Should I list my children on my n-400 application, which I did not list on my adjustment of status?

Asked almost 2 years ago - Arlington, VA

I was married, and had children out of wedlock while being married to my wife, when I applied for adjustment of status I did not list my children. Now I'm planning to apply for naturalization what should I do. We are divorce now for three years.

Attorney answers (7)

  1. Alexander Joseph Segal

    Contributor Level 20

    16

    Lawyers agree

    6

    Answered . You should list all children on the Form N-400 Application for Naturalization as the question specifically asks you to list all children. A failure to disclose all your children could be viewed as misrepresentation as well as go against good moral character as false testimony. That being said, the fact that you failed to disclose the children you had out of wedlock on your Form I-485 Application for Adjustment of Status is serious. You were required to designate all children on this form as well. USCIS will likely view the failure to disclose these children as a material misrepresentation as it would challenge the validity of your marriage. You need to consult an experienced immigration before filing you Form N-400 Application for Naturalization.

  2. Geoffrey Alan Hoffman

    Contributor Level 16

    11

    Lawyers agree

    Answered . Excellent post by my colleague - I agree children out of wedlock impacts the GMC good moral character determination, must disclose and be honest and truthful on all forms to USCIS. With respect to failure to disclose previously it MAY be viewed as not "material" but then again it could be material depending on how it may have affected the final disposition of your I-485. Seek counsel immediately. Goto

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  3. Christian Schmidt

    Contributor Level 19

    11

    Lawyers agree

    Answered . You must answer all questions truthfully. USCIS may investigate the circumstances of your adjustment application again and you may lose your resident status. You may be better off if you do not apply for citizenship. I recommend consulting with an immigration attorney.

  4. Ismail T. Shahtakhtinski

    Contributor Level 12

    7

    Lawyers agree

    Answered . Whether not listing your children on adjustment application was a misrepresentation depends on many factors. You still have a chance to cure that. Consult with a lawyer.

    Ismail T. Shahtakhtinski, Esq.
    Attorney & Counselor at Law
    I.S. Law Firm, PLLC
    1199 N Fairfax St., Ste 702
    Alexandria, VA 22314
    Tel: (703) 527-1779
    Fax: (703) 778-0369
    ismail@islawfirm.com

    The information provided in this answer is designed to provide useful information and background materials about I.... more
  5. Amanda Faye Mitchell Diaz

    Pro

    Contributor Level 8

    8

    Lawyers agree

    Answered . I agree with what has been said here. You must answer all questions truthfully on your N-400 application, which would include naming all of your children. I would be very careful about submitting an N-400 application after having failed to disclose your children on your adjustment of status application. USCIS could find that you made a material misrepresentation on your adjustment application, especially because your children born out of wedlock would have been considered when determining the validity of your marriage. I strongly urge you to consult with an experienced immigration law attorney before proceeding with your naturalization application.

  6. Dean P Murray

    Contributor Level 18

    8

    Lawyers agree

    Answered . Your prior misrepresentation to USCIS is serious. Do not file N-400 without consulting an immigration lawyer.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  7. Mark Robert Barr

    Contributor Level 16

    6

    Lawyers agree

    Answered . Did you obtain your green card based on the marriage to the woman you were being unfaithful to?

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In order to become US citizens and enjoy the benefits that citizenship grants, immigrants must go through the naturalization process.

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