The U.S. Citizenship and Immigration Services (USCIS) has denied the residency application of Linda Odiete, daughter of James Odiete, after a DNA test revealed he is not her biological father.
In 2007, the USCIS approved an I-130 application for Linda, granting her access to the United States based on her presumed familial connection to Mr. Odiete. Over a decade later, Mr. Odiete sought to upgrade Linda’s immigration status to permanent residency by filing Form I-485.
As part of the process, the U.S. government requested supporting evidence to confirm their relationship, including Linda’s birth certificate, tuition receipts, photographs, and a DNA test. While Mr. Odiete provided extensive documentation demonstrating he had cared for Linda since birth, the DNA test revealed he was not her biological father.
Court filings at the U.S. District Court for the Central District of California in 2024 confirmed, “The result of the DNA concluded that Mr. Adex Odiete was not her biological father.”
According to Jovi Usude, Mr. Odiete’s attorney, “Mr. Adex Odiete, her father, had been a victim of paternity fraud perpetrated by the mother of Linda Odiete.”
Despite the DNA revelation, Mr. Odiete maintained that his bond with Linda went beyond biological ties, stating he still regarded her as his daughter and continued to support her. “Despite the knowledge derived from the DNA, Mr. Adex Odiete has continued to stand by and support his daughter,” the court documents stated.
However, unknown to Mr. Odiete, USCIS had revoked Linda’s previously approved I-130 petition in 2017. The revocation, based on the lack of a biological relationship, was concealed from Mr. Odiete until 2022 when he visited the agency to follow up on the adjustment of Linda’s immigration status. During that visit, he learned that Linda’s I-130 petition had been rescinded, stripping her of the legal right to remain in the U.S.
The delayed notification became the foundation of Mr. Odiete’s lawsuit against USCIS. He argued that the agency violated his rights by failing to provide timely notification of the revocation.
“I was never notified by the USCIS that the approval of my daughter’s I-130 petition had been revoked,” Mr. Odiete stated in his court filing. “I became aware of the revocation when my daughter and I attended her interview to adjust her status here in the United States of America.”
Citing Section 205(c) of the U.S. Immigration and Nationality Act, Mr. Odiete highlighted that USCIS is required to issue written notification explaining the specific reasons for revocation. He claimed this failure infringed on his due process rights and left him unaware of his daughter’s precarious immigration status for years.
In his lawsuit, Mr. Odiete sought a court order to prevent Linda’s deportation to Nigeria while the matter remained unresolved. He also requested the reinstatement of Linda’s I-485 application for permanent residency, emphasizing that her removal would cause significant emotional and familial distress.
The case underscores the complexities of paternity fraud, family bonds, and immigration laws. While Mr. Odiete continues to fight for his daughter’s residency, the court’s decision will likely have broader implications for similar cases involving non-biological parent-child relationships in immigration proceedings.
This ongoing legal battle reflects Mr. Odiete’s unwavering commitment to Linda, raising questions about the balance between legal frameworks and familial relationships in immigration policies.