AVOIDING PROBLEMS WITH YOUR CASE -- Part 3

by Michael J. Gurfinkel, Esq.

In previous articles, I discussed some items which could be viewed by the Embassy or USCIS as being suspicious, triggering delays, and possibly resulting in investigation, administrative review, or denials. Here are more items:

While some children in the Philippines 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 could create suspicion by the Embassy or USCIS 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.

7. 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, a childless relative trying to avoid adoption proceedings, 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 USCIS 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 USCIS wants to make sure the child is not a grandchild or niece or nephew.   Claiming a child that is not really yours could constitute alien smuggling, resulting in the entire family being banned for life.

8. 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, DNA blood tests may also be requested.

If you are not entitled to an immigration benefit and hope to "get away with it", you should be aware that the Embassy and USCIS are very wise to the above circumstances, and many more. You would not be the first person to be involved in any of the above situations. These schemes 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, you should consider the assistance of an attorney who can analyze your case, gather the necessary documents, and prove your visa eligibility to the Embassy or USCIS, satisfying any questions, concerns, or suspicions. This way, you may be able to avoid delays, investigations, or possible denials of your case.

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