Did not list child on i-130 form can I now petition for them

[Timona 4,207]

2 minutes ago, Africa@321 said:

We grew up in a rural area and a birth certificate was never created.

 

No BC/ documentation in 2005? That's surprising. 

 

Anyway, hopefully by now you've created it. So, who's listed on the child's BC as parent?

[Africa@321 0]

4 minutes ago, Timona said:

 

No BC/ documentation in 2005? That's surprising. 

 

Anyway, hopefully by now you've created it. So, who's listed on the child's BC as parent?

One has still not been created but for school registration and hospital visit my mother was always listed as the parent.

[African Zealot 1,455]

You’re really opening up a can of worms. Too many issues with your narrative. Mother listed as parent,  child not listed on your petition etc.

 

It was a clear misrepresentation on your application because the application is explicit, the question is whether it was a willful and material representation in which case you could have been inadmissible at the time your petition was approved.

 

Better get a good attorney, I don’t envy your situation. 
 

Good luck!

 

 

Quote

 

Willful Misrepresentation

Inadmissibility based on willful misrepresentation requires a finding that a person willfully misrepresented a material fact. ^[2] For a person to be inadmissible, the officer must find all of the following elements: 

• The person procured, or sought to procure, a benefit under U.S. immigration laws;

• The person made a false representation; 

• The false representation was willfully made; 

• The false representation was material; and

• The false representation was made to a U.S. government official, generally an immigration or consular officer. ^[3] 

If all of the above elements are present, then the person is inadmissible for willful misrepresentation. 

If the person succeeded in obtaining the benefit under the INA, he or she would be inadmissible for having procured the benefit by willful misrepresentation. If the attempt was not successful,^[4] the person would still be inadmissible for having “sought to procure” the immigration benefit by willful misrepresentation. In each case, evidence of intent to deceive is not required. ^[5] 

 

 

[Rocio0010 5,579]

What made you think not listing him was a good idea?

[Cathi 5,748]

This is not a DYI case, especially since you are not listed as the child's mother. Expect a long, arduous, expensive process and as mentioned above, if misrep comes into it(it most likely will), you could very possibly lose you LPR status and be deported. Get a good immigration attorney who knows that they're doing. Good luck.

[AnnaCa 63]

Hi there, 

I do not have much input on the petitioning for you child, however, have you looked into filing for citizenship? That way you can't lose your status at least.

https://www.uscis.gov/n-400

 

 

[Timona 4,207]

21 minutes ago, AnnaCa said:

Hi there, 

I do not have much input on the petitioning for you child, however, have you looked into filing for citizenship? That way you can't lose your status at least.

https://www.uscis.gov/n-400

 

 

 

Citizenship can be revoked. A new law was passed during Trump's reign.

[carmel34 3,633]

22 minutes ago, AnnaCa said:

Hi there, 

I do not have much input on the petitioning for you child, however, have you looked into filing for citizenship? That way you can't lose your status at least.

https://www.uscis.gov/n-400

 

 

US citizenship will not make OP safe if there is misrepresentation.  US citizenship can be revoked if it was obtained via misrepresentation.

[AnnaCa 63]

1 minute ago, Timona said:

 

Citizenship can be revoked. A new law was passed during Trump's reign.

Oh, did not know about that law! Still should file though, if OP is eligible 

[SalishSea 17,833]

3 hours ago, Africa@321 said:

One has still not been created but for school registration and hospital visit my mother was always listed as the parent.

With all the lies and lack of/falsified documentation, you have an uphill battle ahead of you.  Prepare to spend a lot of time and money.

[Rocio0010 5,579]

1 hour ago, AnnaCa said:

Hi there, 

I do not have much input on the petitioning for you child, however, have you looked into filing for citizenship? That way you can't lose your status at least.

https://www.uscis.gov/n-400

 

 

Even if there wasn’t a law that could strip OP off of citizenship, filing for citizenship will not help what OP wants to do, which is bring her son.
She is not listed as her mom in the BC or the school records. So prior to thinking of bringing him, she’ll have to figure that out.

[Boiler 45,520]

Naturalizing would raise all these issues, competent legal advise required.

[Rocio0010 5,579]

1 hour ago, AnnaCa said:

Still should file though, if OP is eligible 

Not without legal, competent help. Naturalizing will bring up these issues, and they could claim material misrepresentation.

[African Zealot 1,455]

1 hour ago, Timona said:

A new law was passed during Trump's reign.

It existed before Trump however enforcement was very very very low and discretionary. Trump upped the ante through Operation Janus and Operation Second Look which actually started under Obama. He also created and recruited a bunch of attorneys to work on specifically revocations of citizenship.

[Bob in Boston 712]

6 hours ago, Africa@321 said:

was hoping I could get some other advice from people on this forum. Thanks for any info.

Just my opinion. I would not pursue this if you want to stay and live in the United states. Your sins of the past will catch up to you and not only will your petition be denied you may be joining them back home. Let the sleeping dogs lie.