How to avoid 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, trigger delays, and could possibly result in investigation or administrative review. Here are more items, which could help you avoid problems and pitfalls:

Late-registered birth certificates

When children are born, births are ordinarily promptly registered with the Local Civil Registrar and the National Statistics Office. 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 Alate.@ 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), 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.

Midwife births

While some children are born at home with the assistance of a "hilot", most children are born in hospitals. If a child’s birth certificate shows that he or she was delivered at home by a midwife, this, again, could create suspicion by the Embassy or USCIS that the birth certificate was "manufactured" to conceal the real circumstances of the child’s birth, the parents’ marital status, the child’s age, and/or who the real parents are.

Age of mother when she gave birth

If a mother gave birth at a very late age, this could create the suspicion that she is not the biological mother, but, instead, the grandmother, etc. For example, if a birth certificate indicates that a mother was 55 years old at the time of delivery of her child, the Embassy or USCIS will undoubtedly question whether she truly is the mother, and may suggest that the mother and child undergo DNA blood tests to establish the parent-child relationship. The Embassy or USCIS wants to make sure the child is not a grandchild or niece or nephew.

Tremendous age difference among siblings

Sometimes, a couple will have several children, and then wait for 15 to 20 years before they have another child. This tremendous gap in their children’s ages could create suspicions that the last child may not be their biological child (i.e. the child may be "given" or their grandchild or the child of another family member). In such a case, blood tests may also be requested.

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. This is why even 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 gather the necessary documents and completely 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 visa.

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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein (including testimonials, "Success Stories", endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.

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( Published in January 9, 2009 in Asian Journal Northern California p. B3 )

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