In a dramatic turn of events, a Nigerian woman’s dream of permanent residency in the United States has been shattered after a DNA test revealed that her sponsor, believed to be her biological father, is not related to her by blood. The shocking discovery has sparked legal battles and raised questions about immigration protocols, paternity fraud, and family bonds.
The U.S. Citizenship and Immigration Services (USCIS) denied 32-year-old Linda Odiete’s residency application after DNA evidence proved that her supposed father, Mr. Adex Odiete, was not her biological parent.
This revelation has not only upended Linda’s life but also exposed her father’s ordeal. According to court filings, Mr. Odiete was a victim of paternity fraud perpetrated by Linda’s mother.
A Bond Beyond Blood
Despite the DNA results, Mr. Odiete has insisted on maintaining his relationship with Linda. “Regardless of what the DNA says, I have always regarded Linda as my daughter. I raised her, supported her, and loved her as my own,” Mr. Odiete stated in his lawsuit against USCIS.
Linda had originally entered the United States under an I-130 visa, a provision for relatives of U.S. citizens or lawful permanent residents. Approved in 2007, the visa allowed her to stay in the country for over a decade. However, the trouble began when Mr. Odiete initiated the process to upgrade her immigration status to permanent residency through Form I-485.
As part of the application, USCIS requested supporting documents, including Linda’s birth certificate, photos, and financial records. They also required a DNA test to confirm her biological connection to Mr. Odiete.
The DNA results, submitted in court filings, confirmed the devastating truth: Mr. Odiete was not Linda’s biological father.
Revocation and Legal Fallout
Unbeknownst to Mr. Odiete, the discovery led USCIS to revoke Linda’s I-130 petition in 2017. However, the agency reportedly failed to notify him of this decision for five years. It wasn’t until 2022, during an immigration interview, that Mr. Odiete learned his daughter’s residency status had been nullified.
“I was never notified by USCIS that the approval of my daughter’s I-130 petition had been revoked,” Mr. Odiete said in his court submission.
According to U.S. immigration law, petitioners are entitled to written notification of such revocations, complete with specific reasons for the decision. Mr. Odiete’s lawsuit argues that this delay violated his right to due process.
The father has accused USCIS of negligence, stating, “My due process rights were taken away. This decision has left my daughter in limbo, unable to move forward with her life.”
A Father’s Fight for Justice
Refusing to back down, Mr. Odiete filed a lawsuit against USCIS in the U.S. District Court of California. He is seeking to overturn the revocation of Linda’s I-130 petition and reinstate her adjustment of status application.
The lawsuit further demands that Linda be allowed to remain in the United States while the case is being litigated.
Citing Section 205(c) of the Immigration and Nationality Act, Mr. Odiete’s legal team argued that USCIS acted unlawfully by failing to provide timely notification of the revocation. “Had Mr. Odiete been informed earlier, he could have taken appropriate legal action to safeguard his daughter’s status,” his lawyer, Jovi Usude, stated.
Paternity Fraud and Its Fallout
The case has shed light on the issue of paternity fraud, a growing concern in Nigeria and beyond. Paternity fraud occurs when a mother misrepresents the biological father of her child, often resulting in legal and emotional turmoil.
In this instance, Mr. Odiete claims to have had no knowledge of the fraud until the DNA results surfaced during the residency process. Despite this, he has continued to stand by Linda, describing their relationship as one built on love and years of shared experiences.
“Blood does not define family. What matters is the bond we share, and I will continue to fight for her,” Mr. Odiete said.
