HOW TO AVOID PROBLEMS WITH YOUR CASE (Part 1)

By Michael J. Gurfinkel, Esq.

There are some situations, which can create problems or suspicion about a person’s eligibility for a visa, and could possibly trigger an investigation, causing weeks, months, or even several years, of delay. This article discusses some of the more common situations, which could help you avoid problems with your case.

1. Is Your Petitioner Still Alive?

Under immigration law, when a petitioner dies, so does the petition. In some situations, even when a petitioner dies, the children may still try 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 if there is a co-sponsor). So, if the petitioner is dead, he won’t be able to submit the affidavit of support. (Note: The law does allow in some cases for a co-sponsor to submit an affidavit of support if the petitioner dies and humanitarian revalidation is granted.)

2. Do You Really Have 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 Street and buy diplomas or letters of experience. The Embassy knows about the Recto diploma mill, and will authenticate diplomas and/or letters of experience.

3. "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 refused 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 USCIS 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 USCIS, 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.