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IS YOUR CASE SUSPICIOUS (Part 2)
by Michael J. Gurfinkel, Esq.
In a previous article, I discussed some items which
could be viewed by the Embassy or INS as being suspicious, trigger
delays, and possibly result in investigation or administrative
review. Here are more items:
1. Late-registered birth certificates
When children are born, births are ordinarily 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." Sometimes, 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.
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,
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, or 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, 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.
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 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.
5. 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.)
6. 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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