Is DNA for USA citizen children need during the IR and IR2 interview

[Just Paul 4,595]

40 minutes ago, Gakiee said:

Is there any waiver for such misinterpretation 

It is a lifetime ban.

[Gakiee 3]

1 hour ago, Paul & Mary said:

It is a lifetime ban.

For everyone including the others kids who were born afterwards... what if the wife applies for a DV1 a wins will that still affect their eligibility???

[Just Paul 4,595]

10 minutes ago, Gakiee said:

For everyone including the others kids who were born afterwards... what if the wife applies for a DV1 a wins will that still affect their eligibility???

It is a ban for him.   If she wins DV, he will remain ineligible if he was found to had engaged in misrepresentation.

[Gakiee 3]

24 minutes ago, Paul & Mary said:

It is a ban for him.   If she wins DV, he will remain ineligible if he was found to had engaged in misrepresentation.

But he is a USA citizen now ...but has petitioned for his wife and kids

[belinda63 3,038]

He may not be a US citizen much longer. If it is found he obtained his green card by fraud his citizenship can be removed and he can be deported.

[Unlockable 7,314]

40 minutes ago, Gakiee said:

But he is a USA citizen now ...but has petitioned for his wife and kids

Citizenship can be revoked. It doesn't happen a lot, but it can happen. Not saying it is going to happen to him, but he sure didn't make things easy for himself and family (as you can now see from the wife's interview result).

 

See section B from this link...

https://www.uscis.gov/policy-manual/volume-12-part-l-chapter-2

Edited October 9, 2019 by Unlockable

[Gakiee 3]

5 minutes ago, Unlockable said:

Citizenship can be revoked. It doesn't happen a lot, but it can happen. Not saying it is going to happen to him, but he sure didn't make things easy for himself and family (as you can now see from the wife's interview result).

 

See section B from this link...

https://www.uscis.gov/policy-manual/volume-12-part-l-chapter-2

Oh yeah that to bad for his family because they are the ones affected the most...hope his wife will be grated the visa after the DNA results since she was honest 

[SalishSea 17,833]

2 hours ago, Gakiee said:

Oh yeah that to bad for his family because they are the ones affected the most...hope his wife will be grated the visa after the DNA results since she was honest 

She will not, as his material misrep will be a problem going forward.

[HRQX 4,145]

3 hours ago, Gakiee said:

hope his wife will be grated the visa after the DNA results since she was honest 

It he truly didn't know the child was his during the DV process then he is fine: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2 It wasn't "willfully made."

[SalishSea 17,833]

2 minutes ago, HRQX said:

It he truly didn't know the child was his during the DV process then he is fine: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2 It wasn't "willfully made."

The burden of proof that he "didn't know" will be on him.  Believe it or not, USCIS and DOS have heard it all.  Like Unlockable said above, it will seem dodgy since he is now married to the mother.

[HRQX 4,145]

16 minutes ago, Jorgedig said:

The burden of proof that he "didn't know" will be on him.

For denaturalization purposes the burden of proof shifts to the government; see Fedorenko v. US

The government "carries a heavy burden of proof in a proceeding to divest a naturalized citizen of his citizenship."

Edited October 9, 2019 by HRQX

[belinda63 3,038]

True but him trying to petition for a child born prior to him applying for the DV Lottery and him providing the birth certificate proving that and him not listing the child on the paperwork will be a lot of evidence.

Was he listed as the child's father on the birth certificate? Has he been added to it now?

[Gakiee 3]

24 minutes ago, belinda63 said:

True but him trying to petition for a child born prior to him applying for the DV Lottery and him providing the birth certificate proving that and him not listing the child on the paperwork will be a lot of evidence.

Was he listed as the child's father on the birth certificate? Has he been added to it now?

According to my friend this is how the story started they meet in college and they started dating so on the process of dating tat when the lady got pregnant but she was not sure who the father of the kid was she therefore did not tell the guy she was pregnant ..so the guy completed his course and the lady was left in college to complete her studies from there they lost contact from each other until when at the late year when the lady had delivered and gone back to college again he meet with his friend who showed him where the guy was working ..when the lady went to see the guy he told him she had his kid and he did not let him know since she was not sure who the father was but when the kid was born he resembled him.so the guy told him they do a DNA test to confirm the truth tat when they did en confirmed it was indeed his child but the problem was at tat tym the guy had already been issued with the visa en he was leaving for USA in the next two months..so the parents of the both family had to agree the guy to get married to the lady before leaving ...so that that their story..yeah after the DNA the went to the register and took the birth cert with the guys name as the father

Edited October 10, 2019 by Gakiee

[Unlockable 7,314]

1 hour ago, Gakiee said:

According to my friend this is how the story started they meet in college and they started dating so on the process of dating tat when the lady got pregnant but she was not sure who the father of the kid was she therefore did not tell the guy she was pregnant ..so the guy completed his course and the lady was left in college to complete her studies from there they lost contact from each other until when at the late year when the lady had delivered and gone back to college again he meet with his friend who showed him where the guy was working ..when the lady went to see the guy he told him she had his kid and he did not let him know since she was not sure who the father was but when the kid was born he resembled him.so the guy told him they do a DNA test to confirm the truth tat when they did en confirmed it was indeed his child but the problem was at tat tym the guy had already been issued with the visa en he was leaving for USA in the next two months..so the parents of the both family had to agree the guy to get married to the lady before leaving ...so that that their story..yeah after the DNA the went to the register and took the birth cert with the guys name as the father

Well, I guess that sounds plausible. And being that I have witnessed similar situations in my family and friends in the past, I can understand how a guy can have a child and not be aware of it.

 

Only thing they can do now is see how the CO takes the story.

 

Keep us posted on how it turns out.

[Gakiee 3]

1 minute ago, Unlockable said:

Well, I guess that sounds plausible. And being that I have witnessed similar situations in my family and friends in the past, I can understand how a guy can have a child and not be aware of it.

 

Only thing they can do now is see how the CO takes the story.

 

Keep us posted on how it turns out.

Ok will update what happens ...praying for them for things to work out for best