Can I apply for a K4 visa for my son?

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Can I apply for a K4 visa for my son?
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I have problem with his birth certificate because my parents registered him under their name. So, he is only my brother. I am a permanent resident here. Can I apply for him for a K-4 visa so that he will not have to wait?

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Submitted by Alexander J Segal on January 6, 2012 - 3:25pm

Alexander J Segal's picture

USCIS typically determines whether an individual is a child based upon who the country sees as the lawful parent of the child. From what you have told me, you would not be consider the parent for purposes of a K4 or even immigrant visa petition. Depending upon how old your child is, you may want to consider filing adoption paperwork so you are legally designated your child’s parent.

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