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DO LETTERS FROM CONGRESSMEN HELP YOUR CASE?
by Michael J. Gurfinkel, Esq.
Dear Atty. Gurfinkel:
I am being processed for my visa at the U.S. Embassy. I have already
been to the Embassy three times for interviews. Each time, I am
turned away without a visa, and told to bring more and more documents.
I am very frustrated and impatient over what is happening. For
example, the Embassy keeps asking me for an affidavit of support
from my father (who had petitioned me). But my father is retired,
so I have brought several affidavits of support from my brothers
and sisters, who are acting as co-sponsors. My siblings make plenty
of money, so I don't see what the problem is.
Also, I am single and am trying to include my illegitimate
child for a visa, but the Embassy is making a big deal over the
fact that the birth certificate was late-registered 15 years after
my child was born, and he was baptized at about the same time.
The child was also born at home, with the assistance of a "hilot".
Now the Embassy is saying that they are putting my case under
"administrative review".
My parents are American citizens, and are politically
active in America. Do you think it will help my case if my parents
have a Congressman write to the U.S. Embassy, demanding that the
Embassy issue me a visa?
Very truly yours,
B.A.
Dear B.A.:
In my opinion, letters from Congressmen (or other important dignitaries)
do not necessarily guarantee or assure issuance of a visa. In
fact, I know of some attorneys who refuse to accept any case where
a client has previously sought the assistance of a Congressman
to secure a visa. These attorneys believe that congressional involvement
will actually make the case worse. On my part, I would accept
such cases, but I tell the client to "call off" the
Congressman's involvement.
I believe that rather than having Congressmen write
letters to the Embassy (or INS), you should do the following:
-
Make sure that you are eligible for the
immigration benefit which you are seeking. If you
are being petitioned as "single", but are now married,
you may no longer be eligible for a visa as a single person.
No amount of letters from Congressmen will change the fact
that you would not be eligible. In fact, if you don't meet
the requirements, the Consul has no legal authority to grant
a visa to you, no matter how many letters a Congressman may
write.
- Make sure that you comply with all applicable
laws, rules, and regulations for eligibility for the visa.
Congress has already passed laws instructing Consuls on how
Consuls must act on various visa applications. Congressmen are
not above these laws. In your case, the law (passed by Congress)
requires that the petitioner must always submit an affidavit
of support on all family petitions, even if there are co-sponsors.
However, it appears that you have not complied with this
requirement. That may be one of the reasons for your delays
and frustrations. You are not complying with the applicable
law. Even if you get a Congressman to intercede, the Consul
must still follow the law.
- Make sure you fully document and establish
your eligibility for the visa. The law sets forth various
requirements that must be met in order for a person to be entitled
to the visa. It is your job to demonstrate to the Consul
that you meet those requirements. You must present appropriate
documentation, which is properly packaged, so that the Consul
will be assured that you are meeting all the legal requirements.
If your case is suspicious (i.e. late-registered birth, etc.),
it is your job to prove that you are truly entitled to the visa.
The fact that the birth was late registered, with the birth
at home, could be an indication that a person is trying to "hide"
a marriage (since birth certificates have parents' date of marriage
on them), or this may not really be your child.
Of course, everybody is entitled to seek the assistance
or intervention of a Congressman, and I am by no means trying
to discourage people from exercising this right. However, it has
been my experience that Consuls (as well as their staff) are fair
and reasonable. Usually, when problems arise, the Consul's concerns
are legitimate. So, rather than having Congressmen writing letters
to the Consuls, I believe it is better to simply address and satisfy
the Consul's concerns about the case by complying with the law,
and/or properly explaining and documenting any discrepancies or
concerns, and thereby proving your eligibility for a visa.
If you are not fully aware of what the laws, regulations,
or requirements are, or there are questions, discrepancies or
concerns about eligibility, I would strongly advise that you seek
the advice of a reputable attorney, who can assist you in proving
your eligibility for the visa.
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