Can a child born out of wedlock before naturalisation by non USC become a us citizen when his/her father naturalise?

[Joe Joe 5]

Hello VJ’s, please your advice is needed. A friend of mine recently filed for CR-1 with his US citizen wife. He is a non-USC and he previously had a kid with his ex- girlfriend before they separated and his ex is a non-USC as well. During his application he didn’t mention his kid to USCIS. Will that kid become a US citizen when his dad naturalise? 

[Unlockable 7,306]

Why did he not previously mention the child? Immigration specifically states to list all children. 

[Joe Joe 5]

Just now, Unlockable said:

Why did he not previously mention the child? Immigration specifically states to list all children. 

Same question I asked him and he said, they thought it would affect their application. If he had mentioned the kid, would the kid be a US Citizen upon him naturalising? 

[Mike E 11,727]

29 minutes ago, Donsmog said:

 . Will that kid become a US citizen when his dad naturalise? 

No. 
 

However, after  the father naturalIzes, he can move to where the kid is,   
 

If he can and does assume legal and physical custody of the kid,  the father can file N-600K on behalf of the kid and apply for a B visa for the kid.
 

The father and kid can then travel to the USA for an N-600K interview and kid will naturalize at the interview and receive a certificate that proves USA citizenship.  
 

This has to contented before the kid turns age 18.  If the kid is older than 16 by the time the father has naturalized, then there are low odds of this happening. 
 

19 minutes ago, Donsmog said:

Same question I asked him and he said, they thought it would affect their application. If he had mentioned the kid, would the kid be a US Citizen upon him naturalising? 

No. 

Edited March 20, 2022 by Mike E

[Joe Joe 5]

16 minutes ago, Mike E said:

No. 
 

However, after  the father naturalIzes, he can move to where the kid is,   
 

If he can and does assume legal and physical custody of the kid,  the father can file N-600K on behalf of the kid and apply for a B visa for the kid.
 

The father and kid can then travel to the USA for an N-600K interview and kid will naturalize at the interview and receive a certificate that proves USA citizenship.  
 

This has to contented before the kid turns age 18.  If the kid is older than 16 by the time the father has naturalized, then there are low odds of this happening. 
 

No. 

Can he still do all these even though he didn’t mention the kid to the USCIS during his filing?

[Mike E 11,727]

4 minutes ago, Donsmog said:

Can he still do all these even though he didn’t mention the kid to the USCIS during his filing?

I’ve no personal experience.  I’ve always disclosed the existence of my children in my petitions to USCIS. 
 

If this is important to him then he can try. 

Where is he in the process? Has I-130 been approved?

 

Edited March 20, 2022 by Mike E

[Rocio0010 5,573]

1 hour ago, Donsmog said:

they thought it would affect their application

It wouldn’t have affected it. Having a child does not affect an application. Omitting information or lying does.

He can try to apply for the child; however, I would not try it without an attorney.

[Joe Joe 5]

1 hour ago, Mike E said:

I’ve no personal experience.  I’ve always disclosed the existence of my children in my petitions to USCIS. 
 

If this is important to him then he can try. 

Where is he in the process? Has I-130 been approved?

 

Yes. It has been approved. 

[Mike E 11,727]

21 minutes ago, Donsmog said:

Yes. It has been approved. 

And?

 

So his petitioner filed an I-130 and didn’t disclose his kid. That’s on the petitioner, and bluntly it is perjury, unless the beneficiary lied to the petitioner. If so then that calls into question how genuine the relationship is.  
 

Now that we are beyond the USCIS stage, my question is where is the beneficiary   in the NVC and consular stage? Before or during the interview did the petitioner disclose his kid to the State department?

[Joe Joe 5]

24 minutes ago, Mike E said:

And?

 

So his petitioner filed an I-130 and didn’t disclose his kid. That’s on the petitioner, and bluntly it is perjury, unless the beneficiary lied to the petitioner. If so then that calls into question how genuine the relationship is.  
 

Now that we are beyond the USCIS stage, my question is where is the beneficiary   in the NVC and consular stage? Before or during the interview did the petitioner disclose his kid to the State department?

He told the petitioner and never disclosed his kid to state department 

[Mike E 11,727]

Just now, Donsmog said:

He told the petitioner and never disclosed his kid to state department 

So did the petitioner list the kid on the I-130?

 

Does he have his CR-1 visa?

 

Is he in the USA?

[iwannaplay54 985]

3 hours ago, Donsmog said:

Hello VJ’s, please your advice is needed. A friend of mine recently filed for CR-1 with his US citizen wife. He is a non-USC and he previously had a kid with his ex- girlfriend before they separated and his ex is a non-USC as well. During his application he didn’t mention his kid to USCIS. Will that kid become a US citizen when his dad naturalise? 

During his application if he didn’t “mention his kid” to USCIS he has bigger problems.  
Problems so big they are worth pulling the application and re-filing it.  This is a big enough omission (material) to invalidate his citizenship if he suddenly discloses the presence of a child born before the petition was filed. 
That was foolish.
There is no, zero, way that child gets automatic citizenship through him.

Edited March 20, 2022 by iwannaplay54

[iwannaplay54 985]

https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2018/AUG102018_01H5212.pdf
 

This is a really cool case about a genius who failed to disclose his children on an original petition and visa application.  There are many, this was randomly pulled for entertainment.

 

Once discovered, the beneficiary was retroactively stripped of every immigration benefit ever gained.  No appeal worked. 

Material misrepresentation is serious.  He must have had a reason to hide this on his visa application, which makes it, at least in the eyes of USCIS, willful.  
 

 

[Joe Joe 5]

1 hour ago, Mike E said:

So did the petitioner list the kid on the I-130?

 

Does he have his CR-1 visa?

 

Is he in the USA?

The petitioner didn’t. He’s still outside of the USA and he’s still waiting for interview 

[Mike E 11,727]

3 minutes ago, Donsmog said:

The petitioner didn’t. He’s still outside of the USA and he’s still waiting for interview 

Well then. He has an opportunity to come clean.  He must disclose this kid at the interview.  He should bring a written statement and attempt to hand it to the CO. 
 

Otherwise I fear his bigger problem won’t be how to get his kid citizenship but misrepresentation.  If this misrepresentation is considered material then it might jeopardize an approved green card