Need advice , i am in so much trouble

[bobs 0]

hey guys , this is a story about my friend .

My friend came to usa on DV lottery and now is ready to file N 400 for citizenship. He was married before he came here but he did not bring his wife n two kids five years ago. He just file DV as single and came alone to USA. Now as he is going to apply for citizenship what should he do ? Does he has to put his wife name and kids or file as single again. He is too worried abt all this. Beside later he is going to apply for his wife and kids I-130 for cr1 visa too.

What conquences does he have to face and how much trouble he have to deal with immigration process later for his wife as i know being married he came here single.

[NickD 202]

hey guys , this is a story about my friend .

My friend came to usa on DV lottery and now is ready to file N 400 for citizenship. He was married before he came here but he did not bring his wife n two kids five years ago. He just file DV as single and came alone to USA. Now as he is going to apply for citizenship what should he do ? Does he has to put his wife name and kids or file as single again. He is too worried abt all this. Beside later he is going to apply for his wife and kids I-130 for cr1 visa too.

What conquences does he have to face and how much trouble he have to deal with immigration process later for his wife as i know being married he came here single.

There are section in this board like:

Bringing family members of US Citizens to America

or

Bringing family members of Permanent Residents to America

Seems like he could have applied as a LPR to bring his wife and kids here a long time ago since he is here legally assumingly as a lawful permanent resident. USCIS isn't as hard nosed as you may think giving preference to direct family members like a wife and kids even though a year to them is like an instant to us. Sounds like ignorance of our immigration laws caused him and his family undue hardships, but USCIS law is complicated, would advise him to locate a good immigration attorney.

Feel regarding since he did not marry a LPR or a USC already here, he would have to wait the five rather than the three year period for him to apply for the N-400.

[john_and_marlene 162]

The problem is that he lied on his DV application. He has 2 big problems.

1. He falsified his DV application.

2. If the DV would not have been granted had he not claimed to be single, then he compounds the false application with material misrepresentation.

Either of these 2 issues are enough to rescind any immigration benefits derived since the original application--including revoking his permanent resident status.

I would expect that these issues will be recognized if he subsequently attempts to file I-130 for his wife and children and his citizenship and permanent residence could, should, and very likely will be revoked.

I have no advice for him. He has gained immigration benefit based on lies.

He is, and should be, in a serious situation of his own making.

[NickD 202]

The problem is that he lied on his DV application. He has 2 big problems.

1. He falsified his DV application.

2. If the DV would not have been granted had he not claimed to be single, then he compounds the false application with material misrepresentation.

Either of these 2 issues are enough to rescind any immigration benefits derived since the original application--including revoking his permanent resident status.

I would expect that these issues will be recognized if he subsequently attempts to file I-130 for his wife and children and his citizenship and permanent residence could, should, and very likely will be revoked.

I have no advice for him. He has gained immigration benefit based on lies.

He is, and should be, in a serious situation of his own making.

We know that lying to the USCIS to bring a person into this country is a no-no with severe penalties, but this guy didn't do that. I frankly don't know the answer, so would just leave it as finding a good immigration attorney. Never met anyone that won the lottery before, intend is one of the keys factors of our laws, would prefer to leave that up to the courts.

[KyngSilva 0]

Like Nick stated...get a good immigration attorney... your find will need their advice.

[john_and_marlene 162]

The problem is that he lied on his DV application. He has 2 big problems.

1. He falsified his DV application.

2. If the DV would not have been granted had he not claimed to be single, then he compounds the false application with material misrepresentation.

Either of these 2 issues are enough to rescind any immigration benefits derived since the original application--including revoking his permanent resident status.

I would expect that these issues will be recognized if he subsequently attempts to file I-130 for his wife and children and his citizenship and permanent residence could, should, and very likely will be revoked.

I have no advice for him. He has gained immigration benefit based on lies.

He is, and should be, in a serious situation of his own making.

We know that lying to the USCIS to bring a person into this country is a no-no with severe penalties, but this guy didn't do that. I frankly don't know the answer, so would just leave it as finding a good immigration attorney. Never met anyone that won the lottery before, intend is one of the keys factors of our laws, would prefer to leave that up to the courts.

You think that applying for the DV visa declaring single status when you are actually married with children is not a lie?????

[NickD 202]

The problem is that he lied on his DV application. He has 2 big problems.

1. He falsified his DV application.

2. If the DV would not have been granted had he not claimed to be single, then he compounds the false application with material misrepresentation.

Either of these 2 issues are enough to rescind any immigration benefits derived since the original application--including revoking his permanent resident status.

I would expect that these issues will be recognized if he subsequently attempts to file I-130 for his wife and children and his citizenship and permanent residence could, should, and very likely will be revoked.

I have no advice for him. He has gained immigration benefit based on lies.

He is, and should be, in a serious situation of his own making.

We know that lying to the USCIS to bring a person into this country is a no-no with severe penalties, but this guy didn't do that. I frankly don't know the answer, so would just leave it as finding a good immigration attorney. Never met anyone that won the lottery before, intend is one of the keys factors of our laws, would prefer to leave that up to the courts.

You think that applying for the DV visa declaring single status when you are actually married with children is not a lie?????

If you really want to know what I think, will tell you, having the opportunity to come here and leaving my family stranded without even attempting to bring them here shortly thereafter is beyond my imagination, especially my own kids. But again, a question of intent and fraud, would leave that up to the courts, also ignorance of our complicated immigration system is a factor. Can tell you that my wife and daughter were in a severe state of fear when they first entered into a USCIS office loaded with armed guards and nasty USCIS employees. Probably a good reason to take almost five years before an immigrant has to be alone for their USC interview, takes that long to learn how to deal with rumpholes. I do not find it difficult to side with an immigrant on this issue.

[motu 5]

I know of someone who lied about being married - his father sponsored him as a single son over 21. He came here on a GC and treid to bring his wife - result - not only was his wife denied but the immigration dept (homeland) issued deportation orders for him.

You are probably toast, as I understand the law. You can try and contact an attorney and see what they can do for you. Good Luck

[Stella08 0]

This reminds me of this case:

http://www.nytimes.com/2008/04/12/us/12nat...ial&st=cse#

[NickD 202]

This reminds me of this case:

http://www.nytimes.com/2008/04/12/us/12nat...ial&st=cse#

Servanos’ for whatever reason must have told a lie on the G-325A, "HUSBAND (If none, so state) WIFE (If none, so state) DATE OF MARRIAGE PLACE OF MARRIAGE

OR (For wife, give maiden name) WIFE DATE OF MARRIAGE PLACE OF MARRIAGE OR (For wife, give maiden name)"

At the end of the form it states, "PENALTIES: SEVERE PENALTIES ARE PROVIDED BY LAW FOR KNOWINGLY AND WILLFULLY FALSIFYING OR CONCEALING A MATERIAL FACT."

If they did an I-485 have to check the Marital Status box, and at the end of this form it states, "I certify, under penalty of perjury under the laws of the United States of America, that this application and the evidence submitted with it is all true and correct. I authorize the release of any information from my records which the INS needs to determine eligibility for the benefit I am seeking."

Have no idea what motivated either the OP's friend or the Servanos’ to lie about their marital status and what harm it would do them in terms of being petitioned for a green card or winning the lottery. But can't ignore the fact that they did lie on these forms so can also see the USCIS's point of view. Just like our politicians very seldom get arrested for the crimes they have committed, but sure get arrested for perjury. Too bad they cannot turn back the clock.

Typically one lie leads to another, to another, to........