F2A petitioner becomes a citizen before visa appointment

[healthteacher 18]

3 minutes ago, Boiler said:

As long as he makes a timely withdrawal I do not see an issue, they have had not benefits.

thanks again for the facts

 

[Family 3,551]

27 minutes ago, healthteacher said:

Perhaps he would listen if you could elaborate on what will happen now that he has made this egregious misrepresentation of his status.

You know the ole proverb You can lead  a horse to water , but you can’t make him drink it. 

Since you haven’t addressed Who did his “ papers” , surely not DIY if u determined language is severe barrier..AND he still refuses to engage in your helpful post..best thing you can do is encourage him to take advice he will value ..at whatever price tag his pocket can afford.

 

 

[healthteacher 18]

The daughter will be 21 in a year and half. If she has to begin all over with a new I-130, what would the timeline be like?

Could she 'age out' before that process is finished?

[healthteacher 18]

12 hours ago, Family said:

You know the ole proverb You can lead  a horse to water , but you can’t make him drink it. 

Since you haven’t addressed Who did his “ papers” , surely not DIY if u determined language is severe barrier..AND he still refuses to engage in your helpful post..best thing you can do is encourage him to take advice he will value ..at whatever price tag his pocket can afford.

 

 

Not sure why it would make a difference "who" did his "papers", the petitioner is the one who authorizes and signs..

But back to original question, what are the penalties for making a mistake on the 864? I don't see any benefits that have been received yet, wouldn't that make a difference? 

Can't he just send a letter to embassy explaining mistake and submitting a new 864?

I think the petitioner is just tired of all the drama and just wants facts.

[milimelo 4,254]

On 5/20/2023 at 6:18 PM, healthteacher said:

Yeah I guess it's petitioners responsibility in the end, even  though he is light on the english. Huh! wish I didnt offer to help now!

 

So you’re the one who helped him with paperwork at some point (2020) but failed to flag to him that should he naturalize before family in the US child would be delayed as a I-130 needed? 
 

 

[healthteacher 18]

39 minutes ago, milimelo said:

So you’re the one who helped him with paperwork at some point (2020) but failed to flag to him that should he naturalize before family in the US child would be delayed as a I-130 needed? 
 

 

Is there some reason you need to ask this question? Does it really matter who helped him? Just curious

[Boiler 43,737]

As long as you have passed on what is needed probably not.

[healthteacher 18]

thanks again boiler for the calm, non scolding style of help and info.

I've come to find out that petitioner's previous immigration lawyer told him to not say anything about petitioner's new status, do not tell beneficiary anything either and everything will  be fine at the interview, they will let you know if there is a problem before issuing the visa, said the immigration lawyer. 

[healthteacher 18]

Can you imagine that type of advice from an experienced immigration lawyer, amazing

[Boiler 43,737]

That Lawyer needs to be reported, screwing up is one thing, but following that so called advice could lead to a lifetime bar for the beneficiary and who knows what for the petitioner

 

I bet they did not suggest that in writing 

[Crazy Cat 39,644]

1 hour ago, healthteacher said:

Can you imagine that type of advice from an experienced immigration lawyer, amazing

An attorney condoning visa fraud?  We see it from time to time.  This one could result in severe consequences somewhere down the line.

[healthteacher 18]

I think I see why their old lawyer does not want to finish their case, now it has been tainted and complicated by the new status.

With all the years of delays and backlogs that occur in the immigration system, The problem of LPR petitioners becoming citizens during the long drawn out process must not be uncommon. Sure, maybe more than a few were just unfamiliar with the immigration laws and thought that becoming a citizen was to be expected, or maybe they just accidently 'checked the wrong box' on a form. It may seem like an unfair 'gotcha" kind of technicality to some. However common it is, no one should assume that they will be shown mercy or have case by case discretion used.

Be forewarned- Immigration has targeted immigration fraud like this. Penalties are stiff for those who commit this type of fraud and also the fraudster friends or family that 'help' them.

Also, DO NOT cavalierly become a citizen just because you can! Your ignorance of the rules could ruin your family's dream of life in america together.

 

Some facts about making 'mistakes' on immigration forms-

Any time someone submits a U.S. visa or green card application that contains false information, it is considered a fraud against the U.S. government. The result is that the person could face a substantial delay or denial of the visa and quite possibly the denial of subsequent immigration applications.

What's more, anyone in the U.S. who helps an applicant falsify an application to gain entry to the country can be indicted and prosecuted by a federal grand jury if the matter is formally investigated by Immigration and Customs Enforcement (ICE).

Some examples of types of false information that can result in visa denial include:

1. personal information
2. failing to reveal past visa refusals, and
3. lying about past criminal activity or convictions

[Crazy Cat 39,644]

I seem to recall a similar case where the petitioner and beneficiaries were basically prevented from filing for citizenship due to the misrep. 

[healthteacher 18]

I talked to an immigration attorney with 25 years of experience who said they handle things a little different at the Havana  Cuba embassy.

She says there is nothing to worry about, they won't make the daughter stay behind as long as she is under 21.

However the embassy needs to be informed about the petitioner's change to citizen so they can update the green card to a C1 status.

Great news!

[Crazy Cat 39,644]

7 minutes ago, healthteacher said:

I talked to an immigration attorney with 25 years of experience who said they handle things a little different at the Havana  Cuba embassy.

She says there is nothing to worry about, they won't make the daughter stay behind as long as she is under 21.

However the embassy needs to be informed about the petitioner's change to citizen so they can update the green card to a C1 status.

Great news!

Sounds like more bad attorney information.  They must "handle things" according to immigration law.  The Daughter of a US citizen will not obtain a visa without a separate I-130.....period.  The only hope is that the consulate processes the I-130. 

Edited May 22, 2023 by Crazy Cat