So my n400 will be denied and my green card revoked

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#1
Hello Folks,

I came to the United States Illegally in 1992. I had a child with a US citizen. I was scared to live my entire life on the run from immigration authorities so I decided to go back to Mexico to do it the right way. Anyhow, I never had any status in the US and upon going back to Mexico I got married to my sons father. He petitioned for me to come back lawfully. Only there was one problem, I was considered inadmissible. So when asked with the question of whether I was in the United State previously, I stated I was not. My petition was approved and I headed for my new life in the US. This was well over 20 years ago and I haven't had any issues. I was always afraid of applying for citizenship in the event they found out about my US born child. I was convinced by an immigration attorney to file the petition and to also mention my US biological child. He stated that since it's been so long and this was their fault, your mis repensentation will be likely be forgiven. Assuming I clear finger prints and background checks. So I submitted it about two months ago. After searching online it seems most attorney think the opposite. Now I have severe anxiety and I always think the worst possible scenario in my head.
 

Sm1smom

Super Moderator
#2
Are you saying that you not only lied when asked about previous US stay, you also failed to disclose your son’s existence when your husband petitioned you?
 
#3
The US Biological child was never asked or mentioned. If it was asked I would have surely mentioned it. As for the previous US stay, I was advised by the petitioning parties attorney to state I had not stayed in the US other wise I would have to wait 10 years. This was a grave mistake and quite frankly malpractice on his part because according to my attorney now, there was no need to lie. I was eligible for a waiver under the INA and would have likely received it. That same attorney ended up getting disbarred for malpractice. Now i'm in this conundrum. I was told by my attorney, my likely worst case scenario is I get placed in removal proceeding and due to my ties I would receive the waiver I should have applied for a long time ago.
 

SusieQQQ

Well-Known Member
#4
What do you mean it was never asked? The DS forms (probably DS230 when you applied) ask intending immigrants to list all children.

Unfortunately yes you have a compounded problem now for material misrepresentation. You will need good legal representation to help you with this, hopefully you can get a waiver.
 

Sm1smom

Super Moderator
#5
You or your spouse were never asked on any of the submitted forms about existing children? I find that quite strange. Very strange indeed!

And your new attorney who convinced you to apply for citizenship and list your previously undisclosed son on the citizenship application form says your misrepresentation will be forgiven because the fact you knowingly followed the flawed instructions of a now disbarred attorney was USCIS’s fault? You just might be walking down a similar path.
 

SusieQQQ

Well-Known Member
#6
To add - this is a sample of the form that you probably filled in if we are taking 20 years ago. Your answers to questions 19 (children) 20 (previous adresses) and 25 (previous stays in the US) at least would have been knowingly false (and probably 22, employers, as well). This is very clear material misrepresentation to gain an immigration benefit, and you will definitely need legal assistance to try overcome this. It can carry a lifetime ban (as the form itself warns), hopefully you can get a waiver.

https://www.immihelp.com/forms/ds-230-sample-immigrant-visa-application.pdf

(Mom, hope I’m allowed to use this link, using because it has a form from that time period which is not quite the same as more recent ones)
 
#7
But what if my child was born on mars? Would that make any difference? I mean if you think about it technically speaking they did ask about kids born in a different galaxy? Nomsayin? you've been trolled.
 
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