 
ATTY. GURFINKEL REUNITES FAMILY AFTER EMBASSY SUSPICIONS OF "ALIEN
SMUGGLING"
MotherŐs Empty Nest Finally Filled With Joy
Federico Alarcon and his son, Sigvard, in a 1996
photo, when they were stranded in Manila. Sigvard's late-registered
birth certificate, and amended baptismal records created suspicion
at the Embassy that Sigvard was not Federico's real son. Through
the legal expertise of Atty. Michael Gurfinkel who proved to the
Embassy that Sigvard was Federico's child, the father and son
were granted greencards. The family celebrated Christmas together
in the US last December '99, for the first time in 11 years
Soraya counted with great anticipation the
days leading to her husband and childŐs Embassy interview. After
10 years of her family living apart, she felt she would finally
be under one roof with her husband, Federico, and son, Sigvard,
along with their two other U.S. born children.
But her excitement turned to sadness, when the
U.S. Embassy refused to issue visas to Federico and Sigvard because
of doubts created by SigvardŐs birth certificate, which was registered
10 years after his birth.
The Embassy had to be sure about the relationship
between the petitioner and the beneficiary, and late-registered
birth certificates create the suspicion that this may not be a
personŐs child. Consequently, unless Federico and Soraya were
able to prove that Sigvard was their child, Federico not only
faced a visa denial, but also a possible lifetime ban from entering
the United States for fraud and alien smuggling. Even Soraya faced
a possible revocation of her green card and deportation to the
Philippines, because of "alien smuggling".
Federico and SorayaŐs story reads like an emotion-packed
telesine love story. Federico and Soraya fell in love when they
were young, but SorayaŐs mother never approved of the relationship.
Soraya got pregnant before they could get married, and when SorayaŐs
strict mother learned about it, the mother did everything to conceal
SorayaŐs pregnancy, and the embarrassment that pregnancy out of
wedlock would bring to her and her familyŐs reputation.
A "hilot" or midwife delivered SorayaŐs
child in her classmateŐs house. SorayaŐs mother made sure that
the birth was not registered, so that "nobody would know
about it."
And so, SigvardŐs birth was not registered. He was
baptized in a Catholic Church, without the fatherŐs name on the
baptismal certificate. In addition, SorayaŐs mother did not allow
Federico to go near Sigvard.
In April 1990, Soraya decided to immigrate to the
United States as a registered nurse. Federico, who was a medical
technologist, followed four years later in 1994 on a visitorŐs
visa, leaving Sigvard behind. They got married and had two more
children in the United States.
Fearing a 10-year ban under new immigration laws
(because he overstayed in the U.S.), Federico went back to the
Philippines in 1997 (on the advice of a New York-based attorney),
in order to be processed for a visa at the Embassy.
Since his mother-in-law died in 1996, Federico
was finally able to be reunited with his son Sigvard. Federico
thereafter registered SigvardŐs birth, with FedericoŐs name listed
as the father, and amended SigvardŐs baptismal certificate, to
finally list himself as the father. And so Federico waited for
SorayaŐs petition.
Soraya also flew back to the Philippines, to leave
her two younger children with Federico to enable her to work as
a nurse in the United States. She would fly back and forth to
the Philippines to visit her family, even very briefly, while
waiting for FedericoŐs petition.
Federico and Soraya were hoping that there would
be no problem with Sigvard because of his late-registered birth
certificate and amended baptismal certificate. They submitted
all the documents, without the help of an attorney, thinking it
was so simple anyway. After all, Federico was the real father
of Sigvard.
Obviously, it was not that simple. The Embassy got
suspicious because of the late-registered birth certificate and
the revised baptismal certificate. The Embassy asked for baby
photographs with Federico, to prove the father-son relationship
between Federico and Sigvard, but they could not produce any photos,
because Federico never had the chance to be with Sigvard because
of the strict orders of SorayaŐs mother. Neither was Federico
listed in any school records, doctorŐs records, and all letters
from Federico to the son were burned by SorayaŐs mother.
Soraya was already feeling hopeless. Was her motherŐs
curse haunting her even after her death?
Hope came back to Soraya after she contacted Atty.
Gurfinkel. Although not guaranteeing success, Atty. Gurfinkel
promised to do everything he could to get Federico and Sigvard
visas, and reunite the family.
Atty. Gurfinkel and his staff in the Philippines
and in the United States immediately gathered key documents and
evidence to prove that Federico was SigvardŐs biological father,
and that he was not able to play his role as father only because
of circumstances beyond his control.
During this time, Sigvard asked Atty. Gurfinkel
a simple request: to spend his 12th birthday in the United States
with his mother. The last (and only other) birthday he spent with
Soraya was when he was only 5 years old.
Using his vast experience and his persuasive ability,
Atty. Gurfinkel was able to gather appropriate evidence and documents,
and with a convincing presentation, satisfied the Embassy that
Sigvard was indeed FedericoŐs biological son, despite the suspicious
late registered birth certificate, and even without pictures,
without school records, and letters.
Thanks to Atty. Michael J. Gurfinkel, Sigvard got
his "birthday" wish. Not only did he spend his birthday
with his mother after many long years of waiting, but the family
spent its first Christmas all together in America under the same
roof. The last time Sigvard spent Christmas with his mother was
in December 1989, in the Philippines.
"I am very thankful that Atty.
Gurfinkel was able to help us be reunited in the United States,"
Soraya said. "He is really a miracle worker. I thought I
would never get my family in the U.S. He gave us hope when we
thought there was none. Now, I finally have my wish: a complete
and happy family in the U.S.
back
|
