How do we address a notice of intent to revoke the approval of the I-130? 10 Answers as of December 22, 2010

My wife answered some questions wrong. She did not put the name of my ex wife on the form, and did not include husbands three children on form I-130. What steps can we take to remedy the situation?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
We would be happy to assist. I would submit a corrected I-130 with all the corrected information and then explain the omissions or errors in your cover letter. Time to respond is usually 30 days or less so make sure the response reaches USCIS before that date if at all possible.
Answer Applies to: California
Replied: 12/22/2010
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Well you should have 30 days to respond. You show that the omission was inadvertent, a mistake that was not intentional.
Answer Applies to: Florida
Replied: 12/22/2010
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
You need to immediately contact an immigration attorney!
Answer Applies to: Florida
Replied: 12/21/2010
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
It will not be easy to overcome a presumption of fraud, in the case of omissions as serious as that of an ex-wife and children by a prior marriage. One is going to raise the issue of possible fraud in obtaining an immigration benefit, considering that there may be an issue of whether a
divorce in your home country is valid prior to the petition being filed, or if your wife can support the three children. Plus, in the case that you are divorced, and you have been petitioned for before you certainly could be suspected of fraud. You may file a request to withdraw the petition and refile, stating a good faith mistaken belief that the previous marriage is not relevant nor the children, but it is not likely to succeed.
Answer Applies to: California
Replied: 12/21/2010
The Vega Law Firm
The Vega Law Firm | Linda Vega
Visit an immigration attorney to see if you can amend the application prior to the revocation. Otherwise you will have to resubmit the I-130 again.
Answer Applies to: Texas
Replied: 12/20/2010
    Carlos E. Sandoval, P.A.
    Carlos E. Sandoval, P.A. | Carlos Sandoval
    We would need to see the reasons why they are intending to deny your application, and file a response curing the problems.
    Answer Applies to: Florida
    Replied: 12/20/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    It might be more serious than you think. You might have been black flagged as being fraudulent, which is the No. 1 no no with USCIS. Why did this happen? I would suggest you to retain a lawyer to explain thoroughly the reasons and to write in a briefing about other possible
    future reasons for USCIS's denial. An immigration lawyer, an experienced one, would know the standard of approval, which is not extremely well-stated in the I-130 form.
    Answer Applies to: Florida
    Replied: 12/20/2010
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    You need to respond fully and with documentation. This is case that requires real guidance since revocation is difficult to come back from. You should seek counsel immediately.
    Answer Applies to: Virginia
    Replied: 12/20/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    There is no right way to advise someone how to respond to a Notice of Intent to Revoke without having the opportunity to review and analyze the notice. However, when the USCIS claims that one of spouses answered certain questions wrong, you must either deny they answered wrong (if they did not answer wrong) or provide a reasonable explanation for the
    misstatements. What is a reasonable explanation depends on the situation. Was it caused by the person misunderstanding the question or were they confused or did not understand the question? Was the person afraid to say they did not know, and just guessed? All of these could be the valid reason for the misstatement.

    The consequences of a petition being revoked are very serious and can result in deportation and/or a permanent bar to receiving a Green Card. You should contact a knowledgeable and experienced Immigration attorney in your area for a consultation.
    Answer Applies to: California
    Replied: 12/20/2010
    Law Office of Baoqin Wang
    Law Office of Baoqin Wang | Baoqin Wang
    You need to address each of the reasons of the proposed revocation and explain in logical and concise manner. At this stage, it is important to seek attorney's help.
    Answer Applies to: Oregon
    Replied: 12/20/2010
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