My sister e-filed her case under NIW category. On the I-140 form that was e-filed (by her attorney), under Part 7, the attorney added the name of one of her children who is otherwise US citizen (by birth), and also mentioned country of birth as India. Everything else looks good. She talked with her attorney and attorney told her not to worry since they will not be filing any other paperwork (e.g., I-485, I-131 etc.) for this US citizen child. Is the attorney right or she needs to do something to correct this mistake.
We are worried since it might affect the decision on her case as she has not been out of the country since she arrived in US and as such it is not possible for the baby to be born in India, and secondly, like everybody else, once they sign the form, they certify, "under penalty of perjury under the laws of the United States of America, that this petition and the evidence submitted with it are all true and correct. I authorize the Bureau of Citizenship and Immigration Services to release to other government agencies any information from my CIS (or former INS) records, if the CIS determines that such action is necessary to determine eligibility for the benefit sought."
Please advice what her options are? Should she go ahead and file a new I-140 or there is a way to fix this error or not doing anything (as suggested by the attorney) since they will not be submitting any additional forms for this child will take care of the issue.
Thanks a bunch.
We are worried since it might affect the decision on her case as she has not been out of the country since she arrived in US and as such it is not possible for the baby to be born in India, and secondly, like everybody else, once they sign the form, they certify, "under penalty of perjury under the laws of the United States of America, that this petition and the evidence submitted with it are all true and correct. I authorize the Bureau of Citizenship and Immigration Services to release to other government agencies any information from my CIS (or former INS) records, if the CIS determines that such action is necessary to determine eligibility for the benefit sought."
Please advice what her options are? Should she go ahead and file a new I-140 or there is a way to fix this error or not doing anything (as suggested by the attorney) since they will not be submitting any additional forms for this child will take care of the issue.
Thanks a bunch.