Q: what the potential consequences for not mentioning kid in I485, based on VAWA?

A: Yes, you are likely to encounter difficulty in trying to immigrate a child you failed to list on your adjustment application. At the very least you would be required to explain the reason for the omission and establish that they are in fact your child. The consequences will depend largely on the reason that the child was not included and if USCIS suspects that the child was intentionally not included for a reason that impacted your underlying eligibility for the benefit, there could be a misrepresentation issue. It is advisable for you to consult with an immigration attorney about how to handle the situation.

A: I485 is currently pending, but the child is not included. After getting Green Card based on VAWA - will it be difficult to petition for a child who was not mentioned in i485?

Yes

Please see https://www.shusterman.com/vawa-immigration/

A: When filing the Form I-485, it is important to include all eligible dependents, including children, in the application. Failure to include a child in the I-485 application may have implications for that child's immigration status and future petitions. Here are a few points to consider:

Consequences of not including a child: If a child is not included in the I-485 application, they may not be eligible to obtain a derivative status based on your application. This could potentially complicate the process of sponsoring the child for a green card in the future.

Petitioning for the child later: If you realize that you did not include your child in the I-485 application and they are eligible for derivative status, you may need to explore other immigration options to petition for them in the future. This could involve filing a separate petition, such as a Form I-130 (Petition for Alien Relative), to sponsor the child once you have obtained your green card.

Consult an immigration attorney: To understand the specific implications and potential options in your case, it is highly recommended to consult with an experienced immigration attorney. They can evaluate your individual circumstances, review the relevant laws and regulations, and provide personalized guidance regarding the best course of action for your situation.

Please note that the information provided here is general in nature, and it is important to consult with an immigration attorney to obtain accurate and up-to-date guidance specific to your case. They can assess your situation, explain the options available to you, and guide you through the appropriate steps to address any issues related to your child's immigration status.