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Ask Cesar R. Ternieden, Esq. Your Own Que...

Cesar R. Ternieden, Esq.
Cesar R. Ternieden, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 319
Experience:  Almost 10 years practicing US immigration law. Hablo español, de veras! Eu falo português.
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I am a u.s. citizen. I am trying to petition my child back

Customer Question

I am a u.s. citizen. I am trying to petition my child back in my home country whom I failed to include in my application when I was petitioned by my U.S. citizen wife. what should I need to do? do I need to worry about stripping my citizenship cause I failed to acknowledge I have a child? need help.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Cesar R. Ternieden, Esq. replied 3 years ago.

Hello,

 

My name isXXXXX'm pleased to be able to help you today. But before I attempt to answer your question, I need to ask you a few questions first so that I can understand your situation a little better.

 

Which country are you from?

 

When your US citizen wife filed for you to get the green card, why did you not indicate that you had a child? What was the REAL reason you didn't tell immigration that you had that child?

 

Is the child with a prior wife? Were you legally divorced from the prior wife when you married the US wife?

 

How old is the child today?

 

These questions can be important for me to help you determine the importance of the failure to indicate you had a child.

Expert:  Cesar R. Ternieden, Esq. replied 3 years ago.

Hello,

 

My name isXXXXX pleased to be able to help you today. But before I attempt to answer your question, I need to ask you a few questions first so that I can understand your situation a little better.

 

Which country are you from?

 

When your US citizen wife filed for you to get the green card, why did you not indicate that you had a child? What was the REAL reason you didn't tell immigration that you had that child?

 

Is the child with a prior wife? Were you legally divorced from the prior wife when you married the US wife?

 

How old is the child today?

 

These questions can be important for me to help you determine the importance of the failure to indicate you had a child.

Customer: replied 3 years ago.
Philippines, I am not married to my childs mother. the reason I didn't add my child on the petition was during that exact time I was still adamant if he really is my child. He is turning 3 years old this year.
Customer: replied 3 years ago.
Philippines, I am not married to my childs mother. the reason I didn't add my child on the petition was during that exact time I was still adamant if he really is my child. He is turning 3 years old this year.
Customer: replied 3 years ago.
Philippines, I am not married to my childs mother. the reason I didn
Expert:  Cesar R. Ternieden, Esq. replied 3 years ago.

Ok, the problem here is that you did not include the fact that you had a child with another woman both at the time when you obtained a green card and 3 years later when you applied for your naturalization.

 

The only way you can lose your US citizenship is if you committed willful and material misrepresentation or fraud. This means that the misrepresentation has to be intentional and material. Material means that if you had included the information in your green card application and naturalization petition, could the outcomes have been different?

 

Since you were obtaining the green card based on you marriage to a US citizen, a recent relationship to another woman leading to the birth of a child is material as to the bona fide of your marriage. Therefore, you do need to be concerned about this issue.

 

The USCIS can question you intensely regarding your marriage to the US citizen wife again and consider initiating procedures in Federal Court to take away your US citizenship.

 

On the other hand, if you continue to be married to the US citizen wife - through whom you obtained your Naturalization and green card - and you had children with her, then you will have a very strong ability to demonstrate that your marriage to the wife was in fact solid and bona fide. If you can be sure of this argument, that you can go ahead.

 

I strongly suggest that you have a detailed meeting with an immigration attorney to discuss all the details of your bona fide marriage with your US citizen wife and to make a decision if you believe that the marriage can survive any doubts regarding the bona fide. If you reach the decision that no one will doubt that you in fact married the US wife for love and that the child you had out of wedlock was the exception, then you should be able to go forward with the process of applying for an I-130 for your child.

 

To do so, you will have to legitimize the child under the laws of the Philippines or of the state you live in the US. If you do not wish to, or cannot, legitimize the child and want to file a petition based on a child born out of wedlock, you must show that you are the natural father of the child and that a real or bona fide parent-child relationship was established before the child marries or turns 21 years old. A bona fide parent-child relationship will be deemed to exist where the father demonstrates an active concern for the child's support, instruction, and general welfare for the child.

 

I wish you good luck. I hope I answered your question. Please let me know if you have other questions or comments.

 

I hope this was useful and that you "Accept" my answer by pressing the green button.

Please remember that the above information is provided to you by me as a service to the public. As legal advice must be tailored to the specific circumstances of each case, nothing provided herein should be used as a substitute for advice of competent counsel, nor can it constitute legal advice because this is a public forum and also because I do not have a full opportunity to fully review all possible facts in your case in confidence as I would in a one-on-one interview. As a result, the above is not legal advice, does not create an attorney-client relationship, is not confidential, and is strictly only for intended for general informational purposes.

 

Having said that, I do wish you all the best and please consider dropping a feedback (hopefully a positive one!). Thank you.

 

Expert:  Cesar R. Ternieden, Esq. replied 3 years ago.

Ok, the problem here is that you did not include the fact that you had a child with another woman both at the time when you obtained a green card and 3 years later when you applied for your naturalization.

 

The only way you can lose your US citizenship is if you committed willful and material misrepresentation or fraud. This means that the misrepresentation has to be intentional and material. Material means that if you had included the information in your green card application and naturalization petition, could the outcomes have been different?

 

Since you were obtaining the green card based on you marriage to a US citizen, a recent relationship to another woman leading to the birth of a child is material as to the bona fide of your marriage. Therefore, you do need to be concerned about this issue.

 

The USCIS can question you intensely regarding your marriage to the US citizen wife again and consider initiating procedures in Federal Court to take away your US citizenship.

 

On the other hand, if you continue to be married to the US citizen wife - through whom you obtained your Naturalization and green card - and you had children with her, then you will have a very strong ability to demonstrate that your marriage to the wife was in fact solid and bona fide. If you can be sure of this argument, that you can go ahead.

 

I strongly suggest that you have a detailed meeting with an immigration attorney to discuss all the details of your bona fide marriage with your US citizen wife and to make a decision if you believe that the marriage can survive any doubts regarding the bona fide. If you reach the decision that no one will doubt that you in fact married the US wife for love and that the child you had out of wedlock was the exception, then you should be able to go forward with the process of applying for an I-130 for your child.

 

To do so, you will have to legitimize the child under the laws of the Philippines or of the state you live in the US. If you do not wish to, or cannot, legitimize the child and want to file a petition based on a child born out of wedlock, you must show that you are the natural father of the child and that a real or bona fide parent-child relationship was established before the child marries or turns 21 years old. A bona fide parent-child relationship will be deemed to exist where the father demonstrates an active concern for the child's support, instruction, and general welfare for the child.

 

I wish you good luck. I hope I answered your question. Please let me know if you have other questions or comments.

 

I hope this was useful and that you "Accept" my answer by pressing the green button.

Please remember that the above information is provided to you by me as a service to the public. As legal advice must be tailored to the specific circumstances of each case, nothing provided herein should be used as a substitute for advice of competent counsel, nor can it constitute legal advice because this is a public forum and also because I do not have a full opportunity to fully review all possible facts in your case in confidence as I would in a one-on-one interview. As a result, the above is not legal advice, does not create an attorney-client relationship, is not confidential, and is strictly only for intended for general informational purposes.

 

Having said that, I do wish you all the best and please consider dropping a feedback (hopefully a positive one!). Thank you.

 

Expert:  Cesar R. Ternieden, Esq. replied 3 years ago.
I'm sorry for the double postings, I don't know what's happening with the site.
Expert:  Cesar R. Ternieden, Esq. replied 3 years ago.
Is there anything else that I can do for you? If not, I hope my answer was useful and that you "Accept" my answer so that I can be rewarded for my efforts in this discussion forum by pressing the green button. You won’t be charged again and I will be glad to take follow up questions without additional charge if you have a few follow-up questions.

I do wish you all the best and please consider dropping a feedback (hopefully a positive one!). And in the future, if you would like me to answer your questions in the future, just start with “TO MR. TERNIEDEN,” and I will be able to quickly get to your question asap. Thank you.
Cesar R. Ternieden, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 319
Experience: Almost 10 years practicing US immigration law. Hablo español, de veras! Eu falo português.
Cesar R. Ternieden, Esq. and 2 other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
I will accept this for sure after you answer this one. I am now currently divorce with my former wife. I left Phils. June, my I didn't know she was pregnant until I got married with my wife in the states on september on the same year. she gave brith on October of the same year. Also, I obtain my citizenship through military not through marriage. With this being said. What are the possible consequences I might be facing?
Expert:  Cesar R. Ternieden, Esq. replied 3 years ago.
Just to be clear because we have two women we're talking about here. This is what I hear:

You were in the Philippines and had a girlfriend in the Philippines and she became pregnant. But you didn't know.

At the same time you came to the US on some visa (what visa? Important!) and once in the US, quickly got married to another woman on September of 2007.

In the meantime, the girl in the Philippines gave birth on October of 2007. And you didn't know.

Then you got the green card in the US based on the marriage to the US wife. Did you know you had the child already? If you did not know, no problem. If you knew you had a child, why did you not tell immigration?

Then later you got the US citizenship based on your military status. Again, why did you NOT state when you applied for citizenship that you had a son?

Listen, I'm insisting here because it is very important for you to get this straight. The timing of what you knew when is very important.
Customer: replied 3 years ago.

Okay, I left for United states June 2007 as a tourist. 2 months prior to that I broke up with my girlfriend in the Philippines without knowing she is indeed pregnant during that time. I did then met my wife to be in the United states, got married on September 2007. about the same time I was inform that I my former girl friend in the Philippines is pregnant and I am the father. she gave birth October of the same year. Jan 2008 we filed for I-130 and adjustment of status. During this time I wasn't really convince that it is indeed my child, thats the reason why I didn't include him in my petition. Join the military obtain my citizenship last year. marriage with my wife didnt went well and decided to end it. Now, being so scared of having a dependent in the military without giving financial support, as they threatened me to be reported which is not joke in the military. I added him as my dependent, I went on vacation spend time with him and with all the accounts and own recollection I now acknowledge him as my son.

Customer: replied 3 years ago.

I will wait for your reply on this. thanks

Expert:  Cesar R. Ternieden, Esq. replied 3 years ago.
OK, based on what I read above, it appears to me that you should not have problems relating to the fact that you had not previously listed the child as yours because you did not know.

I do wish you all the best and please consider dropping a feedback (hopefully a positive one!). And in the future, if you would like me to answer your questions in the future, just start with “TO MR. TERNIEDEN,” and I will be able to quickly get to your question asap. Thank you.

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