Simulation of birth
One of the heartbreaking scenarios in immigration practice is to witness the hopes of family reunification being dashed because of some past mistakes that one never expects to haunt them. Take these two cases:
Linda and Jimmy have long wanted to have a child. After so many years of expensive but unsuccessful fertility treatments, they gave up and opted to adopt Jenny, the newborn daughter of Linda's househelp. However, in order to spare themselves the expenses of adoption proceeding, they somehow managed to place their names as Jenny's parents in the latter's birth certificate. They raised Jenny as their own child, loved and cared for her. Since they are her "parents" Jenny used their family name. In 2007, Jimmy and Linda found work in the US leaving Jenny in the Philippines. Soon after, Jenny was processed as a "following to join" relative. After gathering all the required documents and the medical examination, Jenny was interviewed by the consular officer at the US Embassy. As was a common routine, her answers to the immigrant visa application form was reviewed. However, the officer asked Jenny how old she was and how old Linda was. He then began to compute Linda's age at the time of Jenny's birth and he found out that it would have been biologically impossible for Linda to conceive and give birth to Jenny because based on his computation, Linda was already close to 50 years old at the time of Jenny's birth. The officer then requested for Linda and Jenny to undergo DNA testing in order to determine if indeed Jenny was Linda's daughter. Of course, since Jenny was obviously not Linda's biological daughter, they could not prove via DNA testing that they are related. They opted to just withdraw and cancel Jenny's immigrant visa application. Jenny until now remains in the Philippines separated from those she thought were her parents. To this day, Jenny does not even know that she is adopted.
Sheila came to the US as a registered nurse. She yearned for the day when her mother, Elisa, could join her in New York as she was already of advanced age, a widow, and has some physical ailments. When Sheila became a US citizen, she filed a petition for her mother, had it approved and was scheduled at the US Embassy for interview. Before the interview, Elisa underwent a medical examination at St. Luke's Extension Clinic. One of the questions in the health assessment form asked whether or not she had been pregnant before. Elisa answered "NONE" as she truly had never experienced pregnancy and childbirth. The truth is, Sheila was Elisa's niece and that because Elisa had no child, she and her then husband, "adopted" Sheila and allowed her to use their family name as they are the "parents" in Sheila's birth certificate. When confronted, Elisa admitted to Sheila that she was not her real biological mother. The immigrant visa application was withdrawn. Elisa still remains in the Philippines.
These two scenarios should serve a lesson to us all. That forging a document such as a birth certificate or claiming to be parents of a child, also known as simulation of birth, has very drastic consequences. Though it may not be seen at the time of the fakery yet, this illegal act can find its way to haunt you at the most unexpected way and at a crucial time of your life. Please do yourself and your adopted child a favor. Perhaps at some opportune point, you may want to tell the truth sooner rather than later.
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