legal residency in the U.S., then you can have your husband petition for them as "derivative" beneficiaries. You can have affidavits by your parents attesting to your parentage. You will have to verify that you have not relinquished parent-child status in the Philippines. However, you said you were a single mom, and married in the same paragraph. Which is it? A lot isn't answered here.
Answer Applies to: California
Replied: 5/12/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
You need to consult a Filipino attorney and have your son's birth certificate corrected. Once this is done, start the process for your son (and your daughter). Good luck.
Answer Applies to: California
Replied: 5/12/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
That is a serious issue and will require a lot of research and delving into your history in order to determine the correct path. I cannot answer that in this email. Instead please make an appointment with a competent immigration attorney who is familiar with consular processing in your area.
Answer Applies to: California
Replied: 5/12/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You will have a great many problems in petitioning your eldest son under the circumstances, and may also endanger your legal status. First, you will have to have the Birth Certificate officially and legally correct to reflect that fact that you are the biological mother. Even then you will have to prove you had a mother-son relationship with the child and will likely have to get a DNA test done. Second, you may have to explain to USCIS and the DOS why you did not list him on your various immigration applications and when interviewed. Most of the documents filed are under the penalty of perjury so you could be charged with immigration fraud. This type of matter is best handled by an immigrant attorney.
Answer Applies to: California
Replied: 5/12/2011
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