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WHAT MAKES THE EMBASSY SUSPICIOUS? ² Part
2
by Michael J. Gurfinkel, Esq.
In a previous article, a reader, who was scheduled
for his visa interview, asked about some of the things which could
trigger suspicions or investigations by the Embassy, and how a
person could best avoid having his case looked upon with suspicion.
This article discusses more suspicious situations.
If you can avoid these situations and/or can offer
proper and truthful explanations to the Embassy, then the
Embassy may be satisfied about your case:
6. A person obtains a green card
as "single with no children," but after obtaining
a green card, petitions a spouse and grown-up children.
If a person, at the time he or she was processed for a visa,
claimed to be single with no children, but, after obtaining
a green card, makes an "about face" and petitions
a spouse and/or grown-up child, the Embassy will wonder where
this instant family suddenly came from (i.e. a person obtains
a green card, claiming he or she is single with no children,
but four years later, he or she suddenly has a 15-year-old child
being processed for a visa). In such a case, the Embassy will
wonder why, four years earlier, the person had "no children",
and now he or she suddenly has a 15-year-old child.
7. A person claims required documents
were lost or damaged due to disasters.
In some cases, when the Embassy asks for documents or pictures,
the person claims the documents (such as birth or marriage certificates)
or pictures were destroyed by a natural disaster, even though
the person had never lived, visited or ever been near the place
where the alleged volcanic eruption or flood occurred. Or the
Embassy could be concerned when a person claims important documents
or family pictures were destroyed by other types of natural
disasters, such as fire, flood, etc.
In one case I know of, the Embassy became suspicious
as to whether the spouse of the primary beneficiary was really
the spouse. The Embassy asked for wedding pictures, but the
family claimed that their family pictures were destroyed by
flood. But the Embassy still wanted proof. Ultimately, the family
produced a wallet sized photo that showed the "bride",
but it was a different groom. So, the case was put under investigation,
because of suspicions that this was an imposter wife.
8. Is the petitioner still alive?
Under immigration law, a petition dies with the petitioner.
In some situations, where a petitioner dies, the children may
report to the Embassy for their visa interview, claiming that
their parent is still alive. Now, the Embassy may ask for a
notarized picture of the parent, holding up a current
newspaper, etc. to establish that the parent is still alive.
In addition, under new immigration laws, the petitioner must
submit a notarized affidavit of support in all family-based
petitions, even if the petitioner is retired or poor, or if
there will be a co-sponsor. Obviously, if the petitioner has
died, he could not submit a currently notarized affidavit of
support.
9. Did the parent become a U.S. Citizen?
For adult single children from the Philippines, a petition
by a U.S. citizen parent, takes much longer to
process than a petition filed by a green card holder parent.
In other words, it takes longer for a U.S. citizen (of
Filipino descent) to petition an adult child than it
does for a Filipino green card holder. Many Filipino parents
do not realize this, and mistakenly take the oath of citizenship,
thinking this would make it faster for their adult single child
to get an immigrant visa. Unfortunately, just the opposite is
true: being a U.S. citizen sets the waiting time back many,
many years. In the case where an adult single child is being
petitioned, the Embassy may ask for proof that the parent is
still a green card holder, and not a U.S. citizen.
10. "Date of marriage"
appears on child's birth certificate, where the parent claims
to be "single".
Some children are born illegitimate. In order to save the
child (and/or the parents) from "embarrassment", sometimes
parents put down a date of marriage on that child's birth certificate.
However, if the parent is being petitioned as single
(such as a single child of an immigrant or U.S. citizen), the
date of marriage appearing on their child's birth certificate
could create suspicions by the Embassy that the parent is really
married. (This is because the marriage of a person being petitioned
as "single" would affect their eligibility for a visa.
If they are being petitioned by an immigrant parent, the marriage
would void the petition, as only U.S. citizen parents
can petition married children. However, if they are being petitioned
by a U.S. citizen parent, the wait for a visa would be somewhat
longer.)
If you are truly single, and are being petitioned
as single, but there is a date of marriage on your child's birth
certificate, you should make sure that you can present appropriate
evidence and documentation to the Embassy to prove that you truly
were single, and the date of marriage on your child's birth certificate
is incorrect. Under no circumstance should you buy and register
a manufactured birth certificate for your child, listing the child
as illegitimate. Instead, you should explain the discrepancy
(of the date of marriage appearing on the child's birth certificate)
rather than trying to hide it or give fake documents. Giving fake
documents to try to conceal information could be grounds for you
to be denied a visa, due to "misrepresentations". Please
note that having an illegitimate child will not
void your petition, so long as you were truly "single".
In conclusion, if you are not entitled to
an immigration benefit and hope to "get away with it",
you should be aware that the Embassy is very wise to the above
circumstances, and many more. If you are not entitled to an immigration
benefit, you are simply wasting your time, the time of the U.S.
Embassy, and the time of people who are legitimately eligible
for visas, if you apply.
However, if you are legitimately entitled
to immigration benefits, but your case looks suspicious (although
it is truly legitimate), you should consider the assistance of
an attorney who can analyze your case and properly gather the
necessary documents and make a proper representation in your behalf
to the Embassy, so that any questions, concerns, or suspicion
will be properly explained. This way, you could possibly avoid
delays, investigations, or possible denials of your visa.
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