Can a U.S. Citizen Born Out of Wedlock Petition for Their Father?

Immigration law allows U.S. citizens to petition certain family members for permanent residence, but the rules can get complicated when the petition involves a father and a child born out of wedlock. Many families wonder: Can a U.S. citizen child still petition for their father? The answer is yes, but proving the legal parent-child relationship is essential—and there are additional considerations depending on the father’s history in the United States.

The Legal Framework

U.S. immigration law allows a U.S. citizen who is at least 21 years old to petition for a parent. But when the child was born out of wedlock, the law requires proof that a real father-child relationship exists. Simply having your father listed on a birth certificate is not always enough.

Under the Immigration and Nationality Act, the relationship can be established in one of two ways:

1. Legitimation under law: The father legally recognized the child before the child turned 18. This could happen through marriage to the child’s mother, a court declaration of paternity, or other legal processes allowed under the laws of the father’s or child’s place of residence.

   
   

2. Bona fide parent-child relationship: If formal legitimation never occurred, the law still allows for eligibility if the father can show he had a real parental role before the child turned 21. This means evidence of involvement in the child’s life—such as financial support, living in the same household, participating in education or medical decisions, or other proof of genuine care and responsibility.

   
   

If neither of these can be proven, USCIS will not approve the petition.

Why USCIS Looks Closely

The reasoning behind these requirements is that U.S. immigration law does not automatically assume a legal relationship between an unmarried father and his child. USCIS wants to ensure that the petition is based on a genuine parent-child relationship, not just biological ties. That’s why documentary evidence is so important.

The Evidence That Matters

To support the petition, families should gather as much proof as possible. Examples include:

• School records listing the father as a parent or guardian

  
  

• Medical records showing the father’s involvement in care decisions

  
  

• Financial records, such as bank transfers, showing support for the child

  
  

• Photos, letters, or affidavits from family members or community members confirming the relationship

  
  

• Legal documents such as paternity acknowledgments, court orders, or marriage certificates, if applicable

  
  

The stronger and more consistent the evidence, the smoother the process will be.

What Happens After the Relationship Is Proven

Once USCIS accepts that the legal father-child relationship exists, the petition process is essentially the same as for any other U.S. citizen filing for a parent. From there, whether the father is inside the U.S. or abroad, the path toward lawful permanent residence (a green card) depends on his immigration history and circumstances.

The Key Takeaway

A U.S. citizen born out of wedlock can petition for their father—but the case depends on proving that the relationship meets USCIS’s standards. This step is critical, and it often requires gathering detailed documentation that goes beyond just a birth certificate.

Because every family’s situation is different, working with an experienced immigration attorney can make the difference between success and denial. An attorney can help identify the strongest evidence, anticipate USCIS concerns, and guide the petition through the process.

If you are considering filing for your father, schedule a consultation with Tran Flores Law today by calling (512) 894-9984.