I'm US Citizen and i filled I -130 for my father and got approved in 2012 and he is in removal proceedings because he applied Asylum in 2008 and it refered to Immigration Judge, in 2-3 months he has Individual hearing. In 2008 because of problems between him and me. He had affidavit & declared in News paper in India that i don't have any relationship with my son . In 2008 when he filled I-589 form he didn't mention me as son is that form beacuse of this. Since last couple of years everything worked out between us, He declared & mentioned again me as a part of family in in News paper.
So my question is, Not mentioning about his Son in I-589 is mispresentation or not, because he filled out the I-589 based on the true facts at that time.
It is an omission, not a false statement. It seems to be not material, but that depends on what the asylum claim was about.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
The true facts then and now are that you are his son.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.