Advice & Help

I need my dead dad’s name on my birth certificate so my sisters in US can file for me

QUESTION: Hello Legal Wiz,

My father died in Sept 1990 in New York and was buried in Jamaica later the same month. I believe he would have been out of status at the time he died. My sisters are citizens and would like to sponsor me for a greencard but my dads name is not on my birth certificate. We share the same father. I am living here also out of status. The Registrar General Department in Jamaica said that in order to add my father’s name to my birth certificate the matter would have to be taken to the Supreme Court.
My paternal grandfather died and the grandmother is very sick at home in Jamaica. Please advise me accordingly.

RESPONSE: Dear Ann-Marie,

An immigration officer (from the United States) was consulted. Truthfully, it would be easier getting married to your loved one in order to have a better chance at obtaining permanent status in the United States. Of course, the onus will be on you to prove you are not getting married simply to get a green card.

The process to have your paternal sisters file for you takes fifteen years approximately. Added to that the fact of you overstaying your time in the United States can cause complications. Jamaica will never reject you if you come on home..

Locally in Jamaica, to have your deceased father’s name added to your birth certificate is not a walkover, and you definitely have to make application through the Supreme Court. This can end up being costly and time consuming for you as you are not in Jamaica, and don’t seem to be in a position to return anytime soon. There are no prescribed forms and documents which must be prepared from scratch include paperwork that must be signed by at least two persons who knew your parents and can swear to you being the product of their love.

There are other issues arising which were not dealt with, as the information above is sufficient to influence your decision. All the best. Do stay connected.

Legal Wiz

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