He took an oath to defend the Constitution and all the laws of the land. Now a U.S. soldier, and Texas A&M grad says those very rights he fights to protect are not being upheld when it comes to his family.

Back in April we first told you about Captain Cheyne Parham and his Washington County family, who are taking on the government to bring his loved ones to the U.S., after the American Consulate refused them passports.

It's been almost a year since Parham began his fight, and his family is still being denied access into the country despite some new evidence.

Now after months of litigation, the soldier speaks out.

"This would have been one of the most amazing Christmas gifts I could have imagined, to have my family here," Captain Cheyne Parham said.

For Captain Cheyne Parham visiting his parents in Washington County this holiday is bittersweet. What he hoped would be homecoming for his entire family, has now turned into another Christmas without his wife and kids.

"I've missed out on all but about a month of their lives, and that's one month combined," Parham said. "I've got to miss their first step I got to miss their first real word."

For pretty much all of 2009 Captain Parham has been fighting the government to bring his wife and twin daughters to the U.S., after the American Consulate in the Philippines questioned the paternity of the children, and denied them passports and visas.

"The Consulate said, 'I'm just not 100 percent convinced you were exclusive at the time of conception.' Now she based that statement off my wife working at a bar in Korea," Parham said.

Parham produced birth certificates, marriage certificates, insurance forms, and even a court ruling saying the kids are his without any luck. When that didn't work he even recently took a DNA test.

"We sampled my wife, one of my daughters, because the other one was sick at the time, and I got sampled as well. The results came in three to four days later after we got it to the lab, and 99.98 percent of American Caucasian males are excluded from being the father," Parham said, "So it's 99.99 percent I'm father."

But Parham says the Department of State is ignoring this latest piece of evidence and now wants him and his family to submit to another DNA test--this one conducted by the American Consulate in Philippines.

"Someone who has already insulted my wife, that has insulted my children by calling them illegitimate children," Parham said.

Parham is now preparing his wife, and family for another holiday apart...

"The only thing I can tell her is to keep faith," Parham said.

It's faith that keeps them fighting to be together once again.

"I have a responsibility to every other service member who has been through this, and that will be in this situation. Because if I don't fight then the wrong will just happen again," Parham said.

According to the Parham's an initial federal court dismissed their case back in August after the State Department argued that Cheyne had not exhausted all avenues possible--and should have also filed for a certificate for identification.

Since then, Captain Parham has requested that document, but has been told that form hasn't been actively used since the late 80's.

Currently the Parham's are appealing the earlier ruling, citing other cases ruled on by the Supreme Court.

News Three did attempt to contact the U.S. State Department about this latest information, but our calls went unanswered.

In the past though, officials with the department told News Three that the burden of proof always rests with its applicants.
Meanwhile, Parham's wife, and children can not even come to U.S. on an immigration or just temporary visa or passport because of the current probe into the kids citizenship.