WHAT MAKES THE EMBASSY SUSPICIOUS?

by Michael J. Gurfinkel, Inc., Esq.

Dear Atty. Gurfinkel:
I have waited for more than 12 years for an interview on my approved family petition. I am very nervous about the upcoming interview and I am having trouble sleeping because of all the stories I hear from friends and relatives about how hard it is.

I want this interview to go smoothly and without any problems. Is there anything that I could do in advance, in order to avoid any suspicions about my case, and show the Embassy I am truly entitled to my visa?
T.M.

Dear T.M.
Many people have gone to interviews and wonder why the Embassy has put them (or their case) under investigation. They then have to wait for a long time while their case is being investigated, wondering if they will ever get their visa. There are a number of situations which could possibly trigger suspicions, questions, or investigations by the Embassy concerning the person's eligibility for the visa. If you can avoid these situations, and/or can offer proper and truthful explanations to the Embassy, then the Embassy may be satisfied, and you can avoid possible suspicions or investigation on your case. Some of the more common areas of concern are:

1. Late-registered birth certificates
When children are born, births are promptly registered with the Local Civil Registrar and the National Statistics Office. If you present a late-registered birth certificate (especially if registered many years after a child's birth), the Embassy may require an explanation as to why the birth certificate was registered "late." Some people try to submit late registered birth certificates to hide the parents' date of marriage because, in some cases, the parents' marriage would void the petition, or result in a much longer wait. You should always present true and correct birth certificates.

2. Midwife births
While some children are born at home with the assistance of a "hilot," most children are born in hospitals. If a child's birth certificate shows that he or she was delivered by a midwife, this could create suspicion by the Embassy that the birth certificate was "manufactured" to conceal the circumstances of the child's birth, such as the parents' marital status, the child's age, and/or who the real parents are.

3. Age of mother when she gave birth
If a mother gave birth at a very late age, this could create the suspicion that she is not the biological mother, but, instead, the grandmother or another relative. For example, if a birth certificate indicates that a mother was 55 years old at the time of the delivery of the child, the Embassy will undoubtedly question whether she is truly the mother, and may want blood tests to establish the parent-child relationship. The Embassy will want to make sure the child is not a grandchild, or niece, or nephew, and the grandmother is not trying to bring in her grandchild into the United States.

4. Tremendous age difference among siblings
Sometimes, a couple will have several children and then wait for 15 to 20 years before they have another child. This tremendous gap in their children's age could create suspicions that the last child may not be their biological child (i.e. the child may be their grandchild or the child of another family member). In such a case, blood tests may be requested.

5. A woman claims to be single with no children. But a medical exam discloses a history of pregnancies and deliveries.
When someone is ready to be interviewed at the U.S. Embassy because his/her priority date is current (or visa is available), that person is sent to St. Luke's hospital for a medical check-up. If a woman is being petitioned as an unmarried child and claims never to have given birth, but a medical examination shows that the woman gave birth, this creates the suspicion that the woman is really married, and she is trying to conceal the birth (and birth certificate of her child, which would disclose her marital status). If the visa she is applying for requires her to be single, the Embassy will definitely want to investigate and track down this "birth" before issuing her a visa (to make sure she is single). (If you are truly single, but have children, please note that illegitimate children would not void or affect the "single" status of the parent.)

In conclusion, if you feel that you are legitimately entitled to immigration benefits, but for some reason, you believe that the Embassy may become suspicious of your case, I would suggest you retain a reputable immigration attorney to help prove your entitlement to a visa, and/or overcome whatever suspicions the Embassy may have on your case.

If you are not entitled to an immigration benefit and you are just hoping to "get away with it," your application will ultimately be denied, and you will only be wasting your time, the time of the INS and the U.S. Embassy, and the time of people who are legitimately eligible for visas.

If you feel you are legitimately entitled to immigration benefits, you should consider the assistance of an attorney from the very beginning. The attorney can analyze your case, help you gather the necessary documents, and make the proper presentation to the Embassy, so that all possible questions, suspicions, or concerns will be addressed at once. This way, you may be able to avoid delays, investigations, or possible denials of your visa.