Amend or Withdraw I-130?

[Eric D 0]

A US citizen father from Vietnam had a child out of wedlock in Cambodia with a Vietnamese mother. The child is now married and over 21, living in Vietnam.

The US citizen father, on his I-130, said the child was born in Vietnam because all records from Cambodia were destroyed and the mother and child, like the father, escaped from Cambodia to Vietnam. The father-child relationship was established for the child's first five years in Cambodia, but interrupted by the war.

The I-130 was denied, and appealed, and an RFA just received asks for secondary evidence of bona fide relationship. This can only be shown, idf at all, by revealing the child was actually born in Cambodia, but that will conflict with the I-130 and supporting documents already filed.

What is the effect of withdrawing the I-130 and starting fresh, or can the existing I-130 (filed July 2004) be amended? Or is this error fatal to the present and any future petition?

[canadian_wife 1,823]

You can withdraw but it will still be on record.

Who are you petitioning for?

[Hypnos 6,576]

This is beyond the scope of a DIY forum, as you are compounding illegal activity (lying on an immigration form) with more illegal activity (asking how to get away with it).

You should consult an experienced AILA-certified immigration attorney, but I would not be hopeful since you have committed material misrepresentation.

[NigeriaorBust 4,087]

How have the child/father remained connected over the years or when did they reconnect ? If the "bad" information on file you should at least consult if not retain a highly qualified immigration expert. There is one in Vietnam named Marc Ellis that is well known. He would be a good person to ask.

[Ban Hammer 13,395]

This is beyond the scope of a DIY forum, as you are compounding illegal activity (lying on an immigration form) with more illegal activity (asking how to get away with it).

You should consult an experienced AILA-certified immigration attorney, but I would not be hopeful since you have committed material misrepresentation.

agreed and the only advice that can be offered in this situation.

this thread is seeking advice that's against the site's terms of service:

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

as advising the op any further will violate the terms of service, this thread is now closed.

the op has meaningful advice (consulte with an attorney) and nothing good can come from leaving this thread open.

do not restart this thread.