How to bring child if i got DV lottery visa after mention no kids

[aaron2020 11,651]

Just now, waa2100 said:

They didn't tell me what the attorney told them but i don't think there's any waivers for misrepresentation.

There's absolutely no waiver for what they did.  By omitting their son from the DV application, they were automatically disqualified.  

[waa2100 1]

Just now, aaron2020 said:

Did they tell the attorney that they committed fraud to obtain their green cards?

I don't think they told him that.

i'm still waiting to respond for all these questions 

[HRQX 4,145]

1 hour ago, waa2100 said:

A friend and his wife got their green card through DV a year ago but they didn't mention that they have kids.

That is a clear misrepresentation. The misrepresentation was material because DOS Foreign Affairs Manual states that DV entries that don't include all eligible derivatives should be refused: https://fam.state.gov/fam/09FAM/09FAM050206.html

[Just Paul 4,591]

Well, do they love the son enough to go back?

 

 

[SusieQQQ 11,584]

3 hours ago, waa2100 said:

Hello all,
A friend and his wife got their green card through DV a year ago but they didn't mention that they have kids.
it's been a year now since they moved to the U.S, Now they want to bring their son to the U.S, what they should do?

 

Holy smokes, I haven’t read any responses yet but they lied on their entry and under oath at the interview. They now have two options only: admit they lied and get their green cards revoked, or never be able to sponsor their children.  That’s it.

 

that was a totally dumb thing to do for no benefit whatsoever. It would have made no difference to their case’s chance of success to be truthful.

[SusieQQQ 11,584]

3 hours ago, kris&me said:

Instructions for dv lottery

 

 

Entering Your Spouse and Children’s Information on the Online Diversity Visa Application

Your application will need to include the name, date, and place of birth for your spouse and all of your non-U.S.-born children. This includes all adopted children and step-children.

You must list a child even if you are no longer married to his or her parent. You must include your spouse's information even if you are planning to get a divorce. You are not required to list a spouse or child who is already a U.S. citizen or a lawful permanent resident (green card holder); but it’s a good idea to do so, particularly if you have any doubt about the person’s U.S. immigration status.

If you neglect to include a spouse or child, he or she will not be eligible for a visa. 

 

 

Not just this but it’s also in the instructions once you get selected... in bold:

 

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.

https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-if-you-are-selected/diversity-visa-submit-your-iv-and-alien-registration-application.html

 

and yes I can confirm they lied under oath at the interview, at DV interviews (and I presume all others) you are asked to confirm all details in the DS260 are correct.

 

reading further on I see there has been a petition submitted for the children already? They may as well just save themselves time and trouble (and lawyers fees) - and do the right thing - by surrendering their green cards and going home to their children.  There is only one way this scenario ends, they can choose whether to do it now or wait for revocation. 

 

 

[geowrian 22,335]

Yup...they royally screwed themselves here and without even a good reason for it. They lied, compounded that lie, and now will have to face the consequences.

It'll take time (possibly years if they keep fighting it in court), but they should start looking at steps once they return home.

[Boiler 43,446]

Wonder how old the child is. Could be 30.

[Sm1smom 242]

5 hours ago, waa2100 said:

that's what I told them.

the problem now they went to an attorney and filled a petition for their son, USCIS will find out about their misrepresentation and will revoke their green cards.

I just knew about the petition today and I really know how bad to make misrepresentation to obtain a green card

 

Tell them congratulations for bringing their fraudulent act to USCIS’s attention early and not waiting until they file for naturalization when their entire immigration history  gets fully reviewed. 

Edited September 9, 2019 by Sm1smom

[Boiler 43,446]

To clarify this is a DV issue.

[SusieQQQ 11,584]

17 minutes ago, Boiler said:

To clarify this is a DV issue.

Yes, though don’t all DS260s ask you to list your children?

But the issue of not listing the children on the DV entry making you ineligible for a DV visa... is indeed a DV issue. I guess it’s posted here because the parents are filing for the child as child of LPR rather than as a DV derivative. 

[geowrian 22,335]

End result is that USCIS will see a child that wasn't mentioned on the DV application, thereby invalidating their application. They can then choose to pursue revocation of status and removal as it was obtained improperly.

[Nitas_man 3,100]

6 hours ago, aaron2020 said:

Their son will NEVER get a visa through them since they LIED and made a MATERIAL MISREPRESENTATION to FRAUDULENTLY obtain their green cards.

Existence of children who did not immigrate is not a “material” misrepresentation.

[geowrian 22,335]

9 minutes ago, Nitas_man said:

Existence of children who did not immigrate is not a “material” misrepresentation.

It very likely is in this case due to the rules governing DV applicants. The application must list all children, regardless of their intent to immigrate, or else it is considered invalid.

[Going through 5,668]

14 minutes ago, Nitas_man said:

Existence of children who did not immigrate is not a “material” misrepresentation.

With DV lottery, I believe it is.