EYE-ON-USA: Nigerian Woman Denied Citizenship After DNA Reveal Sponsor Not Biological Father

By Jessica Osajie / Posted January 28, 2025

The U.S. Citizenship and Immigration Services have denied the residency application of James Odiete’s daughter, Linda, after a DNA test proved he was not her biological father. This case highlights the complexity and sensitivity of immigration laws and the implications of paternity fraud.

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The case began its trail in 2007 when the U.S. Citizenship and Immigration Services (USCIS) approved an I-130 application for Linda Odiete, filed by Mr. Adex Odiete, as her father. This filing allowed Linda to gain access to the U.S. on the basis of her familial relationship with Mr. Odiete.

However, after more than a decade, Mr. Odiete initiated the process to upgrade Linda’s immigrant status to permanent resident by filing Form I-485 and the USCIS requested supporting documents to verify the parent-child relationship, including a DNA test.

Mr. Odiete promptly provided relevant documents to show that he had supported Linda financially and emotionally since birth. But the result of the DNA test contradicted these claims, showing that Mr. Odiete was not possibly Linda’s biological father.

As the discovery of the possible paternity fraud invalidated the parent-child relationship for immigration purposes, the USCIS then denied Linda’s residency application.

“Mr. Adex Odiete, her father, had been a victim of a paternity fraud perpetrated by the mother of Linda Odiete,” Mr. Odiete’s lawyer said

“The result of the DNA concluded that Mr. Adex Odiete was not her biological father,” stated 2024 court filings at the U.S. District Court of California – Central District.

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“Mr. Adex Odiete her father, had been a victim of a paternity fraud perpetrated by the mother of Linda Odiete,” Jovi Usude, the lawyer representing Mr. Odiete, wrote on January 22.

It is clear that Mr. Odiete is a victim of paternity fraud, raising significant legal and emotional issues. But for Linda, despite her upbringing under Mr. Odiete’s care, the lack of a biological connection means she cannot qualify for permanent residency through him.

Still, Mr. Odiete continued with the permanent residency filing process, saying the bond he shared with Ms Odiete was beyond blood ties and that he still regarded her as his own child.
“Despite the knowledge derived from the DNA, Mr. Adex Odiete has continued to stand by and support his daughter,” the court document stated.

What Mr. Odiete did not immediately realise was that the USCIS had also revoked the I-130 petition previously granted to Ms Odiete as the U.S. government could no longer harbour the alien whose presumed blood ties to her sponsor were found to be non-existent.

The USCIS concealed the revocation of Ms Odiete’s I-130 petition from 2017 until 2022, when Mr. Odiete visited their office to follow up with the request for adjustment of the immigration status of his daughter, the father claimed in court filings.

That was where he learnt that Ms Odiete no longer had the right to stay in the U.S., because her I-130 petition had been revoked.

The belated notice formed the basis of Mr. Odiete’s lawsuit, which sought the court’s intervention to overturn the revocation of the initially approved I-130 form and keep his daughter from being deported until litigation was concluded.

Mr. Odiete sued the USCIS, asserting that the government agency violated his rights by not promptly informing him of the revocation of his daughter’s status.

“I was never notified by the USCIS, that the approval of my daughter’s I-130 petition had been revoked. I became aware that USCIS had revoked my daughter’s approval when my daughter and I attended her interview to adjust her status here in the United States of America,” Mr. Odiete stated.

Citing section 205c of the revocation of approval of petition law, Mr. Odiete noted that “if upon reconsideration, the approval previously granted is revoked, the director shall provide the petitioner or self-petitioner with a written notification of the decision that explains the specific reasons for revocation.”

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He added that his “due process right was taken away” and asked the court for an order not to deport his daughter to Nigeria until the matter was fully resolved in court.

Mr. Odiete further sought an order “reinstating the denied I-485 Application for Adjustment of Status.”

This situation underscores the stringent requirements for proving familial relationships under U.S. immigration law and the devastating personal impact of paternity fraud. In such cases, legal recourse might include seeking justice against the perpetrator of the fraud, though this would not alter the USCIS decision.

NOTE: Jessica is on Student Industrial Work Experience Scheme (SIWES) at DDNEWSONLINE.COM from the Department of Mass Communication, National Open University of Nigeria (NOUN).
This report referenced Alabingo Media.