MY HUSBAND SIGNED THE BIRTH CERT. FOR A CHILD BACK IN 2007 ( WHILE BEING IILEGAL/ VISITOR VISA EXPIRED). I HAD A COMMUNITY LAWYER FILL OUT THE "ADJUSTMENT PACKET" AND HE ADVISED US THAT WE SHOULD NOT MENTION THIS CHILD BECAUSE IT CAN MAKE THINGS VERY VERY COMPLICATED. ESPECIALLY SINCE MY HUSBAND MAINTAINS HIS SON VIA CASH. I DONT KNOW WHAT TO DO OR IF HE'S RIGHT. CAN INS KNOW? MY INTERVIEW IS IN A WEEK...IF THEY ASK IF EITHER HAVE PRIOR KIDS. WHAT SHOULD I SAY?
You should consult an immigration attorney as soon as possible. Failure to disclose a material fact can lead to denial of the visa and possible fraud charges.
Alexus P. Sham firstname.lastname@example.org (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
2 lawyers agree
You need to consult an immigration lawyer. Perpetrating a fraud on USCIS can have very severe, negative consequences.
IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.
Misrepresentation on immigration forms is grounds for a permanent bar from the U.S., married or not. It's good that you question the advice. Please consult privately with a licensed U.S. immigration attorney who will be responsible for the advice given.
Call: 888.483.0311. Information provided is general in nature and is not legal advice to be relied upon for any particular matter.
Employment / Labor Attorney
Take a lawyer with you for the interview. The child has to be "disclosed."
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com
If you fail to mention the child and they find out about it then things are going to be much more complicated than if you had been forthcoming with the information.
It is a very bad idea to try to deceive an agent. If they perceive your failure to disclose the child as a misrepresentation you could end up getting yourself in a great deal of trouble.
I would advise you to get a second opinion from an attorney other than the one who did the adjustment packet because not disclosing the existence of that child if asked is a terrible idea.
This response does not constitute legal advice or the establishment of an attorney-client relationship. I recommend you meet with an attorney.