In order for your father to file for you for a green card, you have to be legitimated and those laws depend on where you were born or the country of birth.
Some countries will legitimate you just by having your name on the birth certificate. Other countries only allow legitimation if your parents are married. If you are from a country where you can only legitimate by being married, then unfortunately they probably will not be able to sponsor you.
If a father who had you out of wedlock wants to sponsor you from a country with easier laws, they have to demonstrate that you had a father/child relationship prior to your eighteenth birthday.
If you have legitimization and evidence of a father/child relationship, than yes, your father can sponsor you for a green card regardless of whether your parents were married.
When United States immigration authorities provide permission to foreign nationals holding a nonimmigrant visa in the U.S. to change status to another nonimmigrant category while in the U.S. that constitutes a Change of Status. After temporarily entering the United States for a specific purpose such as business, study, temporary employment… Read More
In general, a noncitizen who wishes to temporarily enter the United States must first obtain a nonimmigrant visa for a temporary stay, such as a visitor visa. This type of visa allows said noncitizen to enter on a short-term basis for business, tourism or a combination of both. But not… Read More
If immigration authorities have denied you a visa or other immigration benefit, you may be able to resolve the problem by applying for an I-601 waiver. Otherwise known as an Application for Waiver of Grounds of Inadmissibility, Form I-601 allows certain immigration applicants to apply for a visa, an adjustment… Read More