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WHAT MAKES THE EMBASSY SUSPICIOUS?
by Michael J. Gurfinkel, 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.
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