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IS YOUR CASE SUSPICIOUS - Part 1
by Michael J. Gurfinkel, Esq.
- Late-registered birth certificates.
When children are born, births are promptly registered
with the Local Civil Registrar and the National Statistics Office.
If you submit a late-registered birth certificate (especially
if registered many years after a child's birth) the Embassy
or INS may require an explanation as to why the birth certificate
was registered "late". Often, people submit late registered
birth certificates when they want to hide a marriage of the
parents (as birth certificates include information on the parents'
date of marriage), an out-of-wedlock birth, or the true date
of a child's birth (i.e. over 21 years old). Other times, also,
people in the provinces or barrios just don't have the time
or money to go to the cities or towns where the Local Civil
Registrars are located, to register the birth.
- 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, again, could create suspicion by the Embassy
or INS that the birth certificate was "manufactured"
to conceal the real circumstances of the child's birth, such
as the parents' marital status, the child's age, and/or who
the real parents are.
- 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, etc. For example, if a birth
certificate indicates that a mother was 55 years old at the
time of delivery of the child, the Embassy or INS will undoubtedly
question whether she truly is the mother, and may ask the mother
and child to undergo DNA blood tests to establish the parent-child
relationship. The Embassy or INS wants to make sure the child
is not a grandchild or niece or nephew.
- 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 ages 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 also be requested.
- A woman claims to be single with no children.
But a medical exam discloses a history of pregnancies and deliveries.
If a woman is being petitioned as an "unmarried" daughter
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 or INS would definitely want to
investigate and track down this "birth" before issuing
her a visa (to make sure she is single). (Please note that having
illegitimate children would not void or affect the "single"
status of the parent.)
- A person obtains a green card as "single
with no children," but after obtaining a green card, immediately
petitions a spouse and 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 child 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 or
INS will wonder why, four years earlier, the person had "no
children", and now he or she suddenly has a 15-year-old
child.
Conclusion
If you are not entitled to an immigration benefit and
hope to "get away with it", you should be aware that
the Embassy and INS are very wise to the above circumstances,
and many more. Please be aware that you would not be the first
person to be involved in any of the above situations. They have
become so common in the Philippines, that they are now routinely
investigated. This is why even 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 gather the necessary
documents and completely prove your visa eligibility to the Embassy
or INS, satisfying any questions, concerns, or suspicions. This
way, you may be able to avoid delays, investigations, or possible
denials of your visa.
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