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

Thank you all. I have made appointment with an attorney for monday. All the inputs here are giving me clues as to what might be going on. Anyway, the letter stated that I am ineligible for naturalization based on section 318 of INA. What does that mean?. I just read down the letter again, the letter said that on the my first interview for the green card that i acknowledged that i have a child but faild to mention it on any of my forms.
For the child support thing, I never missed it and I have all eveidence, and I do claim her on all my taxes. I do not know if this will be enough reason to deport me. We are near to buying our new home but with this , we have to suspend it, i am not in the good frame of mind again. we are just scared.
 
ikesoke said:
Thank you all. I have made appointment with an attorney for monday. All the inputs here are giving me clues as to what might be going on. Anyway, the letter stated that I am ineligible for naturalization based on section 318 of INA. What does that mean?. I just read down the letter again, the letter said that on the my first interview for the green card that i acknowledged that i have a child but faild to mention it on any of my forms.
For the child support thing, I never missed it and I have all eveidence, and I do claim her on all my taxes. I do not know if this will be enough reason to deport me. We are near to buying our new home but with this , we have to suspend it, i am not in the good frame of mind again. we are just scared.
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Here is a link to INA Section 318:
http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9852.html

Basically it says that you need to have been lawfully granted an LPR status in order to be eligible for naturalization.
Since the letter cites INA 318 as a reason for the denial of N-400, the IO appears to have concluded that your original green card application should not have been approved since on I-485 you concealed the information about your child from the prior marriage.

Unless there is more to the story and there is some additional info that you have not told us about here, I found the IO's reasoning pretty strange. It does not appear that the information about your child from prior marriage was materially relevant to your eligibility for the green card at the time your I-485 was filed. So the precise logic of invoking INA 318 is somewhat difficult to understand, especially since, as you say, you actually did disclose the information about that child during the green card interview (by the way, did you do adjustment of status or consular processing when obtaining a green card?)

In any event, IMO, you absolutely need to hire an immigration lawyer to handle your situation. Does not matter how expensive it is to get a lawyer: trying to represent yourself during a deportation hearing is a terrible idea. There is too much at stake for you here, and specialized knowledge of the immigration law is required to properly present your case to the immigration judge.
 
I have been reading this thread for a while and CalGreenCard said most of the things I was thinking and one of them was I also assumed that maybe you missed a child support once or twice before so you ommitted it. And my main question was why you didn't you mention your child. And I read your original post and you said "i was thinking that you only need to include the names of children if you intend to file for them later". But as you can see, it is a big deal when you omit or didn't answer and if you really aren't sure of your answer you should have read the instructions properly. Now, you can use that reason and your lawyer will help you with that. But if it is hard to convince some people here of your reason what more the USCIS themselves. But then you never had any criminal background or anything so they maybe more lenient. Now even if it is a red flag they probably need to prove why, or it is up to them.

Don't worry your lawyer will help you with that. Goodluck and do update us of the outcome. Again goodluck.
 
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Jackolantern said:
Courts have ruled that deportation of an LPR for misrepresentation must involve a material fact (with limited exceptions such as where there was fraudulent intent involved in the misrepresentation of the immaterial fact).
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Bobsmyth said:
That's a different part of the law not covered by INA 101(f)(6).In Kungys vs US, the supreme court ruled that false testimony does not need to be material under INA 101(f)(6) which is the discussion here.
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Right, but that's exactly the type of thing I was referring to in my parentheses. And that's what the guy did in Kungys vs. US by giving false information about his date and place of birth and occupation.
 
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Why am I hard on evasive people in this forum??? This is why....

ikesoke said:
Thank you all. I have made appointment with an attorney for monday. All the inputs here are giving me clues as to what might be going on. Anyway, the letter stated that I am ineligible for naturalization based on section 318 of INA. What does that mean?. I just read down the letter again, the letter said that on the my first interview for the green card that i acknowledged that i have a child but faild to mention it on any of my forms.
For the child support thing, I never missed it and I have all eveidence, and I do claim her on all my taxes. I do not know if this will be enough reason to deport me. We are near to buying our new home but with this , we have to suspend it, i am not in the good frame of mind again. we are just scared.
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baikal has pointed to the first part of INA 318.

The latter part of INA 318 blocks naturalization if one is IN Removal Proceedings. A naturalization officer may issue an NTA and then deny an N-400 based on it.

except for certain military vets "....no person shall be naturalized against whom there is outstanding a final finding of deportability pursuant to a warrant of arrest issued under the provisions of this or any other Act; and no application for naturalization shall be considered by the [Secretary of Homeland Security] if there is pending against the applicant a removal proceeding pursuant to a warrant of arrest issued under the provisions of this or any other Act: Provided, That the findings of the Attorney General [this AG reference means the IJ or BIA] in terminating removal proceedings or in canceling the removal of an alien pursuant to the provisions of this Act, shall not be deemed binding in any way upon the [Secretary of Homeland Security] with respect to the question of whether such person has established his eligibility for naturalization as required by this title."

There should be an NTA which should spell out the alleged grounds for removability. Look back to the title of the thread....

What is stated on the NTA that placed you in Removal Proceedings?

Do you actually want any assistance in figuring out what's going on? Would you like to know how to prepare to approach an attorney with your case to cut down on the fees that he'll have to charge you just to get the basic information from you.? Have you heard the term "BILLABLE HOURS"? The longer your attorney spends dealing with figuring out the facts and pertinent law involved in your case---the more he can charge you.

IF you are rich then, be sure to be evasive with your lawyer and don't make his job easy so he can have a VERY clear conscience charging you a VERY LARGE SUM OF MONEY. You may end up paying for his kid's braces or a two-week vacation to Aruba.
 
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I can understand people not being comfortable with sharing information. However, calling them "evasive" is taking it a bit too far. I do not think they are trying to con you, maybe they are not clear themselves, maybe they forgot to answer 2 questions out of 10 asked by other forum members. However, yes I see that the most pertinent questions were left out ... and I agree that if a lawyer or an IO has to drill facts out of you, you are doing yourself harm. You should prepare yourself ... while it takes 4 months to get a denial letter, it might take a quick 5 minutes to decide whether you are "innocent or guilty". Yes you hear about people getting interrogated for an hour to prove their marriage is healthy, but forget those stories ... and prepare how you will present your case in 5 minutes flat.

Besides getting ideas from this forum, go find an attorney yesterday.

My personal view ... you have something to hide. So you claim tax benefits by showing a child, but never ever think the child should be listed in your immigration papers. No wonder perceptions can be formed ! And even if I am wrong in my reading of the situation, go get a lawyer.

[ADD] - For offline prep, write down what happened ... chronologically, write down your best justifications of how you forgot to mention, and rehearse these facts in your head.
 
ikesoke said:
Thank you all. I have made appointment with an attorney for monday. All the inputs here are giving me clues as to what might be going on. Anyway, the letter stated that I am ineligible for naturalization based on section 318 of INA. What does that mean?. I just read down the letter again, the letter said that on the my first interview for the green card that i acknowledged that i have a child but faild to mention it on any of my forms.
For the child support thing, I never missed it and I have all eveidence, and I do claim her on all my taxes. I do not know if this will be enough reason to deport me. We are near to buying our new home but with this , we have to suspend it, i am not in the good frame of mind again. we are just scared.
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Mr. Ikesoke: If your application was denied and you are in deportation proceedings, you are in a very serious situation. You will have to retain a good immigration lawyer, and I do believe that your case is defendable.

I came to the US in 2000 with X children. I applied for greecand in 2001. In 2010 when applied citizenship and I was called in for an interview, in the middle of the interview the officer asked me...in 2001 you claimed X children on you application and on your citizenship application you claimed Y children. Why is it so...the officer stood up and he was very serious about....forjunately i was able to solve the issue in the interview. I told him that Someone else had filled out the app for me and I provided him with documentation for the child he said I ommited...he coppied the document and he was satisfied with it even though he claimedd that I didn't mention one child on my greencrad application.....

that was my experience......good luck
 
I think this unmentioned child is just the tip of the iceberg of a bigger set of problems. That's why removal proceedings were ordered, and that's why the OP is being so evasive with information.
 
You can also try, Feiner & Lavy P.C., they have good experience in similar cases. For contact information please search by the business name on Google or go to drimmigration.com!
 
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