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IS YOUR CASE SUSPICIOUS? (Part 1)
by Michael J. Gurfinkel, Esq.
There are some situations which usually raise the
Embassy or INS' suspicions about a person's eligibility for a
visa, and could possibly trigger an investigation, causing weeks
or months, or even several years, of delay. This article discusses
some more suspicious situations.
1. 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 trying to 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. (Note: a new law could allow
a co-sponsor if a petitioner dies and humanitarian revalidation
is granted.
2. Did The Parent Become A U.S. Citizen? It takes longer for a
U.S. citizen (of
Filipino descent) to petition a single 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.
3. 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.
4. "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 face or 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 registered". 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 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. However,
if you are legitimately entitled to immigration benefits, but
your case looks suspicious, you should consider the assistance
of a reputable 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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