I came to US 15 years ago. I was married (divorced) back in my country, had 3 children. I got married in US and have a boy (US citizen.) Unfortunately, we are legally separated since 2010. I got my Green Card in 2008, now I am about to file a N-400 to become a US citizen. I want to put my 3 children in N-400 whom I had left behind. All of them are under 21 years. My second wife in US didn’t agree to include my 3 children while I was filling I-485 (green card) in 2008, so I didn’t include them. Do the USCIS think that I was lying about my marriage and children while I was obtaining my green card, and deny my N-400? DNA will prove them as my children. Can I include them in my N-400, and bring them as my children after becoming a US citizen? Is there any legal ways to solve this issue?
I really recommend a consultation with a local immigration counsel as there are some issues that you need understand that.
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This is a complex area of immigration law. You are best advised to seek a confidential consultation. To answer in general terms: yes, you should be able to petition for your children. I would file I-130 petitions now, while you are still in LPR status. Later, you would be able to upgrade your petition once you become a USC, but your priority date will remain intact. The other issues you are facing should be discussed in full confidentiality with a competent immigration attorney in your area.
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You need to talk to an immigration lawyer about this. You can and should list your children on your N-400. You will have to explain to USCIS why they weren't included in your I-485. You need to correct the omission from your earlier application, but how you do this and how you can now prove that they are your children is something you should get advice on.
This is going to require some legwork in relation to processing your N-400. You should consult with an immigration lawyer who can help you with your naturalization application. Many of us offer consultations over the phone and/or in person.
I am an attorney licensed in New York and Texas who is a former (retired) NYPD Police Officer. This answer is provided as a general response and is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
This is very sensitive and better discussed in private consultation with an immigration attorney.
I am a lawyer, but I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.
Not including them would be lying. The form does not care if you WANT to report them, it REQUIRES you to report them. If you obfuscate, lie or otherwise try to conceal them, then you can jeopardize your application.
Consult with an immigration attorney to discuss your options, because if you already submitted the I-485 without including them, then you HAVE lied, and you need to correct this with the Immigration folks the proper way. The best is with the assistance of seasoned immigration counsel.
This does not constitute legal advice or the engagement of my services as an attorney.
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