POSSIBILITY OF REMOVAL OF A CHILD UNDER EB-3 VISA CATEGORY IF DNA TEST WILL FAIL

[SalishSea 17,829]

5 hours ago, Evetskomplitz said:

Can one just abandon this application and file afresh without the child? 

LOL......like maybe USCIS/DOS will lose the original application?   That would be convenient.

[SalishSea 17,829]

2 hours ago, JeanneAdil said:

Upsets me that the poster would want to get to the US bad enough to think to disown a 12 year old and leave him in Nigeria when the OP is the only parent he knows

 

thats what i was writing about

Exactly.

 

None of this helps those Nigerians who have legitimate, scam-free cases.  It just perpetuates the stereotype of Lagos being in a class of its own when it comes to fraud.

[African Zealot 1,455]

14 hours ago, Olori Oko said:

I don't want to do the DNA test and need your advice pls.

Please what can I do at this point? 
Is there any possibility of removing the Child from my application?

Get ready to suffer the consequences of your falsification of records. I am currently helping on a case where the American petitioner was pregnant by another man (she still keeps denying it) before marrying the beneficiary and never told him and passed it off to him as his child and put the child on their application as their child together.

 

Consular officer requested a DNA test after noticing a discrepancy between the child’s birth date and the date the partners met for their wedding. Nine years later and even after having another bonafide child together, he’s still not been approved.

 

Yours is worse, you could likely  receive a misrepresentation/fraud bar.

[Crazy Cat 41,857]

15 hours ago, Olori Oko said:

WHAT HAPPENED WHEN US EMBASSY REQUESTED FOR A DNA TEST TO PROVE THE MATERNITY OF MY WAYWARD LATE BROTHER'S CHILD CLAIMED AS MINE?

 

I have my nephew listed on my application as my biological son and at the Visa Interview the CO requested that we should get a DNA test to show that the child is mine. Since birth, my brother and his girlfriend (mother) abandoned the baby with me as they described the poor boy as a mistake. In 2015, my brother eventually got killed in the cause of his hooliganism while all efforts made to trace the mother totally proved abortive even till date.

 

The boy is today 12 years old and in 2018 he was required to submit his birth certificate at the school, and I had no option left than to register his birth under my family's name. Thus, the birth certificate shows me and hubby as his mother and father respectively. This is the same birth certificate presented at the embassy.

 

I don't want to do the DNA test and need your advice pls.

Please what can I do at this point? 
Is there any possibility of removing the Child from my application?

This could, eventually, end badly for all involved.  This could be seen as a serious case of misrepresentation.  I guarantee that it will receive a great deal of scrutiny. 

Edited April 18, 2022 by Crazy Cat

[Crazy Cat 41,857]

15 hours ago, Olori Oko said:

This is the same birth certificate presented at the embassy.

 

So, what prompted the DNA test?  

[African Zealot 1,455]

11 hours ago, JeanneAdil said:

Upsets me that the poster would want to get to the US bad enough to think to disown a 12 year old and leave him in Nigeria when the OP is the only parent he knows

11 hours ago, Cathi said:

That's the part that bothers me the most about this entire thread. 

I think you should pump the brakes on your indignation, it unfounded. We’ve already condemned the OPs fraud however nobody has talked about “abandoning” the child.

 

There are tens of thousands of immigrants in America who left even their biological children behind to migrate and those children are well taken care of. That’s not abandonment. Typically African immigrants send money home to take care of children, parents, cousins, nephews and nieces etc. 

 

We have extended family systems in Africa and millions of children across the continent being lovingly cared for by non biological parents and uncles and aunts. So let’s not rush into calling this abandonment and get indignant.

.

[JeanneAdil 6,505]

1 hour ago, African Zealot said:

I think you should pump the brakes on your indignation, it unfounded. We’ve already condemned the OPs fraud however nobody has talked about “abandoning” the child.

 

There are tens of thousands of immigrants in America who left even their biological children behind to migrate and those children are well taken care of. That’s not abandonment. Typically African immigrants send money home to take care of children, parents, cousins, nephews and nieces etc. 

 

We have extended family systems in Africa and millions of children across the continent being lovingly cared for by non biological parents and uncles and aunts. So let’s not rush into calling this abandonment and get indignant.

.

but now the 12 year old is stuck with a fake birth certificate that will affect him the rest of his life with a missing mother and dead father

What does he do if later he wants to immigrate to another country as he is hosed?

 

and yes we all support family back home but this poster isn't asking how to provide the child with a corrected record of birth or say that he can live with other family and she support him

 

, legal is legal 

and this poster admits she committed immigration fraud and now wants help to undo it 

this is so unfair to those from Nigeria  who do all  this legally and have to go thru extended AP because of others like the poster

 

the post here should be closed as VJ can not help those who commit fraud

 

[powerpuff 6,700]

1 hour ago, Crazy Cat said:

So, what prompted the DNA test?  

My question too. Usually they ask for family-based petitions, not work visas. You never know I guess, maybe this has happened before at the consulate.

[Unlockable 7,314]

17 hours ago, Olori Oko said:

WHAT HAPPENED WHEN US EMBASSY REQUESTED FOR A DNA TEST TO PROVE THE MATERNITY OF MY WAYWARD LATE BROTHER'S CHILD CLAIMED AS MINE?

 

I have my nephew listed on my application as my biological son and at the Visa Interview the CO requested that we should get a DNA test to show that the child is mine. Since birth, my brother and his girlfriend (mother) abandoned the baby with me as they described the poor boy as a mistake. In 2015, my brother eventually got killed in the cause of his hooliganism while all efforts made to trace the mother totally proved abortive even till date.

 

The boy is today 12 years old and in 2018 he was required to submit his birth certificate at the school, and I had no option left than to register his birth under my family's name. Thus, the birth certificate shows me and hubby as his mother and father respectively. This is the same birth certificate presented at the embassy.

 

I don't want to do the DNA test and need your advice pls.

Please what can I do at this point? 
Is there any possibility of removing the Child from my application?

@Olori Oko

 

To be blunt, this does not look good at all. It will impact you and your entire immigration journey and not just the child's. Even if you correct this, it is on file that you misrepresented yourself and also falsified important documents. There are serious penalties for those infractions.

 

What you did for your nephew may have been admirable, and I think you had good intentions. But when dealing with government entities you can not do those things, even if you feel you had a legitimate reason to do so. I wish we had better news for you but this does not look resolvable from an immigration standpoint.

 

God speed.

[Unlockable 7,314]

1 hour ago, African Zealot said:

I think you should pump the brakes on your indignation, it unfounded. We’ve already condemned the OPs fraud however nobody has talked about “abandoning” the child.

 

There are tens of thousands of immigrants in America who left even their biological children behind to migrate and those children are well taken care of. That’s not abandonment. Typically African immigrants send money home to take care of children, parents, cousins, nephews and nieces etc. 

 

We have extended family systems in Africa and millions of children across the continent being lovingly cared for by non biological parents and uncles and aunts. So let’s not rush into calling this abandonment and get indignant.

.

If I had time to search for it, there was a thread a few years ago on a beneficiary being requested to do DNA tests on her 4 children. The couple was married during the birth of all 4 children but something must have triggered the suspicion of the IO on the petitioner's time in the beneficiary's country and the possible conception dates of the children.

 

Turns out the last 2 children were not the petitioner's . 

 

The petitioner came on the forum asking if there was a way to still immigrate all the children even though it was revealed that 2 were not his. We never got a follow up.

[Boiler 45,516]

5 minutes ago, Unlockable said:

If I had time to search for it, there was a thread a few years ago on a beneficiary being requested to do DNA tests on her 4 children. The couple was married during the birth of all 4 children but something must have triggered the suspicion of the IO on the petitioner's time in the beneficiary's country and the possible conception dates of the children.

 

Turns out the last 2 children were not the petitioner's . 

 

The petitioner came on the forum asking if there was a way to still immigrate all the children even though it was revealed that 2 were not his. We never got a follow up.

DNA testing should be part of any Birth Certificate registration.

[Timona 4,207]

4 hours ago, African Zealot said:

I am currently helping on a case where the American petitioner was pregnant by another man (she still keeps denying it) before marrying the beneficiary and never told him and passed it off to him as his child and put the child on their application as their child together.

 

Why's this even a problem and on the  beneficiary's application? Isn't the child already a USC and won't be seeking any immigration benefit alongside beneficiary? I'm scratching my head here.

 

I know you have to list kids they've had together...but this kid isn't seeking any benefit or migrating. 

Edited April 18, 2022 by Timona

[Penguin_ie 5,993]

***** locked as op has been given the correct, legal answer. *****