IMMIGRATION GUIDE
Atty. Emmanuel Samonte Tipon
CONTENTS:
TEN COMMANDMENTS
IN FILING IMMIGRATION FORMS
TO OBTAIN APPROVAL
TEN COMMANDMENTS ON HOW TO BRING YOUR SWEETHEART TO AMERICA
TEN COMMANDMENTS ON HOW TO BRING YOUR ILLEGITIMATE CHILD TO AMERICA
TEN COMMANDMENTS ON HOW TO RESURRECT A DEAD PETITIONER’S PETITION
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TEN COMMANDMENTS
IN FILING IMMIGRATION FORMS
TO OBTAIN APPROVAL
1. Use the correct forms. Most petitions require more than one form. For example, a petition for an alien spouse requires Form I-130 & G 325A.
2. Read the instructions on the forms. Be sure that the petitioner and the beneficiary are eligible for the benefit sought.
3. Type or print all answers. Answer all questions fully and accurately. Fill up all blanks. Write “Not Applicable’ or “None” on the blank whichever is appropriate. Attach a continuation sheet if the space is not sufficient. Write an explanation on a separate sheet if an answer appears unclear or unusual or if there are discrepancies in the supporting documents.
4. Sign and write the date on the forms.
5. Attach all required supporting documents and photographs.
6. Attach a check or money order with the correct amount of filing fees.
7. Attach a cover letter stating the immigration benefit sought and listing the supporting documents.
8. Assemble the forms, fees, and supporting documents in proper sequence. Use staples or paper fasteners.
9. Make photocopies of all forms and documents for your own files.
10. Send to the proper immigration office.
AND MOST IMPORTANT OF ALL, PRAY THAT YOU WILL SELECT THE BEST LAWYER TO HELP YOU
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TEN COMMANDMENTS ON HOW TO BRING YOUR SWEETHEART TO AMERICA
1. Read instructions and fill up Petition for Alien Fiance/Fiancee, USCIS Form I-129F.
2. Submit Biographic Information, USCIS Form G325A, of U.S. citizen petitioner, and of alien fiance/fiancee, with 1 photo in accordance with specifications in USCIS Form M-378 [See Item 6 of Instructions].
3. Submit Certificate of Live Birth or Naturalization Certificate of U.S. citizen petitioner.
4. Submit U.S. Passport of U.S. citizen petitioner (Photocopies of all pages containing data).
5. Submit photocopy of Certificate of Live Birth of alien fiance/fiancee and children (if any)
6. Submit documents showing termination of all prior marriages of both parties, such as divorce decree with, or death certificate of, prior spouse (if applicable)
7. Submit written statement of U.S. citizen petitioner, indicating date, place, and circumstances of meeting with alien fiance/fiancee, courtship, dating, wedding plans, wedding arrangements, and other details showing bona fide fiance/fiancee relationship.
8. Submit pictures of U.S. citizen petitioner and alien fiance/fiancee taken within 2 years before filing the I-129F petition, with a caption showing the date when and place where taken and names of persons in the pictures, and other documentary evidence showing communications and courtship of parties, and mutual intent to get married, such as, telephone bills, letters, cards, tickets to public functions, receipts, joint bank accounts, etc.
9. Enclose a check or money order covering the filing fee of $ 165.00. (Check with USCIS for latest amount)
10. File with the proper USCIS Service Center, with covering letter.
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TEN COMMANDMENTS ON HOW TO BRING YOUR ILLEGITIMATE CHILD TO AMERICA
By Atty. Emmanuel Samonte Tipon
A child’s natural father or mother who is a U.S. citizen or lawful permanent resident of the U.S. may, under proper circumstances, file a petition on behalf of an illegitimate child (sometimes called “love child” or “child born out of wedlock”) under 21 years of age, or an illegitimate son or daughter over 21 years of age, for preference classification under Immigration and Nationality Act by following these 10 commandments.
1.Fill up, write the date, and sign USCIS Form I-130 (Petition for Alien Relative)
2. Submit petitioner’s U.S. birth certificate, naturalization certificate, certificate of citizenship, or Lawful Permanent Resident (LPR) card, as appropriate.
3. Submit the child’s birth certificate showing petitioner as the father or mother of the child.
4. If the petitioner is the child’s natural father, submit a document or other evidence (such as a DNA test) showing that the petitioner is the natural father of the child.
5. If the petitioner is the child’s natural father, submit documents contemporaneous with the events in question showing that a bona fide father-child relationship was established when the child was unmarried and under 21 years of age; that the father has demonstrated an active concern for the child’s support, instruction, and general welfare; that the father and child actually lived together or the father held the child out as his own; that the father provided for some or all of the child’s needs, or that in general the father’s behavior evidenced a genuine concern for the child, such as
a. Cancelled checks or receipts of money given by the father to the child.
b. Father’s income tax returns showing the child as a dependent.
c. Father’s medical records showing the child as his child.
d. Father’s insurance policy showing the child as a beneficiary.
e. School records showing petitioner as the child’s father.
f. Letters, greeting cards, telephone bills, email printouts and other communications between the father and child.
g. Pictures of the father and child
h. Other similar and relevant documents.
6. If the petitioner is the child’s natural father, submit a notarized affidavit of the father acknowledging the child as his illegitimate child, describing the circumstances under which the child came into being as his illegitimate child, stating facts indicating a parent-child relationship, and whether he has custody of the child.
7. If the petitioner is the child’s natural father, submit a notarized affidavit of the child’s mother acknowledging the child as her illegitimate child with the petitioner, describing the circumstances under which the child came into being as their illegitimate child, stating facts indicating a parent-child relationship, and whether she has custody of the child.
8. If the petitioner is the child’s natural father, submit notarized affidavits of relatives, friends, neighbors, school officials, or other associates stating facts showing that they personally know that there was a romantic relationship between the petitioning father and the child’s mother, that the illegitimate child is their child, and that there is a bona fide father and child relationship.
9. Write a check or buy a money order payable to the Department of Homeland Security, USCIS for the filing fee $ 185.
10. Mail all the forms, supporting documents, and fees to the USCIS Service Center with jurisdiction over petitioner’s residence.
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TEN COMMANDMENTS ON HOW TO RESURRECT A DEAD PETITIONER’S PETITION
1. Thou shall submit a certified copy of the petitioner’s death certificate (NCSO copy if the petitioner died in the Philippines) showing that the petitioner died after the approval of the petition.
2. Thou shall submit a copy of the Notice of Approval of the I-130 petition filed for the beneficiary.
3. Thou shall submit a copy of the beneficiary’s birth certificate (NCSO copy if the beneficiary was born in the Philippines).
4. Thou shall submit a copy of the beneficiary’s marriage certificate (NCSO copy if the beneficiary was married in the Philippines).
5. Thou shall submit evidence of the petitioner’s residency in the U.S. or abroad.
6. Thou shall submit a list of the parents, brothers, sisters, spouse and children of the beneficiary, their addresses, their relationship to the beneficiary, whether they are living or dead, and whether they are U.S. citizens or lawful permanent residents of the U.S.
7. Thou shall state if the beneficiary has another pending petition for his benefit other than the one previously filed by the deceased petitioner.
8. Thou shall state the reason why the request for reinstatement of the petition should be approved and why the disapproval of the request for reinstatement would lead to a harsh result contrary to the goal of family reunification.
9. Thou shall submit an Affidavit of Support signed by an eligible substitute sponsor who is related to the beneficiary as a spouse, parent, mother-in-law, father-in-law, sibling, child who is at least 18 years of age, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild of a sponsored alien, or a legal guardian of a sponsored alien, and thou must accompany the affidavit with the required supporting documents.
10. Thou shall submit evidence that the petitioner’s death occurred before, on, or after the date of the enactment of the “Family Sponsor Immigration Act of 2002” (P.L 107-150) on March 13, 2002, except that in the case of a death occurring before such date of enactment, (1) the sponsored alien (a) requests the Attorney General to reinstate the classification petition that was filed with respect to the alien by the deceased and approved under Section 204 of the Immigration and Nationality Act (18 U.S.C. 1154) before such death, and (b) demonstrates that he or she is able to satisfy the requirement of section 212(a)(4)(C)(ii) of such Act (18 U.S.C 1182(a)(4)(C)(ii) by reason of such amendments; and (2) thou must convince the Attorney General to reinstate such petition after making the determination described in section 213A(f)(5)(B)(ii) of such Act (as amended by subsection (a)(1) of the Family Sponsor Immigration Act of 2002 (P.L 107-150), relating to Recognition of Alternative Sponsor).
