Lied On CR-1 Visa Application About My Child, Will My Visa Get Denied?
We all should know by now that lying on a visa application is a HUGE mistake. But for whatever reason there are still some people who decide to take the risk. If you are trying to hide something that you believe will make it more difficult to get approved, think twice about the consequences of your actions. The USCIS does extensive background checks and they are able to find out a lot about you that you may not know they have access to.
So, why would someone lie about their child on a visa application? There are many reasons but most of them have to do with fear. What I mean by this is that a parent may feel like their child might be denied a CR-2 visa (whether there is a legitimate reason or not) or they may have a step-child that they claim as their biological child.
Most parents want to do what’s best for their child so many moms and dads may lie on a visa application because they believe that it may make it easier to get their visa approved. Of course, this is not the best way to go when it comes to visa applications, but I understand that this type of misrepresentation is a little different than someone lying about themselves.
Either way, it is never a good idea to lie of a visa application no matter what. Be honest and state all the facts. This may cause delays in processing your visa application if the USCIS may need to dig deeper into your background, but at least there won’t be any negative surprises that come up along the way.
Petitioner Claimed Step-Child Is Their Biological Child On CR-1 Visa Application
In some cases, U.S. citizen petitioners may decide to claim a step-child (the beneficiary’s child) as their biological child thinking it will make the immigration process faster. Even if the biological father isn’t in the picture or has passed way, you cannot claim that the child is biologically yours.
The reason this is so risky is because the USCIS may require a DNA test and this will reveal the truth. If they find out that you lied, the CR-1 and CR-2 visa applications will be immediately denied and you will have a tough uphill climb to fix this mess. There is nothing wrong with petitioning for a step-child and it will not cause more delays than a biological child (other than the child being a U.S. citizen and getting a passport if they are biologically yours).
If you are in this situation and your visa application is still being process; withdraw it now! If you withdraw the application you can claim that it was a mistake and correct it. You will need to pay for the application fee again but at least you know that you were completely honest on the new application.
If the USCIS doesn’t require a DNA test they will most likely have you apply for CRBA as a U.S. citizen child born abroad. This is where you will get stuck because you have no proof the child is yours and will not pass a DNA test. You have to think ahead and know what the process entails because you cannot trick the USCIS and once they find out, you may never get approved for your relatives. Don’t risk having a lifetime ban on both your wife and step-child due to misrepresentation, it’s just not worth it.
I Have Children But I Lied And Said I Had No Children
On the I-130 application you are required to provide a list of all your children. Whether you are a male or female petitioner doesn’t matter. You have to claim all of your biological children even if they do not live with you. The fact that you did not claim any of your kids can be a huge problem if you are caught and there really isn’t a good reason to lie.
If you do not want to petition your children in your home country because you want to stay behind, you don’t have to apply for them. But you do need to claim them on your I-130 application. Some beneficiaries are trying to avoid child support payments and do not want their child’s other parent to know that they are moving to the U.S. This is unfortunate and every parent should take responsibility for their child, but that is not always the case.
You must also sign your name on the I-130 confirming that you provided true and correct information:
“YOUR CERTIFICATION: I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct. Furthermore, I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit that I am seeking.”
Now, if you don’t believe they are your biological children (men only) then you may be able to use this answer if it ever comes up. But you are not out of the woods just yet because unless you have DNA tests, this is also a risk. If the children are biologically yours, then your application may be denied or you may be put under deportation process if you are already in the U.S.
I Had An Abortion But Lied About It To The Physician
In some countries such as the Philippines, the physician doing the medical examination will ask whether you have ever had an abortion. Some women decide to lie about this fact because they may not have told their U.S. citizen spouse about it, but this puts you at risk of being denied a visa for making a false statement.
Even though abortions are legal in the United States, you should still be honest because if you did have an abortion, this is not a cause for denial. It’s important to also tell the U.S. petitioner because it may come up the interview to remove conditions.
If abortion is still illegal in your home country, it will not be a problem to admit it. You are applying for a U.S. visa and the physicians know this so tell the truth about any previous abortions. Why complicate an already complicated immigration process?
I don’t mean to sound like a broken record but I’ll say it again, NEVER lie on a visa application. Not even a little white lie. As long as you are completely honest and have all the evidence that you need, your visa application should be approved and you and your children will be on your way to your new life in the U.S.