Circumstances when getting Visa (child born not included in DV application)

[abum 324]

Hi.

 

I have a question regarding the status of my DV visa , whether it will affect, or came up in the future, if i want to apply for naturalization (within 3 years based on marriage to USC).

 

Background of my issue:

1. Have been married to natural born USC (that had left USA since the age of 2) since 2012.

2. Got 1 child together when I was selected for DV .

3. Second child was on the way when i submitted my DS-260  for the DV (I believe i submitted in Nov, and the second baby was born in Feb next year)

4. Have informed consular about the potential birth of the second child before my interview, after the submission of DS 260. Consular officer replied that once the baby was born, i need to provide the passport etc to be included in my application - i was not able to do so and my interview date came (in July).

5. During interview at my local embassy, i was asked how many child i have, i answered two. She asked about the baby - when was the baby born etc (she was trying to verify that i did not lie when i submitted my DS 260 as i put just one child in my form).

6. Was asked if i want to include the baby in it, but i will have to do all the medical and another interview), or to just proceed but my USC wife will have to petition for the baby.

7. I chose to just proceed, and me and my first child got our Immigrant Visa.

8. Activated the GC last year with my first child.

9. Petitioning for my second child this year and hoping to get the IV mid of next year for the move to the USA.

 

=====================================

For all of my child with my USC wife, i know that they can get citizenship automatically provided they entered the USA with I-551 and are staying with the USC mom. (INA: ACT 320)

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9983.html

 

A. However, I want to know, should i apply for citizenship, would the issue of my DV visa came up - as I was granted Immigrant Visa (via DV) AFTER my second child was born and that second child somehow was not included in my application even though it was made known to the consular officer during my interview (i did not lie about anything)? (although i am not sure if they have updated my details in their system that I am married to a USC and currently have 2 child together).

B. If this can be an issue, would my first child, even after he obtains US citizenship via INA 320, would have it revoked? - considering that he obtains the GC / I-551 via my DV application?

 

[milimelo 4,477]

Seems to me you opted not to include you child on DV when given an opportunity. 

 

6. Was asked if i want to include the baby in it, but i will have to do all the medical and another interview), or to just proceed but my USC wife will have to petition for the baby.

7. I chose to just proceed, and me and my first child got our Immigrant Visa.

 

There will still be another interview - this time for an immigrant visa for the child. And you still have to do medical for the child. 

 

No idea why you'd think your first child would in any way be affected? He/she gets citizenship through parent same as the second child will. 

[abum 324]

6 minutes ago, milimelo said:

Seems to me you opted not to include you child on DV when given an opportunity. 

 

6. Was asked if i want to include the baby in it, but i will have to do all the medical and another interview), or to just proceed but my USC wife will have to petition for the baby.

7. I chose to just proceed, and me and my first child got our Immigrant Visa.

 

There will still be another interview - this time for an immigrant visa for the child. And you still have to do medical for the child. 

 

No idea why you'd think your first child would in any way be affected? He/she gets citizenship through parent same as the second child will. 

yes, because the officer said (this was in July) that the visa for the current fiscal year will run out in Sept, and it will usually run out before then. So thinking that either i try to include my second child and the whole family wont get a visa, OR proceed and deal with the petition later.  (case is closed for the second child as he cannot get the DV anymore - and have to go to I 130 route - which i am doing now).

 

I am just a bit concerned that somehow USCIS will think I was not being truthful when i got my DV (not listing all my child during the application) when they look at my case throughout the N400 process, and that i will have to give evidence why my child was not included in the DV application especially during the interview which happened after my child was born. - if this happens, obviously my GC will be considered as invalid as it should have not been granted to me in the first place. 

Have read lost of threads about N400 being denied based on the fact that USCIS thinks the person should have not been granted GC in the first place.

Edited September 26, 2017 by abumiqdad

[milimelo 4,477]

You're fine. There was no child at the time you filed the dv entry. You did your due diligence by notifying the consular officer the child was born. Makes sense not proceeding if it would jeopardize the other two immigrant visas. 

[abum 324]

1 minute ago, milimelo said:

You're fine. There was no child at the time you filed the dv entry. You did your due diligence by notifying the consular officer the child was born. Makes sense not proceeding if it would jeopardize the other two immigrant visas. 

Alright, Thank you for the comment. i feel at ease now.