Avoiding problems with your case – Part 2

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

4. "Date of marriage" appears on child’s birth certificate, where the parent under petition claims to be "single".

Some children are born illegitimate. But 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 US 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 (F-2B), the marriage would void the petition. If they are being petitioned by a US citizen parent (F-1), the wait for a visa would be much longer.)

If you are truly single, and are being petitioned as single, but put 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 (from Recto Street), listing the child as illegitimate, and then having that simulated birth certificate "late registered". Giving fake documents to try to conceal information could be grounds 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".

5. Late-registered birth certificates

When children are born, births are ordinarily promptly registered with the Local Civil Registrar (LCR) and the National Statistics Office (NSO). If you submit a late-registered birth certificate (especially if registered many years after a child’s birth) the Embassy or USCIS may require an explanation as to why the birth certificate was registered "late." Sometimes, people submit late registered birth certificates when they want to hide a marriage of the parents (as birth certificates include information on the parents’ date of marriage), an out-of-wedlock birth, or the true date of a child’s birth (i.e. over 21 years old). Other times, people in the provinces or barrios just don’t have the time or money to go to the cities or towns where the Local Civil Registrars are located, to register the birth.

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. 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 immigrant 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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