(Part 3 of 3)
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:
8. A woman claims to be single with no children. But a medical exam discloses a history of pregnancies and deliveries.
If a woman is being petitioned as an "unmarried" daughter and claims never to have given birth, but a medical examination shows that the woman gave birth, this creates the suspicion that the woman is really married, and she is trying to conceal the birth, and birth certificate of her child, which would disclose her marital status. If the visa she is applying for requires her to be single, the Embassy or USCIS would definitely want to investigate and track down this phantom "birth" before issuing her a visa (to make sure she is single). (Please note that having illegitimate children would not void or affect the "single" status of the parent.)
9. A person obtains a green card as "single with no children," but after obtaining a green card, immediately petitions a spouse and 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 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 or USCIS will wonder why, four years earlier, the person had "no children", and now he or she suddenly has a 15-year-old child.
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.
WEBSITE: www.gurfinkel.com
Call Toll Free to schedule a consultation for anywhere in the US: 1- (866)—GURFINKEL
Four offices to serve you: LOS ANGELES · SAN FRANCISCO · NEW YORK · PHILIPPINES
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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.
( Published on January 16, 2009 in Asian Journal Northern California p. B3 )
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