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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Immigration Law
Satisfied Customers: 387
Experience:  Managing Attorney at a Law Firm
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Looking to apply for Naturalization. In my previous

Customer Question

Hello, I'm US Resident looking to apply for Naturalization. In my previous Application for Green Card I have never mentioned my daughter, she is non married and she lives over sea. Can I mentioned her in my application for Citizenship?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: No I have a Green Card
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO..
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Nisha Jones, Esq. replied 2 months ago.

Good morning, I am an Immigration attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. Please allow me just a few minutes to prepare some information for you, thank you!

Expert:  Nisha Jones, Esq. replied 2 months ago.

Yes, you can mention her. However, if you wish to file for her green card and citizenship, you'll need to fill out and submit some additional forms on her behalf.

The first form you'll need to fill out for her is Form I-130. Then you'll also need to provide:

1. A copy of Form I-551 (green card) OR

2. A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence.

You'll also need to submit a copy of her birth certificate and some other supporting documentation, which you can find listed here at this link to the USCIS website:

https://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

Note, it is possible that you might be asked why she wasn't mentioned in your prior application paperwork, so just be prepared to share your answer for that in case it comes up, ie. you forgot, didn't know you were supposed to include her name, etc.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars as this is the only way experts are compensated for our time here on 'just answer'. It doesn't cost you anything to rate me, and we can still continue our conversation for free after. Thanks!

Customer: replied 2 months ago.
Ok, so you think there is no fraud that I didnt mentionned her earlier and I'm doing it now? Correct?
Expert:  Nisha Jones, Esq. replied 2 months ago.

No I do not think this is fraud, especially if it was done unintentionally. You should however make sure to list all of your children on your form N-400 if you want them to be able to derive citizenship from you.

Please remember to rate me using the stars as this is the only way I'm compensated for my time by the website. Thanks!

Expert:  Nisha Jones, Esq. replied 2 months ago.

I do have a follow-up question-- what was the basis for your original green card application? Was it filed for through marriage?

If it was filed for through marriage to a US citizen, and your daughter was born during this marriage, but to another biological parent other than your US spouse-- then that may be grounds for fraud allegations from USCIS. If that's not applicable to your situation though, please disregard.

Please take a moment to rate me using the stars on this page, and please let me know if you have any follow-up questions. We can still continue our conversation for free even after you rate me. Thanks!

Expert:  Nisha Jones, Esq. replied 2 months ago.

Based on the rules of the 'just answer' website, I cannot refer you to a specific attorney, but here is a great immigration lawyer search tool where you can locate an immigration lawyer if you decide to hire one to help with your case.

AILA's Immigration Lawyer Search
www.ailalawyer.com/

Whether or not USCIS sees your omission as a material misrepresentation will affect whether or not it becomes a serious issue for you. If there's not any of the problems I mentioned before (with marriage to a US spouse, or your daughter being born out of wedlock) then it should not become a material issue; hopefully it was just an accidental omission.

Best of luck to you! Let me know if you have any more questions, and please take a moment to kindly rate me using the stars at the top of this page. Thanks!

Expert:  Nisha Jones, Esq. replied 2 months ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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