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IS YOUR CASE SUSPICIOUS - Part 2
by Michael J. Gurfinkel, Esq.
In a previous article, I discussed some situations
which usually raise the Embassy or INS' suspicions about a person's
eligibility for a visa, and possibly trigger an investigation,
causing weeks or months, or even several years, of delay. This
article discusses some more suspicious situations.
- Is The Petitioner Still Alive?
Under immigration law, when a petitioner dies, so does
the petition. In some situations, even where a petitioner dies,
the children may still go 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, a notarized affidavit of support must be
given by the petitioner in all family cases (even with co-sponsors).
So, if the petitioner is dead, he can't submit the affidavit
of support.
- Did The Parent Become A U.S. Citizen?
It takes longer for a U.S. citizen (of Filipino descent)
to petition an adult child (over 21 years of age) than it does
for a Filipino green card holder parent. 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 from the INS that
the parent is still a green card holder, and not a U.S. citizen.
- Does The Person Really Possess The Education
Or Skills For A Job?
In order for a person to be petitioned for a temporary
working visa (H-1B) or a green card through Labor Certification,
it is necessary that the person has a college degree (in the
case of H-1B) or be a college graduate or skilled worker (in
the case of Labor Certification). Some people do not possess
the necessary education or skills. They sometimes go to small
stores along the sidewalk on Recto Avenue and buy diplomas or
letters of experience. The Embassy knows about the Recto diploma
mill, and will authenticate diplomas and/or letters of experience.
- "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
lead the Embassy to believe 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. If they are being petitioned by a U.S. citizen
parent, the wait for a visa would be much longer.)
If you are truly single, and are being petitioned as single,
but entered a date of marriage on your child's birth certificate,
you must be able to present appropriate evidence and documentation
to the Embassy to prove that you were truly single, and the
date of marriage on your child's birth certificate is incorrect.
Under no circumstance should you manufacture or simulate a birth
certificate for your child, listing the child as illegitimate,
and then having that simulated birth certificate "late registeredÓ.
Giving fake documents to try to conceal information could be
ground 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".
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. 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.
However, if you are legitimately entitled to immigration benefits,
but your case looks suspicious, 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 or INS, so that any questions, concerns,
or suspicion will be properly explained. This way, you may be
able to avoid delays, investigations, or possible denials of your
visa.
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