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I have an illegitimate child which I don't have custody of, nor any access to; therefore, I can't have access to his photo to include in my DS-5501 form. Now I have been selected for DV2023. I believe I have a valid reason to not have been able to include the child on my entry form. Will this work against me?

Any advice regarding how I can address this omission on my DS-260 form? Thanks for any advice out there.

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USCIS may well consider the omitted information to be relevant and material. Even though you have neither custody or visitation, those could be changed in the future by a court having jurisdiction. Even more seriously: depending upon the parents' circumstances and the law to be applied by the court, you could in the future be ordered to pay support for the child.

Because the existence of the child is likely easily discoverable by USCIS, you should disclose the child when completing your DS-260. Include an explanation about why you did not disclose the child's existence when you completed the DS-5501. Your explanation should be concise, factually correct, and non-emotional.

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  • Thanks for this useful advise. Very much appreciated.
    – Coral
    Jun 11, 2022 at 3:37
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    This is generally good advice. Anything that could be discovered in the future should be disclosed, and the important thing is never to lie. Anything that turns out to be untrue, can later be grounds for instant dismissal. Omission is not quite as bad - but the sooner you disclose it the better.
    – Scott Earle
    Jul 11, 2022 at 3:23

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