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

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. 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. 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

    AILA's Immigration Lawyer Search
    www.ailalawyer.com/

    No attorney-client relationship is created or implied by this communication in any way. Consult a competent immigration attorney preferably one who is a member of the American Immigration Lawyers Association (AILA).


  3. 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. 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.


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


  6. 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 on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face 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 consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and 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.


  7. 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

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