In removal proceeding cos i didn't mention child's birth in my filings, pls help!!!

I

ikesoke

Registered Users (C)
I am married to a us citizen and filed after 5yrs of our marriage. Interview for citizenship was fine but was told that they will ge tback to me. I received a denial letter after 4months, after a week of this letter, i got notice to appear for removal proceeding today in the mail. The date is yet to be fixed. The denial said that I did not mention that I have a child. Yes, I do have a child and he was born in the US by my ex wife but when i was filing the form, i was thinking that you only need to include the names of children if you intend to file for them later. I did not include the childs name in any of the paper but i do pay child support and has been claiming her on tax.
I am so scared to death, the letter said that i was not supposed to get the green card. Please what are my chances of not getting deported?. I do not have any criminal record and my wife is with me all the way, she knows about the child as she comes everweekend to our house. Please someone talk to me!!!
 
You are not very clear on exactly why you were denied. What is the section of law cited>

From the scattered information in the post, I have to ask for clarification.

Were you denied for failing to prove a bona fide marriage?

Is the child that did not mention evidence of an ongoing relationship with a wife that you only divorced in order to enter a fake green-card marriage? Was the child with the ex-wife conceived and born during your current marriage upon which you are basing your immigration status adjustment?

These are the obvious things gleaned from your post. Have you got any specific inadmissibility issues?
 
thanks for replying. The bona fide of the marriage was never in question at all. My daughter was born before the marriage to my current wife and my name is on the brith certificate.
 
ikesoke said:
thanks for replying. The bona fide of the marriage was never in question at all. My daughter was born before the marriage to my current wife and my name is on the brith certificate.
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Now you are being evasive. WHAT WAS THE ACTUAL SECTION OF LAW THAT WAS CITED AS THE BASIS FOR DENIAL?
 
ikesoke said:
I am so scared to death, the letter said that i was not supposed to get the green card.
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What was the basis of your green card? DV lottery? A previous marriage?

If you didn't mention children on the DV lottery paperwork, that is definite grounds for GC revocation.
 
Also, be clear on when you filed for your green card; before or after your child was born and did you exclude the child from the green card application? Then also detail if you listed your child on your N400 application, everything you are talking about so far seems unclear.
 
ikesoke said:
The denial said that I did not mention that I have a child.
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So the denial was for misleading information to a US government official? Did you also fail to mention child by ex during GC process and removal of conditions as well?

Here's what the N0400 application part 9 states:

How many sons and daugther have you had? For more information on which sons and daughthers you should include and how to complete this section, see the instructions.

And here are what the instructions say:

A. Write the total number of sons and daughters you have had. Count all of your
children, regardless of whether they are:
• alive, missing, or dead;
• born in other countries or in the United States;
• under 18 years old or adults;
• married or unmarried;
• living with you or elsewhere;
• stepsons or stepdaughters or legally adopted; or
• born when you were not married.

http://www.uscis.gov/files/form/n-400instr.pdf

To USCIS, it makes it very clear as to what you are supposed to declare. Since you didn't declare your child born to ex-wife USCIS considers you to have provided false/misleading information to a US government official in order to obtain an immigration benefit.

You urgently need to seek the advice of an experienced immigration lawyer before your immigration hearing. This (defending your case) is not something you can easily do on your own.
 
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misleading info costing me possible deportaiont

thanks all, I have checked all my files gc application, removal of condition and citizenship and passed out. I did not mention any child. Is there anyway out?. Has there been any similar case like mine?. I was so stupid, somebody should flog me so hard. I still cant believe that i am in removal proceeding because of this. Do I have any hope?. Is there any law to back me?. All my tax papers has her name, at work she is mentioned, family and friends knows. Lawyers fees are expensive, If i can get suggestions , we want to fight by ourselves. The sad case is that i was not given any opportunity to appeal and there is no date yet. Does it mean that they have concluded that I need to be deported?
 
Would you please answer how you got your green card? And when was the child born, relative your green card process? Those facts effect whether you'll be deported for this.

The sad case is that i was not given any opportunity to appeal and there is no date yet. Does it mean that they have concluded that I need to be deported?
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You will have the opportunity to defend yourself in the removal proceedings.
 
My wife is a USC. My ex wife is not, We were married in my native country but we were divorced before the child was born here. I got married to my current wife a year or so after the child was born. I got my green card from my current wife and we have been living together ever since then. we have not been blessed yet with a child yet.
 
Okay, good info. However, you still need to answer the questions;

1. did you exclude the child from the green card application?

2. did you list your child on your N400 application (it seems you said you did not, but detail here anyway)?
 
Did you mention your ex-wife in your green card paperwork and N-400, and did you submit a copy of the divorce decree? If you didn't, they might suspect you were still married to your first wife when you married your current wife, and you should be able to resolve that in the removal proceedings.

It's also possible that they don't know your child is a US citizen.

When you applied for your GC, was your current wife a USC or LPR who filed a marriage-based petition for you? Or did you apply as a derivative to your wife's employment- or family-based GC process?
 
I did mention my ex wife in all the paper work and also submitted a divorce decree. My current wife is a USC.
 
You are still evading the two questions I asked above, which can be the difference in how people can respond to your inquiries. Anyway, since you don't need anyone's insight from continueally witholding vital details (not a good habit), in any case you need a competent attorney. Keep in mind that some "immigration attorneys" only help file clean/straight forward applications and have NO experience whatsoever with complex immigration cases such as yours, so you don't just need to get an attorney, you need to get a competent immigration attorney. If you ask me, I would recommend these guys, this rot of problems is all they deal with and are highly successful, at least call them for how they can help you or next steps they recommend; http://www.bretzlaw.com/
 
Hi jayoa, i have answered the questioned you asked me, read my postings, I need help here and cant hide any vital info that will help ok
 
ikesoke said:
Hi jayoa, i have answered the questioned you asked me, read my postings, I need help here and cant hide any vital info that will help ok
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Okay, I think I might have skipped the details. My advise is not to pursue this on your own because since you did not mention your child on applications as far back as your green card application, it seems like grounds to get you removed. Get a competent attorney, though it might be expensive but not getting one may even cost you more.
 
With all the facts you've stated so far, I can't see how they can find that failing to list your USC child is a material fact that would be grounds for deportation. If this child is the only issue, I expect you can easily resolve it in the removal proceedings by showing the relevant documents about your child and ex-wife (divorce decree, child's US birth certificate, etc.).

But maybe there is some other issue you've forgotten about. Did you retain a copy of your green card paperwork? Could there be some other discrepancy in the paperwork?
 
I have checked all my paper work and has not seen . any other discrepancies to best of my knowledge. This is the only case they have against me as far as i know and the letter said.
 
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