IMMIGRATION GUIDE (2)
Of the ten most common grounds for denying a visa to an alien relative, the number one is: “You have no petitionable relationship with the petitioner.” This means that the alien failed to establish during the visa interview at the U.S. Consulate that there is a valid or bona fide (good faith) relationship with the petitioner. Petition for spouse Most spousal visa denials occur among couples who have no children, or are newly married, or there is a big age difference. The marriage appears valid on paper because there is a marriage contract. But during the visa interview, a well-trained consul can easily determine if it is a marriage in name only and is intended solely for immigration purposes. This is called a “sham marriage”. The consul who is suspicious will generally refer the alien to the Fraud Prevention Unit (FPU). The employees there, mostly Filipinos, will grill the alien spouse for hours. They are determined to prove that the marriage is a sham marriage. They ask leading questions – that is, questions that suggest the answer that they like. For example, so you married your husband so you can go to the U.S.? If the alien answers “Yes” as the investigators hope she will, they will conclude that the marriage is sham and recommend that the visa application be denied. The poor wife might have misunderstood the question to mean that by marrying her husband, she could go to the U.S., since that is the consequence of marrying a U.S. citizen, although that was not her motive in marrying her husband. If the alien had replied: “I married my husband because I love him,” she might have been saved. Unfortunately for these alien wives, they refuse to say the magic words “Because I love him” (See our article, “Just say I love him,” stupid.). One alien whose husband was over 80 years old while she was in her 50’s was asked by an FPU employee: “Bakit mo pinakasalan ang matanda? Hindi na tatayo.” (Why did you marry an old man? He can no longer have an erection.) She insisted: “Puwede pa.” (He still can.). The interviewer riposted: “Huwag mong sasabihin sa akin yan. Alam ko. Lalaki ako.” (Do not tell me that. I know. I am a man.”) Most, if not all, who have undergone the FPU grilling have been denied visas. Other alien spouses could not present documents or other evidence showing that there was a genuine marriage (See our article “Ten Commandments to Show Your Marriage is Genuine). They do not have a picture with the spouse, except the wedding picture; other than the marriage contract, they do not have a document showing their names together (letters addressed to them as “Mr. and Mrs.,” bank accounts, insurance policies with the other as beneficiary, love letters, etc.). Many could not prove that there was a courtship and that there was an ongoing romantic relationship before they got married. One woman married her husband less than ten days after they met. I told her that her husband must be a better lover than Marcos, because it took Marcos eleven days to win and marry Imelda. Several spouses do not know personal and family information about the petitioner, such as where he lives, his means of livelihood, whether he was divorced, the number of brothers and sisters, number of children, names of parents, etc. At least one was a bigamist. She had an existing marriage when she married the petitioner. The consul confronted her with her first marriage contract sent by the National Statistics Office. She meekly acknowledged that she had “forgotten” about it. Petitions for children Consular authorities know of the Filipino penchant for “pahabol” or “palusot”, and that the child being petitioned might not really be a child of the petitioner. Petitions for children with birth certificates marked “delayed registration” are a problem. The consul will want to know why the registration was delayed. He will ask for proof of a bona fide relationship – baptismal certificate, pictures, school records, family records, financial support documents, letters, etc. In some cases, the child involved is an illegitimate child of the petitioner’s daughter. They placed the petitioner’s name as the mother of the illegitimate child to hide the shame of the petitioner’s daughter. If there is a big difference between the age of the child being petitioned and the child immediately older than he or she is, say over ten years, the consul will be suspicious. If the petitioner is 50 or over and the child is one year old, the consul will be doubly suspicious and will ask for DNA testing. If the petitioner bluffs and submits to DNA testing and fails, the petitioner could be charged with aiding and abetting an alien to enter the U.S. in violation of immigration laws. Petitioning for illegitimate children raises many problems. Did the petitioner include the child in his visa application? If not, why not? Did the petitioner tell the immigration officer at the port of entry that he had illegitimate children when asked if he had any children? If not, why not? What evidence can the petitioner’s alleged illegitimate child show the consul to prove a bona fide relationship with the petitioner? Can the beneficiary show a birth certificate with the petitioner’s name as the father? Are there any pictures, school records, receipts for remittances sent to the child for support? In one case, a child who claimed that he was a legitimate child of the petitioner did not know personal circumstances about the petitioning mother – where she lived, what she did, etc. He did not even know why the mother had a different surname than his. (The mother had become a widow and had remarried). Petition for a father There can be a problem when a child petitions for a father. This is especially true where the father’s name does not appear in the child’s birth certificate, or the child is illegitimate, or there are no or very infrequent communications between them, or there are no pictures of the two. What can be done There is only one thing that can be done to establish a petitionable relationship. Where the case is alanganin (doubtful or risky), and you really love or at least care for your relative, hire an honest and excellent lawyer before the visa interview. He can tell you what documents are needed to establish a bona fide relationship. He can also prepare and practice your beneficiary for the interview. If it is your wife that is involved and you want to protect her, you can ask your lawyer to appear with her at the interview. The Consul and the FPU are not going to grill and insult your wife in the presence of the lawyer. And she will have a better chance of getting a visa. (Atty. Tipon holds a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from U.P. He is from Laoag City. He practices law and writes law books. He served as an officer of the former INS. Office: 905 Umi St., Suite 201, Honolulu, HI 96819. Tel. (808) 847-1601. E-mail: filamlaw@yahoo.com. Website: www.ImmigrationServicesUSA.com. This article is for general information only and is not intended as legal advice)
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