Child denied on forms- what now? (split)

[Museveni 0]

Good evening team. Kindly help me to get justice for a kid denied but her mother who won a green and joined the united states. during the interview the mother didn't indicate or say she had a kid. the kid need parental care and this is giving false information inorder to gain entry to the Us. I know were the lady lives and her contacts. how can I find justice for the kid?

[Penguin_ie 5,984]

How very odd- having a child would not have lessened the chances of her getting the visa. So, two questions:

- Do you know WHY she did not list the child?

- What is the goal here? For example, are you looking for her to send child support home?

[arken 4,197]

What she did is definitely wrong in terms of parental care but it might not be considered wrong in terms of immigration. Did she win a DV lottery? Your wording implies you wanna send her back to her child. Highly unlikely.

[Unlockable 7,306]

Yes, a little more clarification is needed. In your post you mentioned "justice" for the child. Was this a case of abandonment? Or is it a case where the mother wants the child to follow to join later?

[SusieQQQ 11,584]

Good evening team. Kindly help me to get justice for a kid denied but her mother who won a green and joined the united states. during the interview the mother didn't indicate or say she had a kid. the kid need parental care and this is giving false information inorder to gain entry to the Us. I know were the lady lives and her contacts. how can I find justice for the kid?

If this is indeed a DV lottery win, then she should have been denied the visa for leaving the child off the entry form (assuming that is what she did - there would have been no problem from a US perspective if she listed the child on her entry but did not apply for a visa for the child).

It's hard to tell what you want to do,though. Do you want to contact the embassy to tell them she got her green card under false pretenses, which will get her green card revoked and her deported? Or do you want the child to get a green card to join the mother, in which case she will need to have listed the child on the entry? How do you know for certain what she did? Do you know for sure that she did not list the child on the original entry?

[Museveni 0]

Thank guys for your comments. Am getting the help I need here.

First in her application she never indicated that she was a mother! this I consider as child abandonment. two I need guideline how to contact the embassy inorder to file my evidence. for the child to get parental care. By all means we must curb such members in the society.

If this is indeed a DV lottery win, then she should have been denied the visa for leaving the child off the entry form (assuming that is what she did - there would have been no problem from a US perspective if she listed the child on her entry but did not apply for a visa for the child).

It's hard to tell what you want to do,though. Do you want to contact the embassy to tell them she got her green card under false pretenses, which will get her green card revoked and her deported? Or do you want the child to get a green card to join the mother, in which case she will need to have listed the child on the entry? How do you know for certain what she did? Do you know for sure that she did not list the child on the original entry?

if possible let her green card be revoked

[Penguin_ie 5,984]

You can send your evidence (birth cert, photos) together with a cover letter stating what happened (and ideally including her Alien number, date of her interview etc so they can find her case and check if she truly didn't mention the child) to the embassy at their official address. You can also contact ICE via email atImmigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423.

It will then be up to them to investigate, and decide whether to revoke her greencard for material missrepresentation or not.

[SusieQQQ 11,584]

The embassy probably won't take action on the fact that she left the child behind - I'm sure they will be sympathetic but it's out of their ambit - but they can act if she left off derivatives on her application as that would have been automatic denial of the diversity visa. So yes as penguin said you can send the information to the embassy and then it's out of your hands as to what follow-up they do.

Bear in mind that even if she does get deported it doesn't automatically mean she will take care of the child. Someone who abandons their child like that has not exactly shown great parenting skills...hopefully this poor child finds someone to love and care for her

[Sm1smom 242]

Thank guys for your comments. Am getting the help I need here.

First in her application she never indicated that she was a mother! this I consider as child abandonment. two I need guideline how to contact the embassy inorder to file my evidence. for the child to get parental care. By all means we must curb such members in the society.

if possible let her green card be revoked

Hmmmn, let's be honest here: are you truly trying to get 'justice' for this child like you're claiming or is this an attempt at getting even with the lady because she left/broke up with? What is your relationship with the child in question? How old is the child? Who has always had custody of the child? How do you know she left the child's information off her forms?

How is her green card being revoked and her eventual deportation 'justice' for the child? If indeed she abandoned the child, and she ends up getting deported, you cannot force her to provide 'parental care' upon her return. And that's definitely no justice for anyone - more like the vengeful act of a scorned lover.

[Museveni 0]

My request is not based on persona grounds. only I requested how best to handle such a situation

[aaron2020 11,651]

Thank guys for your comments. Am getting the help I need here.

First in her application she never indicated that she was a mother! this I consider as child abandonment. two I need guideline how to contact the embassy inorder to file my evidence. for the child to get parental care. By all means we must curb such members in the society.

if possible let her green card be revoked

1. While not listing her child is a misrepresentation, it's not a material misrepresentation. Having a child would not have disqualified her for a visa so it's not material.

2. The law does not consider not listing her child as abandonment. The act of abandoning her child is considered abandonment. So abandonment has nothing to do with her not listing the child.

3. You can contact the US Embassy, but she is not required to file for a visa on his behalf. Being her child alone does not entitle the child to a visa.

4. You are not going to get her green card revoked. She has not done anything that justify revoking her green card.

If you want to deal with this, then contact the local authorities. Start a criminal case. It will be up to the authorities to make it an international case and they will contact US authorities with an arrest warrant.

[SusieQQQ 11,584]

1. While not listing her child is a misrepresentation, it's not a material misrepresentation. Having a child would not have disqualified her for a visa so it's not material.

.

This is incorrect. For a diversity visa, not listing dependents on the initial entry is disqualifying. Both the instruction form for entry and the instructions for selectees make this very clear. So the key is whether or not the child was on the initial entry or not - if the child was on the entry but didn't have a DS filed for her that's ok.

From the official website:

Important note: If you had a spouse or children prior to submitting your original entry, but you did not include them on your original entry form, then your case will be disqualified at the time of your visa interview. Neither you nor any of your family members will receive visas. For more information, see the DV Instructions.

https://travel.state.gov/content/visas/en/immigrate/diversity-visa/if-you-are-selected/submit-your-ds-260-online-application.html

[Sm1smom 242]

My request is not based on persona grounds. only I requested how best to handle such a situation

Statements such as "let her green card be revoked", "by all means we must curb such members in the society" do not IMHO, sound like a case of someone looking for a solution with the best interest of the said child at heart - it comes across as someone nursing a vengeful vendetta.

[Sm1smom 242]

1. While not listing her child is a misrepresentation, it's not a material misrepresentation. Having a child would not have disqualified her for a visa so it's not material.

Yes, having a child would not have ordinarily disqualified the person under discussion from getting a visa, however, not listing the child just like Susie noted, would have disqualified her.

The USCIS Policy Manual Vol 8 dealing with Admissibility also clearly states:

"T​o properly control movement across its borders, a government must be ​able to scrutinize and ​assess ​a​ person​s identity a​s part of​ ​determin​ing​ eligib​ility to enter. If a foreign national​ willfully provides incorrect information about identity and intentions ​for ​enter​ing ​th​e​ country, the ​person has deprived the ​government of its​ right to ​examine​ the​ ​request for admission.​ [1] See Matter of B- and P-, 2 I&N Dec. 638, 645-46 (A.G. 1947)."

https://www.uscis.gov/policymanual/Print/PolicyManual-Volume8-PartJ.html

It could be argued that this person did willfully provide incorrect information about her identity by claiming she has no child on her eDV registration form and subsequently on the DS-260 form - she denied the US government of the right to fully examine her - that constitutes fraud and willful misrepresentation.

[Boiler 43,397]

Sounds like it could have disqualified her immigrant visa bit she now has her GC, do not think it makes any difference now how she got her GC?