In a previous article, a reader, who was scheduled for his visa interview, asked about some of the things which could trigger suspicions or investigations by the Embassy, and how a person could best avoid having his case looked upon with suspicion. This article discusses more suspicious situations.
If you can avoid these situations and/or can offer proper and truthful explanations to the Embassy, then the Embassy may be satisfied about your case:
6. A person obtains a green card as "single with no children," but after obtaining a green card, petitions a spouse and grown-up children. If a person, at the time he or she was processed for a visa, claimed to be single with no children, but, after obtaining a green card, makes an "about face" and petitions a spouse and/or grown-up child, the Embassy will wonder where this instant family suddenly came from (i.e. a person obtains a green card, claiming he or she is single with no children, but four years later, he or she suddenly has a 15-year-old child being processed for a visa). In such a case, the Embassy will wonder why, four years earlier, the person had "no children", and now he or she suddenly has a 15-year-old child.
7. A person claims required documents were lost or damaged due to disasters In some cases, when the Embassy asks for documents or pictures, the person claims the documents (such as birth or marriage certificates) or pictures were destroyed by a natural disaster, even though the person had never lived, visited or ever been near the place where the alleged volcanic eruption or flood occurred. Or the Embassy could be concerned when a person claims important documents or family pictures were destroyed by other types of natural disasters, such as fire, flood, etc.
In one case I know of, the Embassy became suspicious as to whether the spouse of the primary beneficiary was really the spouse. The Embassy asked for wedding pictures, but the family claimed that their family pictures were destroyed by flood. But the Embassy still wanted proof. Ultimately, the family produced a wallet sized photo that showed the "bride," but it was a different groom. So, the case was put under investigation, because of suspicions that this was an imposter wife.
8. Is the petitioner still alive? Under immigration law, a petition dies with the petitioner. In some situations, where a petitioner dies, the children may report 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, under new immigration laws, the petitioner must submit a notarized affidavit of support in all family-based petitions, even if the petitioner is retired or poor, or if there will be a co-sponsor. Obviously, if the petitioner has died, he could not submit a currently notarized affidavit of support.
9. Did the parent become a US Citizen? For adult single children from the Philippines, a petition by a US citizen parent, takes much longer to process than a petition filed by a green card holder parent. In other words, it takes longer for a US citizen (of Filipino descent) to petition an adult child than it does for a Filipino green card holder. 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 US 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 that the parent is still a green card holder, and not a US citizen.
10. "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 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 US citizen), the date of marriage appearing on their child's birth certificate could create suspicions by the Embassy 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, as only US citizen parents can petition married children. However, if they are being petitioned by a US citizen parent, the wait for a visa would be somewhat longer.)
If you are truly single, and are being petitioned as single, but there is a date of marriage on your child's birth certificate, you should make sure that you can present appropriate evidence and documentation to the Embassy to prove that you truly were single, and the date of marriage on your child's birth certificate is incorrect. Under no circumstance should you buy and register a manufactured birth certificate for your child, listing the child as illegitimate. Instead, you should explain the discrepancy (of the date of marriage appearing on the child's birth certificate) rather than trying to hide it or give fake documents. Giving fake documents to try to conceal information could be grounds 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".
In conclusion, if you are not entitled to an immigration benefit and hope to "get away with it", you should be aware that the Embassy is very wise to the above circumstances, and many more. If you are not entitled to an immigration benefit, you are simply wasting your time, the time of the US Embassy, and the time of people who are legitimately eligible for visas, if you apply.
However, if you are legitimately entitled to immigration benefits, but your case looks suspicious (although it is truly legitimate), you should consider the assistance of an attorney who can analyze your case and properly gather the necessary documents and make a proper representation in your behalf to the Embassy, so that any questions, concerns, or suspicion will be properly explained. This way, you could possibly avoid delays, investigations, or possible denials of your visa.
Michael J. Gurfinkel has been an attorney for 20 years. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also a member of the American Immigration Lawyers Association and the Immigration Section of the Los Angeles County Bar Association.
His offices are located at 219 North Brand Boulevard, Glendale, California, 91203 Telephone: (818) 543-5800. His Makati office is located at Heart Tower, Unit 701, 108 Valero Street, Salcedo Village, Makati, Philippines; Telephone: 894-0258 or 894-0239.
(This is for informational purposes only, and reflects the firm's opinions and views on general issues. No prediction, warranty or guarantee can be made about the results of any case. Should you need or want legal advice, you should consult with and retain counsel of your own choice.)