need helps "error in my forms DS-230

[Britsimon]

hello everyone, I am new here and will please need on input.

I came to the US in 2007 on the DV Lottery program, but on the Ds-230 my child name was not included because we understood the information as (21a) person who is going with you now and (21b) person who will follow as a later date. So since it was just my husband and I leaving at that time we just put the two of us. Now I am a citizen and will like to send for my child, can that be possible?


If this will help my husband was the primary applicant. please I need all the help I can get.

I that situation I would recommend you speak to a competent immigration lawyer. Opinions of people here would just be that - opinions, and you will need more than that...

 

[SusieQQQ]

Thanks for your response.

I did not claim a wrong country of birth. My country of birth was right just the country of nativity that I mistakenly picked the country that appeared before my own country in the drop-down list. So I just want to know if this will not affect my chances at the interview

Thank you

If the country you selected for chargeability comes from the same region as your actual country of chargeability, you'll probably be fine. If it isn't you will be disqualified.

hello everyone, I am new here and will please need on input.

I came to the US in 2007 on the DV Lottery program, but on the Ds-230 my child name was not included because we understood the information as (21a) person who is going with you now and (21b) person who will follow as a later date. So since it was just my husband and I leaving at that time we just put the two of us. Now I am a citizen and will like to send for my child, can that be possible?


If this will help my husband was the primary applicant. please I need all the help I can get.

Yes, a citizen can file a petition on behalf of a child under current immigration law. How long it will take will depend on which category they fall into - if they are single It will be faster to get them over than if they are married. Some of these categories will be excluded if the new immigration bills get passed. However: I second britsimon's advice to see a lawyer, because your husband should have included this child on the DV application (assuming s/he was under 21 at the time) and there may be problems arising from this omission. If the child was over 21 at the time this won't be an issue, but bear in mind it takes a long time for petitions for children. Current priority dates (when petitions were filed) that are being processed are Sept 2006 for unmarried children and Jan 2003 for married children.

 

[helllo.11]

hi every body, i'm new in this forum and i really need your help
i realized today that i did mistakes in my forms ds 230 part1
the first mistak its 5.Age, i put 25years, but i will be 25 in november so now i'm 24
and second mistak 32.In what occupation do you intend to work in the United States? and i didnt answer, didnt write anything
so i want to know if its a big error and mistake, and what i should to do,
and i need someone to help me for write a mail for KKC to explain all that to them
i'm really worry and stressed right now, so please i need so much your help i'm waiting your answers

hey everybody, about my case, some ppl told me thats no need to send them an email to kkc coz they are not a big mistakes, they just suggest me to print new correct forms and take them with me on interview
so i need to know, if its really correct what they suggested me, waiting your advices thnx

 

[Britsimon]

hey everybody, about my case, some ppl told me thats no need to send them an email to kkc coz they are not a big mistakes, they just suggest me to print new correct forms and take them with me on interview
so i need to know, if its really correct what they suggested me, waiting your advices thnx

Hello.11 what you have been told is correct and you will be getting your interview date very soon. So just relax. Asking the same question again and again isn't going to help. If you prefer send the corrections by email - but EITHER WAY is fine.

 

[Sm1smom]

Thanks for your response.

I did not claim a wrong country of birth. My country of birth was right just the country of nativity that I mistakenly picked the country that appeared before my own country in the drop-down list. So I just want to know if this will not affect my chances at the interview

Thank you

Going by your guarded posts, my guess is your country of birth and the chargeability country you selected are not within the same region/continent. Now if your wife is from the chargeability country you selected, you probably might be ok. If she's not, I'm afraid the game is over for you before it's even began!

 

[Sm1smom]

hey everybody, about my case, some ppl told me thats no need to send them an email to kkc coz they are not a big mistakes, they just suggest me to print new correct forms and take them with me on interview
so i need to know, if its really correct what they suggested me, waiting your advices thnx

You're unneccesarily stressing over small issues, not quite taking any step to rectify them, but going on and on and asking different people for suggestions on what to do.

The errors on your form are minute, nothing major to lead to a disqualification. To rectify them, if you wish, you can do either of the following:

1. Send an email to KCC as illustrated above.

2. Fill out a new set of forms and email these forms to KCC (the forms do not have to be sent via post).

3. Fill out a new set of forms and attend the interview with them.

 

[helllo.11]

Hello.11 what you have been told is correct and you will be getting your interview date very soon. So just relax. Asking the same question again and again isn't going to help. If you prefer send the corrections by email - but EITHER WAY is fine.

ok britsimon thnx much for the advices, and thnx for evrybody

 

[helllo.11]

You're unneccesarily stressing over small issues, not quite taking any step to rectify them, but going on and on and asking different people for suggestions on what to do.

The errors on your form are minute, nothing major to lead to a disqualification. To rectify them, if you wish, you can do either of the following:

1. Send an email to KCC as illustrated above.

2. Fill out a new set of forms and email these forms to KCC (the forms do not have to be sent via post).

3. Fill out a new set of forms and attend the interview with them.

Thnx Sm1smom, its nice from you, i think with all this advices you gave me from all of you that made me more relax for now, its just i was worry about this mistakes i thought they are a serious problem, but for now and with information you gave me so thats fine for now
thnx again everybody

 

[Sm1smom]

hello everyone, I am new here and will please need on input.

I came to the US in 2007 on the DV Lottery program, but on the Ds-230 my child name was not included because we understood the information as (21a) person who is going with you now and (21b) person who will follow as a later date. So since it was just my husband and I leaving at that time we just put the two of us. Now I am a citizen and will like to send for my child, can that be possible?

If this will help my husband was the primary applicant. please I need all the help I can get.

You need to speak with an immigration attorney before you proceed with filing for your son.

One of the grounds for revocation of citizenship is concealment of material facts or willful misrepresentation, my thinking is not listing your son on forms DS-230 could fall within this category. So speak with a competent immigration attorney to figure out what to do.

 

[SusieQQQ]

You need to speak with an immigration attorney before you proceed with filing for your son.

One of the grounds for revocation of citizenship is concealment of material facts or willful misrepresentation, my thinking is not listing your son on forms DS-230 could fall within this category. So speak with a competent immigration attorney to figure out what to do.

But was I correct that this is only a problem if the child was under 21 at the time?

 

[raevsky]

Thanks for your response.

I did not claim a wrong country of birth. My country of birth was right just the country of nativity that I mistakenly picked the country that appeared before my own country in the drop-down list. So I just want to know if this will not affect my chances at the interview

Thank you

If your selected country of chargeability belongs to the same region as a country you could be chargeable to, that is one story. If you cannot be chargeable to any country from EU region, that is completely different thing.
You were filling your spouse's entry, right?
You selected a EU country, Italy. That means this error is disqualifying if she cannot be charged to any EU country.
Where were you born?
Where was your spouse born?
Where were your spouse's parents born?

 

[raevsky]

It seems to me the country before Italy in drop-down list is Israel. Correct?
Israel belongs to AS region, and Italy to EU region.

9 FAM 42.33 N4.3 Errors in Choice of Country of Chargeability
(CT:VISA-1478; 08-26-2010)
If the entrant chooses the wrong country of chargeability at the time of the initial
entry, the error will generally be disqualifying. However, if a DV applicant chooses
a country of chargeability during DV registration that is within the same
geographic region (one of the six) as the correct country of chargeability, and you
determine that the applicant gained no benefit from his or her error, you may
continue processing the application.

 

[Sm1smom]

But was I correct that this is only a problem if the child was under 21 at the time?

Yes, you're correct. Applicants are not required to list children over 21, or children who are already US citizens or LPR on their E-DV applications. However, my understanding is for the DS forms, one is required to list ALL children including those who are over 21. I interpret this to mean that they understand that once parents become citizens, they may want to file for these children who could not immediately benefit from the DV selection. Having this information on record would guard against people trying to file for some extended family members or anyone else as their children. But then, I could be wrong with my wider interpretation of the requirement to list all children on the DS Form.

In this particular case though, I would hope that Rayna listed her son on her N-400 form. If she did and no eyebrows were raised in the process of her citizenship application, then it might not be that of an issue. All the same, she's better off talking to an immigration lawyer.

 

[raevsky]

But was I correct that this is only a problem if the child was under 21 at the time?

My understanding is that you do not have to list children with effective age over 21 on the form DS-230. They say "children", they do not say "sons or daughters".
Both are legal terms, not just English words.

Compare.

http://www.state.gov/documents/organization/86920.pdf

9 FAM 40.1 N2 CHILD DEFINED
(CT:VISA-1581; 10-04-2010)
The term “child” refers to an unmarried person under 21 years of age. For
information on when an unmarried person over the age of 21 may meet the
definition of child under the Child Status Protection Act (CSPA), please refer to 9
FAM 42.42 N12. This note addresses the many categories of the term “child”
under the provisions of INA 101(b)(1), including the categories of 101(b)(1)(F)
and (G), which are also addressed in 9 FAM 42.21

9 FAM 40.1 N5 SON OR DAUGHTER DEFINED
(CT:VISA-566; 08-04-2003)
The INA defines “son” or “daughter” as someone who has at any time met the
definition of child in INA 101(b)(1).

Moreover, about form DS-230

9 FAM 42.65 N9 DOCUMENTS REQUIRED FOR
SPOUSE OR CHILDREN NOT ACCOMPANYING ALIEN
(CT:VISA-1459; 07-30-2010)
In addition to the personal documentation required of an applicant, a
principal alien is also required to submit documentation establishing the
relationship between such principal, the spouse, and all children, including
those who will not accompany the principal applicant. If a male principal
applicant has an illegitimate offspring who meets the definition of “child” in
INA 101(b)(1)(D) (8 U.S.C. 1101(b)(1)(D)), as amended, you will also
require documentation for that child. (See 9 FAM 42.65 PN2.)

They again very specifically mention the definition of 'child'.
Of course, age 21 means under definition of CSPA, not biological ega, rather effective age.

 

[raevsky]

Term "all children" on the form DS-230, from my point of view, has a special meaning to remind you that child is a legal term, and not just an English word, and there are a lot of categories of people who satisfy the definition of child while they are not your children in common sense of English language. On top of that, provided you know the definition of child, "all" just means not to forget those who do not accompany you.

 

[raevsky]

A very interesting thing is that AOS requirements are different, I-485 form specifically asks you to include you adult sons and daughters, while 9 FAM instructions ask you to exclude them, from my point of view.

 

[raevsky]

including those who will not accompany the principal applicant

Looking at the wording of the regulation (they mention "not accompanying" but say nothing about "not following-to-join"), it seems to me the reason to include children on the form DS-230 is for them to be able to accompany or follow-to-join the principal with a straightforward process.

 

[SusieQQQ]

Hm, looking the DS230 form again I am inclined to think it is all children, but maybe they can use a lawyer to argue as per the definitions Raevsky has mentioned. If the child was under 21 of course there is absolutely no argument for omission.

 

[raevsky]

Yes, I totally agree with both points SusieQQQ has mentioned.

 

[Sm1smom]

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