MY HUSBAND HAS A CHILD IN USA. WE LIVE IN NY AND IM ADJUSTING HIS STATUS FOR A GREENCARD. SHOULD I MENTION THAT CHILD?

Asked about 1 year ago - Bronx, NY

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?

Attorney answers (6)

  1. Daniel Patrick Hanlon

    Contributor Level 20

    6

    Lawyers agree

    Answered . Failure to disclose material information on USCIS applications is fraud. Please consuylt with an immigration attorney before making any grave errors.

  2. Dean P Murray

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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... more
  3. Alexus Paul Sham

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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 alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  4. Allan Scott Lolly

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . 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... more
  5. Alena Shautsova

    Pro

    Contributor Level 20

    Answered . 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... more
  6. Joseph Caraccio

    Contributor Level 12

    Answered . 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... more

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Adjustment of status

When a person in the United States changes his or her immigration status to permanent resident, this is called "adjustment of status."

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