N336 denied

[Hypnos 6,578]

As others have stated, he was correctly denied. 

 

He may be placed into removal proceedings where his deportation will be sought on the basis of his material misrepresentation. 

[Redheadguy03 505]

He'll be lucky if he isn't deported. Immigration fraud is a big deal and those of us who do it the legal way and follow the law aren't very sympathetic. 

[Jeanne Adil 1,651]

Does anyone really think they know more about immigration (freiends of this man) than the immigration site itself 

a lie is a lie

to lie to US immigration is fraud

quit asking a freind

i noticed in Morocco when i asked a question, everyone would say "i'll ask somebody" instead of an offical office or using the internet to do research 

and, yes, there is misinformation on the net but "a freind????? really bad idea

[NYCruiser 423]

5 hours ago, Going through said:

Unfortunately, he should have followed what the application asked---because it wasn't an "optional" question.

There is no legal path for him to citizenship as there is no waiver to excuse purposeful misrepresentation...it's not like he could say he "forgot" to list them, or use "my friends told me I didn't need to" as a valid reason for intentionally leaving out the fact he has children on his DV application.

 

At this point all he can do is apply to renew his green card when it expires.  There is a chance his green card renewal will be denied as well, since the reason for his N400 denial and N336 denial will be in his permanent file, and USCIS may then determine he was never appropriately/properly approved for his initial green card. 

Also very unfortunate since Immigration Law does not have a statute of limitations. In other words, lying..misrepresentation from years ago is still valid now. So yes he could be denied renewal of his 10 year green card. 

Also, make sure he doesn't travel outside the USA, as his Green Card record will have this situation notated and he might be sent to secondary, then who knows what....:-(

[SusieQQQ 11,587]

On 10/22/2017 at 6:38 AM, Godonu said:

The reason was that he was advised by people around  him that it's not necessary to list his children then, so he could put them whenever he ready to become citizen because his citizenship is authomatic. Advice pls

 

22 hours ago, Godonu said:

He didn't mean to lie, it was what he was been told. People told him that , putting his children didn't. Mater then, said he can put their names when he is ready to do his citizenship . Anyway we just need you guys experience and advice or way out for him. Thanks a lot 

That advice was totally incorrect. The rules are crystal clear about needing to include all children, including stepchildren, under 21 AND in the post-selection notification it is again stressed that your case will be disqualified of you left off immediate family members on the entry. I’m sorry he got wrong advice, but there is no excuse for not knowing what he had to do and there is not a way out of this. As others have said, he does risk getting his green card revoked.

 

https://travel.state.gov/content/visas/en/immigrate/diversity-visa/if-you-are-selected/submit-your-ds-260-online-application.html

Important note: If you had a spouse or children prior to submitting your original entry, but you did not include them on your original entry form, then your case will be disqualified at the time of your visa interview. Neither you nor any of your family members will receive visas. For more information, see the DV Instructions.

Edited October 23, 2017 by SusieQQQ

[Going through 5,671]

14 minutes ago, SusieQQQ said:

 

That advice was totally incorrect. The rules are crystal clear about needing to include all children, including stepchildren, under 21 AND in the post-selection notification it is again stressed that your case will be disqualified of you left off immediate family members on the entry. I’m sorry he got wrong advice, but there is no excuse for not knowing what he had to do and there is not a way out of this. As others have said, he does risk getting his green card revoked.

 

https://travel.state.gov/content/visas/en/immigrate/diversity-visa/if-you-are-selected/submit-your-ds-260-online-application.html

Important note: If you had a spouse or children prior to submitting your original entry, but you did not include them on your original entry form, then your case will be disqualified at the time of your visa interview. Neither you nor any of your family members will receive visas. For more information, see the DV Instructions.

Not to mention the part where he signed the form swearing all of the information in the application was accurate and true, when it was not.

Edited October 23, 2017 by Going through

[Holt 73]

So he never could apply for N400 anymore? and if he renewed his Green card, will this cause any hassle?

[SusieQQQ 11,587]

1 hour ago, Holt said:

So he never could apply for N400 anymore? and if he renewed his Green card, will this cause any hassle?

As I understand the law, yes. He should never have got the green card in the first place and was dishonest on his entry, on his DS260 and at his interview in order to get it. On all of those he lied about presenting true and accurate information.

[SusieQQQ 11,587]

Legal opinion

 

Application Fraud 

This is a different sort of fraud where people lied, left out information or were otherwise dishonest in their application. In some cases, this doesn’t get noticed until after the green card has been approved. In these cases, the card will be revoked and you’ll be deported.

 

https://www.buhlerlawoffice.com/2017/01/15/ways-a-green-card-can-be-revoked/

 

 

The really sad thing is that all this was totally unnecessary. All he had to do was follow the rules and he would have been fine.

 

Edited October 23, 2017 by SusieQQQ

[Hypnos 6,578]

"Can be revoked", rather than "will".

[Going through 5,671]

1 hour ago, Holt said:

So he never could apply for N400 anymore? and if he renewed his Green card, will this cause any hassle?

There's a good chance the next letter he'll receive after the denial letter will be a notice to appear at an immigration hearing where his GC status may be revoked.

[SusieQQQ 11,587]

1 minute ago, Hypnos said:

"Can be revoked", rather than "will".

With the current administration, I’ll take a bet on which way that will lean...

[Hypnos 6,578]

I agree, I'm just saying that you cannot state definitively that it will happen. I'd say there's a good chance too, just not a 100% chance.

[SusieQQQ 11,587]

40 minutes ago, Hypnos said:

I agree, I'm just saying that you cannot state definitively that it will happen. I'd say there's a good chance too, just not a 100% chance.

That was the lawyer I quoted being definitive, not me

Edited October 24, 2017 by SusieQQQ

[SusieQQQ 11,587]

44 minutes ago, Going through said:

There's a good chance the next letter he'll receive after the denial letter will be a notice to appear at an immigration hearing where his GC status may be revoked.

I was wondering about this. Is there a process that gets triggered when something like this comes up in a citizenship application?