QUESTION: Hello Legal Wiz,
My father died in September 1990 in the United States, 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 RGD 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 Alianna
An Application has to be made to the Supreme Court for a Court Order for your dad’s name is to be added. So you must first satisfy the requirements to make such application.
The first step is to secure your father’s death certificate. You also will need to secure documents of declaration which confirms that you are who you say you are. These documents will form a part of the application package to be lodged in the Supreme Court for a hearing.
There is no prescribed form to be filled in, so you will need assistance to draft up required application document. You will also need assistance to draft the aforementioned declaration documents to prove/verfiy that you are your dad’s child.
A good person to start with for an affidavit is your mother. You made no mention of her.
The documents should be prepared, signed, notarised and then taken with the supporting evidence to the Supreme Court where a date will be set for you to have a hearing. It is recommended, but not necessary to have an attorney assist you in the process. Our team can assist further for a fee.