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

[Nitas_man 3,100]

3 minutes ago, geowrian said:

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.

Seems it is.  Hinges on their ages.

OP says they filed a petition now?  That’s like a confession.  They’re hosed.

1 minute ago, Going through said:

With DV lottery, I believe it is.  

After studiously analyzing I concur.  SMH

[Going through 5,668]

Please ask your friend to make an account on VJ to get advice...sometimes info coming in "third-party" can be muddled.  

[aaron2020 11,651]

52 minutes ago, Nitas_man said:

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

Not listing children is an automatic DQ for the DV.  So, it is a material misrepresentation to not disclose those children for the DV.

[Nitas_man 3,100]

2 minutes ago, aaron2020 said:

Not listing children is an automatic DQ for the DV.  So, it is a material misrepresentation to not disclose those children for the DV.

If they are under 21 yes

[Duke & Marie 1,389]

10 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?

 

Without recovering everything previously mentioned by others....

 

where and with whom has the child been living since they moved?

 

is it possible the child was in the legal care of others and recently returned to the care of the parents?

 

if so, would this still be considered as lying, if they had previously held no parental responsibility for the child? 

 

I know, it may well not be the case, but situations relevant to legal custody of children can change.. not sure how it would impact on any form of visa application however. 

[waa2100 1]

3 hours ago, Going through said:

Please ask your friend to make an account on VJ to get advice...sometimes info coming in "third-party" can be muddled.  

I think they are shocked from my response and they are not even responding my messages anymore.

i really didn’t wanna lie to them and tell them it’s gonna be ok and that’s what they wanted to hear.

 

[waa2100 1]

42 minutes ago, Duke & Marie said:

Without recovering everything previously mentioned by others....

 

where and with whom has the child been living since they moved?

 

is it possible the child was in the legal care of others and recently returned to the care of the parents?

 

if so, would this still be considered as lying, if they had previously held no parental responsibility for the child? 

 

I know, it may well not be the case, but situations relevant to legal custody of children can change.. not sure how it would impact on any form of visa application however. 

The child was in their custody at the time they applied and got their green cards.

they left their child with his grandmother when they moved to the U.S a year ago.

 

the problem is the kid could easily just get a green card if they mentioned him in the paperwork.

 

[waa2100 1]

2 hours ago, Nitas_man said:

If they are under 21 yes

That’s right, only under 21yo should be disclosed if they are not a U.S citizen and they are not a permanent residence 

[waa2100 1]

6 hours ago, Boiler said:

Wonder how old the child is. Could be 30.

Unfortunately their kis is almost 6 years old 

[waa2100 1]

8 hours ago, Paul & Mary said:

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

 

 

I really feel bad for them.

looks like they will going back and forward on him until they figure out something else they can do about him

[waa2100 1]

9 hours ago, HRQX said:

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

I really told them that and found out today they went to an attorney and filled a petition for their son.

no idea what they told the attorney about the situation.

[Going through 5,668]

2 hours ago, waa2100 said:

I really feel bad for them.

looks like they will going back and forward on him until they figure out something else they can do about him

The going back part, I see.

The going back and forward part, may be harder to accomplish since they've just put themselves on USCIS's radar now by filing for him....USCIS may move to revoke their green cards now that the jig is up.

[ClickityClackity 133]

I honestly don't understand why they would lie on the first place. They have complicated their immigration journey tenfold.

As others have said, they have committed misrepresentation, and they need to start being truthful about it.

Their life now hangs on the hands of an immigration officer, so they can do nothing but hope for the best and tell the truth.

 

Good luck to them, and I would advise them to create an account here so they can be better assisted in the future, but it seems like whatever they decide/are allowed to apply for is going to be extra scrutinised.

[Dashinka 23,251]

1 hour ago, ClickityClackity said:

I honestly don't understand why they would lie on the first place. They have complicated their immigration journey tenfold.

As others have said, they have committed misrepresentation, and they need to start being truthful about it.

Their life now hangs on the hands of an immigration officer, so they can do nothing but hope for the best and tell the truth.

 

Good luck to them, and I would advise them to create an account here so they can be better assisted in the future, but it seems like whatever they decide/are allowed to apply for is going to be extra scrutinised.

The OP friend mentioned that someone else filled out their paperwork and apparently instead of correcting an error early in the process, they compounded it in an effort to stay consistent, but who really knows the actual reasons.  It is really a mess, and a lesson especially for those here, having someone else fill out forms be it an attorney, or some visa service, one needs to be exceedingly vigilant and double check everything.   

[SusieQQQ 11,584]

9 hours ago, Nitas_man said:

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

It is not that they did not immigrate, it is that they were not listed as required on the DV entry forms. This is a strict requirement and a disqualifying one for DV.