How can we fix this immigration application misunderstanding? 3 Answers as of February 08, 2011

My wife and I were married in the PI. We moved to Texas and then she told me the sisters were actually her kids, not her mothers. We brought the mother over to the US and she applied for the kids, as hers. She became a US Citizen and the kids immigration numbers came up. US Embassy in Manila wants a DNA test now. We can not due because the petitioner is not the real mother but the grandmother. We did not purposely lie to Immigration but tried to keep all the info the same. The kids would be already hear if my wife applied for them. How can we fix this?

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Unfortunately, your wife and her mother both made material misrepresentation when obtaining their Green Cards, and even though they may now be U.S. Citizens, they could ultimately be deported from the U.S. You need to retain an experienced immigration attorney to work with you on this matter in order to avoid this from happening, and also so that the children may eventually be properly petitioned.
Answer Applies to: California
Replied: 2/8/2011
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
You cannot fix it. I believe immigration fraud has been committed because the parties knew very well whom the mother was but purposely disclosed otherwise. I am not sure who came up with the idea but it has already caused irreparable damage to the immigration path and there is no good way to correct it. The petitioner can withdraw the I-130s and have the real mother file the I-130 again, but the waiting time cannot be recaptured and the entire case will have to be restarted again.
Answer Applies to: California
Replied: 2/7/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Fraudulent petition is felony. You should withdraw your petition and refile it again. Good luck!
Answer Applies to: Florida
Replied: 2/7/2011
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