Advice needed po... Salamat kabayan! (merged)

[patience-virtue 1]

Hello fellow VJ'ers, just needed to get some insights from you all about the dilemma that I am going through right now.

Let me give you a short background first about my family. When i was 12, a distant aunt passed away, she had a 3 year old daughter, and her husband abandoned them. With no one to take care of the baby, my parents stepped up and took her and now she became my little sister. She didn't have birth certificate at that time, as she was delivered by 'hilot' or local midwife at home. We were poor too, so the easiest and cheapest way to adopt her was just to file a late registration of birth being my parents as the mother and father.

Now, Im petitioning my mother (my father passed away last 2014), everything's going ok until the medical check up. My mother were asked on how many pregnancy she had, of course, on top of her head (being a little old) she answered 3, without including my adopted sister, now 19 years old. She was asked about it twice, once before they sealed and released the medical result, and she answered same thing, again without including my little sister.

So here comes the inconsistency, i filed all the paper works myself, included my little sister of course. I am too worried now that the consul will dig on it during the interview and i am not sure how my mother will answer the inconsistent info. Im afraid it will even affect the approval of her visa. Hope not, because no matter what, I am my mother's daughter.

Any insight about this, should we just explain this to the interview if they asked. She is my real sister, may be not by blood, but everything about her, paper works and all!

Thank you friends for your valuable opinion about this. Happy holidays y'all!

[patience-virtue 1]

Hello fellow VJ'ers, just needed to get some insights from you all about the dilemma that I am going through right now.

Let me give you a short background first about my family. When i was 12, a distant aunt passed away, she had a 3 year old daughter, and her husband abandoned them. With no one to take care of the baby, my parents stepped up and took her and now she became my little sister. She didn't have birth certificate at that time, as she was delivered by 'hilot' or local midwife at home. We were poor too, so the easiest and cheapest way to adopt her was just to file a late registration of birth being my parents as the mother and father.

Now, Im petitioning my mother (my father passed away last 2014), everything's going ok until the medical check up. My mother were asked on how many pregnancy she had, of course, on top of her head (being a little old) she answered 3, without including my adopted sister, now 19 years old. She was asked about it twice, once before they released the medical result, and she answered same thing, again without including my little sister.

So here comes the inconsistency, i filed all the paper works myself, included my little sister of course. I am too worried now that the consul will dig on it during the interview and i am not sure how my mother will answer the inconsistent info. Im afraid it will even affect the approval of her visa. Hope not, because no matter what, I am my mother's daughter.

Any insight about this, should we just explain this to the interview if they asked. She is my real sister, may be not by blood, but everything about her, paper works and all!

Salamat at Maligayang Pasko po!

[kenzo_gal 70]

Hello fellow VJ'ers, just needed to get some insights from you all about the dilemma that I am going through right now.

Let me give you a short background first about my family. When i was 12, a distant aunt passed away, she had a 3 year old daughter, and her husband abandoned them. With no one to take care of the baby, my parents stepped up and took her and now she became my little sister. She didn't have birth certificate at that time, as she was delivered by 'hilot' or local midwife at home. We were poor too, so the easiest and cheapest way to adopt her was just to file a late registration of birth being my parents as the mother and father.

Now, Im petitioning my mother (my father passed away last 2014), everything's going ok until the medical check up. My mother were asked on how many pregnancy she had, of course, on top of her head (being a little old) she answered 3, without including my adopted sister, now 19 years old. She was asked about it twice, once before they released the medical result, and she answered same thing, again without including my little sister.

So here comes the inconsistency, i filed all the paper works myself, included my little sister of course. I am too worried now that the consul will dig on it during the interview and i am not sure how my mother will answer the inconsistent info. Im afraid it will even affect the approval of her visa. Hope not, because no matter what, I am my mother's daughter.

Any insight about this, should we just explain this to the interview if they asked. She is my real sister, may be not by blood, but everything about her, paper works and all!

Salamat at Maligayang Pasko po!

I guess what your Mom can do if she will be questioned about the "inconsistency issue" with regards to how many children does she have, is to explain the real reason behind her answer during her medical exam. Meanwhile, when she was asked on how many pregnancies did she has, I believe her answer was rightfully correct knowing that she wasn't the biological mother of your sister (whom your family has adopted). Just make things clear with the consul during the interview. ? Edited December 23, 2015 by kenzo_gal

[Greenbaum 12,259]

Your mother did the right thing and that is, by default probably, she told the truth and that is she had 3 pregnancies. If they had asked her how many children she had she probably would have answered 4, which is true. So your mother has done nothing wrong so far, from what you have said.

Now for the interview, it's best that your mother waits for the CO to ask her the questions and she answer them truthfully. Never volunteer information as this can lead to more scrutiny, more questions and the likelihood of a denial.

Don't put added pressure on your mother. She is doing only what she knows. But, for your role keep coaching her as a daughter should.

Good luck to you and your mother. Please return and keep us up to date on how she does. Others could benefit from your input.

[patience-virtue 1]

Thanks kenzo_gal! I guess you're right that she answered true and correct about the number of pregnancies. Only, i am worried that we dont have any adoption paper to provide and it may be a problem when it is time to petition my sister. I was hoping, there's VJ'ers here with similar issue and how they dealt with it.

[patience-virtue 1]

Thank you Greenbaum! I plan to accompany my mother on her interview, so i will definitely update you here on how it goes.

[NikLR 13,227]

I suggest a good immigration lawyer for a consultation. This is a little beyond the realm of DIY.

[MacUK 983]

My mother were asked on how many pregnancy she had, of course, on top of her head (being a little old) she answered 3, without including my adopted sister, now 19 years old. She was asked about it twice, once before they sealed and released the medical result, and she answered same thing, again without including my little sister.

She told the truth, anything else would have been a lie.

I agree with the above poster. It may be time to get professional legal advice.

[Villanelle 4,122]

Yikes. This is a HUGE issue.

Im not trying to be mean here- just laying out some hard facts. The way you are writing this...well, you are downplaying it. You say 'the easiest and cheapest way to adopt her was just to file a late registration of birth being my parents as the mother and father.' Im not 100% sure of the laws in your country but I am pretty sure thats illegal. Sure it may have been cheap or easy but its still illegal. ' She is my real sister, may be not by blood, but everything about her, paper works and all!' Her fake paperwork you mean? A fake document is not valid- so its really not real.

Anyway- heres how it is. If your mother is approved she will then theoretically be able to petition for your sister. Your sister is not really eligible because the BC is fake. This falls into the category of alien smuggling believe it or not.

Please read the following taken from an attny website:

The Embassy takes a very strict position when it comes to alien smuggling. They believe that people who are entitled to visas, should get visas. But, people who are not entitled to visas, should not get visas. When the Embassy finds out that somebody is attempting to sneak a relative or other person into the U.S., the Embassy denies a visa not only to the person being smuggled, but also to the person who was under petition. In one case, a mother had been petitioned by her U.S. citizen daughter. The mother tried to list her nephew as a biological child in her biographic data. The Embassy found out and considered this to be alien smuggling and denied a visa to the citizen?s mother, on the grounds that she attempted to smuggle an alien. So, by attempting to list her nephew, the woman lost her own visa. Alien smuggling could even result in a lifetime ban from entering the U.S.

The bottom line is that the law allows only certain family members to be petitioned. If you try to sneak in friends or relatives who are not eligible for a visa, you could be guilty of alien smuggling. And, the stakes are very high. Not only will the person you are trying to smuggle be denied a visa, but your own eligibility for a visa could be at risk. (Under limited circumstances, waivers are available, but it is better not to take the risk.)

If you have already submitted paperwork to the USCIS or Embassy improperly listing or including ineligible persons (i.e. nephew, grandchild, given child who was never legally adopted, etc.), I would strongly recommend that you seek the advice of a reputable attorney who could analyze your situation and, hopefully, straighten things out, before it's too late. The stakes are very high. Don't have the attitude that, "I'll just give it a try. If the Embassy catches me, the worst that can happen is that the person I?m helping won't get the visa, but I?ll still get my visa." That is not the case. If you are caught, you could also lose your own eligibility for a visa!

Please contact an attny. They may be able to fix things. Here is another link from said attny referencing the case above and another one.

http://www.gurfinkel.com/imm_archive/2000/imm_2000_june_03.htm

[aaron2020 11,651]

Big mess.

You would be committing immigration fraud by submitting your sister's birth certificate which you know to contain false information that your parents are her real parents.

Regardless of the papers, she is not your sister. The papers have false information.

Sorry about your situation, but if a DNA test is ever asked for, you guys will be in big trouble.

Go talk to a competent immigration lawyer.

[Ontarkie 14,193]

~~Duplicate threads merged. Please only post one thread for the same or similar topic.~~

[TJMax 0]

Hi Patience

About your situation which is called BIRTH SIMULATION, is illegal and punishable by law. Please read my link below.

http://panaynewsphilippines.com/2014/08/25/birth-simulation-illegal-dswd-go-legal-adoption/

but.. dont be upset as there was a bill passed in congress. I just saw it now and hopefully it will become a law because some birth simulation are done in good faith.

http://www.philstar.com/metro/2015/06/11/1464518/house-oks-bill-granting-amnesty-simulated-birth-records

I hope these links will help you to find some answers and to consider talking to a lawyer.

God bless.

[TJMax 0]

Yikes. This is a HUGE issue.

Im not trying to be mean here- just laying out some hard facts. The way you are writing this...well, you are downplaying it. You say 'the easiest and cheapest way to adopt her was just to file a late registration of birth being my parents as the mother and father.' Im not 100% sure of the laws in your country but I am pretty sure thats illegal. Sure it may have been cheap or easy but its still illegal. ' She is my real sister, may be not by blood, but everything about her, paper works and all!' Her fake paperwork you mean? A fake document is not valid- so its really not real.

Anyway- heres how it is. If your mother is approved she will then theoretically be able to petition for your sister. Your sister is not really eligible because the BC is fake. This falls into the category of alien smuggling believe it or not.

Please read the following taken from an attny website:

The Embassy takes a very strict position when it comes to alien smuggling. They believe that people who are entitled to visas, should get visas. But, people who are not entitled to visas, should not get visas. When the Embassy finds out that somebody is attempting to sneak a relative or other person into the U.S., the Embassy denies a visa not only to the person being smuggled, but also to the person who was under petition. In one case, a mother had been petitioned by her U.S. citizen daughter. The mother tried to list her nephew as a biological child in her biographic data. The Embassy found out and considered this to be alien smuggling and denied a visa to the citizen?s mother, on the grounds that she attempted to smuggle an alien. So, by attempting to list her nephew, the woman lost her own visa. Alien smuggling could even result in a lifetime ban from entering the U.S.

The bottom line is that the law allows only certain family members to be petitioned. If you try to sneak in friends or relatives who are not eligible for a visa, you could be guilty of alien smuggling. And, the stakes are very high. Not only will the person you are trying to smuggle be denied a visa, but your own eligibility for a visa could be at risk. (Under limited circumstances, waivers are available, but it is better not to take the risk.)

If you have already submitted paperwork to the USCIS or Embassy improperly listing or including ineligible persons (i.e. nephew, grandchild, given child who was never legally adopted, etc.), I would strongly recommend that you seek the advice of a reputable attorney who could analyze your situation and, hopefully, straighten things out, before it's too late. The stakes are very high. Don't have the attitude that, "I'll just give it a try. If the Embassy catches me, the worst that can happen is that the person I?m helping won't get the visa, but I?ll still get my visa." That is not the case. If you are caught, you could also lose your own eligibility for a visa!

Please contact an attny. They may be able to fix things. Here is another link from said attny referencing the case above and another one.

http://www.gurfinkel.com/imm_archive/2000/imm_2000_june_03.htm

Good point but this does not apply to the OP as the little sister was "adopted" or "faked" the papers 16 years ago (adopted at 3, now 19 years old) obviously no intention of bringing the little to US as it was 16 years ago but still needs to straighten things up legally before petitioning her that is why OP needs to co sider consulting a lawyer.

[Villanelle 4,122]

Hmm I dont know- the article mentions a specific case- a USC attempted to petition her mother, they listed a child on the G325 bio data that didnt belong and the Embassy denied the visa citing alien smuggling. It doesnt specifically state if benefits were being asked for for the person on the G325 or not- but Im inclined to think it doesnt matter. If the mother is approved she can then turn around and petition for others in some cases- hence 'delayed' smuggling but smuggling none the less. I really do think the only option is for the OP to speak with an attny and find out if it is possible to retract the incorrect info that has already been provided.

"In one case, a mother had been petitioned by her U.S. citizen daughter. The mother tried to list her nephew as a biological child in her biographic data. The Embassy found out and considered this to be alien smuggling and denied a visa to the citizen?s mother, on the grounds that she attempted to smuggle an alien. So, by attempting to list her nephew, the woman lost her own visa. "