Legal Question in Immigration Law in Florida

my mother is filing for my brother, she is a US legal resident. The given name on our birth certificate is different from what is listed on her birth/marriage certificate. this is just a name that our family uses and she has used as a child and has used. she was sponered to the us by me and we never had a problem. the immigration has sent us an intent to deny letter for response within 21 days saying that there are too many variations to her name even though they have a copy of her marriage certificate, birth certificate, passport they cannot prove that this is the same person. and a letter from a justice of the peace in her country of birth saying that this person is one and the same. can you advise. she is 72 years old so i am trying to help her.


Asked on 9/30/09, 4:49 pm

3 Answers from Attorneys
Michael Harris Law Offices of Kravitz and Guerra, P.A.

There may be other ways to prove the family relationship. Immigration has types of Primary and Secondary evidence which can be used to document the familial relationship. It will be important to respond within the 21 days. But to better advise you we will need to be retained.

Time will be of the essence, so for further information, please feel free to contact me.

Sincerely,

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Answered on 9/30/09, 5:08 pm
Luba Smal Smal Immigration Law Office

She has to respond within 21 days, or her petition will be denied.

It's her burden now to prove that she is the beneficiary's mother, and what is her legal name.

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 9/30/09, 5:55 pm
Marc Seguinot Seguinot & Associates, P.C.

There are various ways to prove identification, but I suggest you retain counsel quickly in order to meet the 21 day deadline. Try to see if there is anything that has required your mother's signature on any documents. It is a sad comment here, but the USCIS has a pattern of practice of finding issues concerning a mother's name variations with regard to petitioning for sons, and does not find problems when mother's petition for daughters. I suggest you get a lawyer to respond with as much evidence as possible. Good luck!

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Answered on 9/30/09, 8:46 pm


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