I need help bringing my daughter to USA

[godisgood74 3]

Hello VJ Family,

I have a situation I honestly and stupidly made, I came to USA trought DVllottery and when I filled the paper work at the beginning I said I dont have children but I have a daughter who is now 16, reason been that someone that was helping me trought the process said chances of getting visa was hight if you are single than having children and I believe him: can you believe that and this is hunting me dowm. I want to filed for her and Iam afraid because all my documents does not include her meaning I dont have children and she is my only daughter. Do I have to file for her with an explanation and possibly do DNA test to prove she is my daughter or is much difficult that i thougt? I cannot believe myself this happened now that Im more enlighten about more stuff and I feel really bad. Please dont blame me it was so many issues at that time which I canot talk about it here, I just need advice as how to proceed and get thought it. Iam a US Citizen.

Please offer any help and as always I do appreciate your time.

Thank You,

[dwheels76 5,468]

Hello VJ Family,

I have a situation I honestly and stupidly made, I came to USA trought DVllottery and when I filled the paper work at the beginning I said I dont have children but I have a daughter who is now 16, reason been that someone that was helping me trought the process said chances of getting visa was hight if you are single than having children and I believe him: can you believe that and this is hunting me dowm. I want to filed for her and Iam afraid because all my documents does not include her meaning I dont have children and she is my only daughter. Do I have to file for her with an explanation and possibly do DNA test to prove she is my daughter or is much difficult that i thougt? I cannot believe myself this happened now that Im more enlighten about more stuff and I feel really bad. Please dont blame me it was so many issues at that time which I canot talk about it here, I just need advice as how to proceed and get thought it. Iam a US Citizen.

Please offer any help and as always I do appreciate your time.

Thank You,

I would consult with an attorney. A sympathetic CO at interview may not hold it against you that you lied and that is a misrepresentation. Don't really know. But I am sure a DNA test will be asked for at interview. And you need to be starting the process with her being 16 years old. The clock is ticking.

Just seek a free consult with an attorney and weigh your options. All the best. Come back and keep us posted. I know this has to be just heartbreaking. Sorry.

[pushbrk 12,968]

Consult a qualified immigration attorney experienced dealing with immigrants who made material misrepresentations on their visa applications. This is not a do it yourself case. Filing for your child after lying about having one, could potentially get you deported and banned from the USA for life. This is a very serious legal matter.

[NigeriaorBust 4,087]

So the sky is falling view is that you lied at step 1 and the law allows them to remove all things you have gained since that point including your USC, This is the extreme case. The opposite end of the spectrum is no one blinks and eye or asks questions. I doubt you will have either extreme but most likely you will be closer to the first case than the second. I would not try this on my own.

[belinda63 3,038]

I don't see that it would be a material misrep. Having a child or not she still would have qualified for the visa. I think there will be a lot of explaining to do and a DNA test requested for the suddenly appearing daughter.

[pushbrk 12,968]

I don't see that it would be a material misrep. Having a child or not she still would have qualified for the visa. I think there will be a lot of explaining to do and a DNA test requested for the suddenly appearing daughter.

You might be right, but an actual and reliable legal opinion is needed before proceeding.

[KayDeeCee 4,893]

~ Moved from IR-1/CR-1 Process to Bringing Family Members of US Citizens to America - OP asking about filing for daughter ~

[Mark88 184]

It probably depends a lot on the question asked on the form at the time.

If the question was Do you have any children? or Do you have any children that intend to immigrate with you at the same time? would make a huge difference.

I agree with the others, if it was the first question, that you will need to find an experienced immigration attorney. If it was the second wording, you might be able to do it yourself.

I doubt that, they will take away your USC, but I'm always someone who prepares for the worst case, so play it safe, and if possible, get your daughter here before she turns 18, so she can become a USC under the CCA.

[RhettVoe 282]

this could be a very challenging issue....expect a DNA request, maybe two...maybe more....why?? because in real life, no one 'forgets' they have a biological child. Instead, the embassy will assume you are trying to smuggle somebody to the United States. you will be jumping through all sorts of hoops...on your naturalization application, did you again 'forget' to mention this child? Again, in real life, no one forgets. This could be quite serious.

Had you 'remembered' the child, for example, when you attended your DV interview, do you know what would have happened? Your DV application would have been declared NULL and VOID instantly, without recourse (because of child smuggling fears/issues, which has plagued the DV program for years)....so you in essence acquired a DV via fraud....not a good thing. Weepy stories about how you were taken in by some other immigration experts won't change the facts....you are a grown up...you cannot blame others for having lied/committed fraud unless you can prove that your IQ is somewhere around 65.

[Boiler 45,651]

I thought the Naturalisation process asks about children?

[apple21 953]

I thought the Naturalisation process asks about children?

That's what I thought too and from what I understand, she didn't list her child there as well.

This story is just sad.

Please seek a competent lawyer ASAP. Good luck.

[godisgood75 1]

Hello Guys_ Iam the originator of this topic but unfortunately I mistakenly locked my account by mistyping several times and eventually asked the moderator to close the account hoping that I can reactivate it once again but I coundnt find anyway of activating the account and that is why I create this new account similar to the old one, Iam not too good in using this site, sorry about that. thanks everyone for commenting.

Now, before some of you guys accusing and saying all kind of words and kneelling me on the cross for lying let me explain the whole thing as I said earlier that there is more to the story, I was dating this girl and she get pregnant knowing that iam the father and five months in to the pregancy something happened between us and she said Im not the father, initially i thought she was kind of joking untill it get serious and name another guy as beeing responsible for the pregnancy and deep dowm my heart i know im the father, so when I had oppotunity of coming to US at that time the child was about five yrs old and I approched the mother once again to asked her to include the child on my documents as a father and after the baby was born I demanded to do paternity test to prove if she indeed not my child and she decline and I stop persuing. So she said dont use her to do anything she is not your child.........and that is the REASON I coundnt include her name as my child because it will be wrong to use a child that has been declared as not yours, and I never use her as my child on any documentation whatsoever UNTILL recently the mother came and apoligize to forgive her and that she is indeed MY DAUGHTER and I said before I will say YES OR NO I will do DNA test to confirm that and if comes out to be my daughter I have an open arms to wellcome and receive her as a daughter because she has done nothing wrong BUT her mother is the cause all this mess. that is why in the beginning the guy advice not to use her but I didnt explain the whole story well and some of you accuse me of fraud all that. I have done nothing wrong and Iam man of obeying rules and believe in doing the right thing and respect the law. I was weighting in any option if i do the DNA test and she is indeed my daughter then I have a responsiblity to help her.

thank you all once again.

[apple21 953]

Hello Guys_ Iam the originator of this topic but unfortunately I mistakenly locked my account by mistyping several times and eventually asked the moderator to close the account hoping that I can reactivate it once again but I coundnt find anyway of activating the account and that is why I create this new account similar to the old one, Iam not too good in using this site, sorry about that. thanks everyone for commenting.

Now, before some of you guys accusing and saying all kind of words and kneelling me on the cross for lying let me explain the whole thing as I said earlier that there is more to the story, I was dating this girl and she get pregnant knowing that iam the father and five months in to the pregancy something happened between us and she said Im not the father, initially i thought she was kind of joking untill it get serious and name another guy as beeing responsible for the pregnancy and deep dowm my heart i know im the father, so when I had oppotunity of coming to US at that time the child was about five yrs old and I approched the mother once again to asked her to include the child on my documents as a father and after the baby was born I demanded to do paternity test to prove if she indeed not my child and she decline and I stop persuing. So she said dont use her to do anything she is not your child.........and that is the REASON I coundnt include her name as my child because it will be wrong to use a child that has been declared as not yours, and I never use her as my child on any documentation whatsoever UNTILL recently the mother came and apoligize to forgive her and that she is indeed MY DAUGHTER and I said before I will say YES OR NO I will do DNA test to confirm that and if comes out to be my daughter I have an open arms to wellcome and receive her as a daughter because she has done nothing wrong BUT her mother is the cause all this mess. that is why in the beginning the guy advice not to use her but I didnt explain the whole story well and some of you accuse me of fraud all that. I have done nothing wrong and Iam man of obeying rules and believe in doing the right thing and respect the law. I was weighting in any option if i do the DNA test and she is indeed my daughter then I have a responsiblity to help her.

thank you all once again.

Your road blocks that you need to overcome are:

- your name was not listed on the child's BC

- you never had a father-child relationship with the child

http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

Now, a paternity test can be beneficial to you BUT it won't be accepted by USCIS if its not requested by USCIS themselves AND done by a Department of State accredited AABB lab.

You will need a competent lawyer because you have a lot of explaining to do regarding your situation. You may have to get affidavits from people attesting to your previous attempts of acknowledging paternity as well. This won't be a walk in the park. Good luck.

Edited June 6, 2014 by apple21

[Boiler 45,651]

First things first, how do you know she is your daughter?

Edited June 6, 2014 by Boiler

[godisgood75 1]

First things first, how do you know she is your daughter?

Please you all must read and understand before commenting, Iam not saying Iam filling for her or saying she is my daughter untill I do the test to prove she is really mine, Iam serious dont just play games or saying anything you like to offend me

Thank You

Your road blocks that you need to overcome are:

- your name was not listed on the child's BC

- you never had a father-child relationship with the child

http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

Now, a paternity test can be beneficial to you BUT it won't be accepted by USCIS if its not requested by USCIS themselves AND done by a Department of State accredited AABB lab.

You will need a competent lawyer because you have a lot of explaining to do regarding your situation. You may have to get affidavits from people attesting to your previous attempts of acknowledging paternity as well. This won't be a walk in the park. Good luck.

Thank You,