TITANIC PROBLEMS COULD SINK YOUR IMMIGRATION CASE
by Michael J. Gurfinkel

Almost everyone has seen the movie “Titanic”-- the story of Jack and Rose, who were on board an “unsinkable” ship, which tragically hit an iceberg and sank. In many ways, some people’s immigration situations are just like the Titanic, only worse: they already know their case is headed towards an iceberg, but adamantly refuse to change course or get on a lifeboat. Instead, they remain on board, until their hopes and dreams come to an abrupt end. Let me give you a few examples of this “ Titanic mentality”:

“Adoption” Titanic

Some people have a “given child”, either from a relative (like a niece, nephew, or grandchild), or the child was simply left at their door step. They may have raised the child since birth, and considered this child to be as the same as their own flesh and blood. Yet they never bother to legally adopt the child in court. Instead, they would use a “short cut” and list themselves as the biological parents, on late registered birth certificates. They may then try to petition the child directly, or include the child under their own petition.

Ultimately, they hit the “iceberg” at the Embassy or at USCIS, when the consul or officer suspects that he or she is not their biological child, and DNA testing is suggested. By now, the child may already be over sixteen years of age, and thus past the age for adoption. Since the child was never legally adopted in court, the case may be denied, and the parent could be possibly blacklisted for “alien smuggling”. So, rather than “changing course” when they had time to do so, and legally adopt the child in court, they chose to remain on their Titanic, convinced that their case will never hit an iceberg. Unfortunately, it did.

“Titanic” Termination of Marriage

A person may have been married in the Philippines, but once in the U.S., he or she meets and falls in love with a U.S Citizen. Rather than simply divorcing the first spouse, they steer their case straight to an iceberg, by either marrying the citizen without divorcing the first spouse, (probably assuming that because they have been separated from (and have not seen) the first spouse in many years, they are “automatically” single, and no court decree is needed) or, availing of a “quick” Las Vegas divorce, without lawfully satisfying Nevada’s residency requirements.

When the time comes for their spousal interview, the case may be under investigation, and the first marriage is discovered. The sad part is that there were so many opportunities, and plenty of time, to simply change course, and legally terminate the first marriage. But, the person remained on their “Titanic”, refusing to change course, and instead convince (or fooled) themselves that they are “magically” single, without the need to annul a first marriage.

There are many other situations where a person’s case is headed for disaster, and the person knows it! But he refuses to change course, by not complying with the rules and laws. Their case heads straight to an iceberg of denial.

My advice is that if you are not complying with immigration laws (but instead are relying on your own misconceptions or misinformation), your case will eventually hit an iceberg and sink. That is why I suggest you seek the advice of a reputable attorney, who could possibly help you avoid the iceberg of denial or get you into a lifeboat.

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