OPINIONS / COLUMNS (July 28 – August 3, 2008) Immigration Guide Atty. Emmanuel S. Tipon How late bloomer can bring young wife to America without really trying “No hay mas grande loco que el viejo loco.” (There is no bigger fool than an old fool.) - Spanish proverb. A “late bloomer” is a person who does not discover his talents and abilities until later than normally expected. The term “late bloomer” is also used to refer to individuals who lose their virginity at an age that is considered advanced for the society in which they live. Wikipedia. Sometimes the term “late bloomer” is used to describe a person who marries much later than usual. For a fistful of dollars, a late bloomer can bring a young wife to America without really trying if he lets a competent attorney with imagination and a successful track record do it for him, instead of trying to do it himself or with an immigration herbolario. The late bloomer should hire the attorney before marrying the woman. If he hires an attorney after the consul has denied her a visa for failure to establish that the marriage is genuine, he might have to spend what a slightly used (okay pre-owned) BMW costs. Hawaii’s late bloomers Hawaii abounds in late bloomers. Septuagenarians and octogenarians have been flocking to the Philippines to marry women young enough to be their daughter or even granddaughter. Hawaii’s senior U.S. senator, 83, recently married a 50 something. His bride is a U.S. citizen so there are no immigration issues. There is something about young women. This is not the place to tell you about the pleasures of being with them. Suffice it to say that you will become young too—via osmosis. Que horror if the young woman becomes a victim of reverse osmosis. Na feel mo and napilco An Ilocano octogenarian married a 30 something. During their honeymoon, the groom whispered: “Na feel mo, honey.” (Did you feel it, honey.) The unsatisfied wife complained: “Napilco” (It is bent.) Obsessed with sex Many of these late bloomers have encountered difficulties in obtaining visas for their young wives. U.S. consular employees in Manila, particularly the Filipinos in the Fraud Prevention Unit (FPU), seem obsessed with sex. They grill these young women for hours and sometimes days trying to elicit facts about their sex lives and deride the sexual abilities of their husbands. Then they deny them visas believing that an old man can no longer perform his marital duties and make the woman enjoy. They apparently think that the only way to make a woman enjoy marriage is by having sex. Of course, they will not write that in their denial. They will simply state: “You have not established a petitionable relationship.” If only these late bloomers hired a competent attorney earlier, their wife would be spared these indignities. Case number 1 An FPU employee grilled a 50 something woman who was applying for a visa. She was petitioned by an octogenarian. Here is the colloquy: “Bakit mo pinakasalan yan. Parang tatay mo. (Why did you marry him. He is old enough to be your father.) “Mabait siya. (He is good.) “Hindi na puede.”(He can no longer perform.) “Puede pa. (He still can.) “Huwag mong sasabihin yan. Lalaki ako. Alam ko. (Do not say that, I am a man. I know). The husband sought our help. We successfully overturned the denial. She is now in the U.S. We submitted a plethora of documents to show that their marriage was genuine. The key was a doctor’s certification that he had no physical impediment that would prevent him from performing sex. We went to Manila to talk with the consul. Case number 2 A 34-year old woman married a 79 year old man. After being interrogated by the FPU, she was denied a visa. Here is the Q & A. “Malakas pa bang mag sex ang asawa mo? (Is your husband still vigorous engaging in sex?) “Malakas pa.” (He is still strong.) “Hindi ako naniniwala.” (I do not believe it.) The husband asked us for help. We again successfully obtained a reversal of the denial. We advised them to have a child via in vitro fertilization. A doctor said it costs P1,200,000.00 (about $25,000). We believe that the key to winning this case was the doctor’s certification of the couple’s visit and his proposed fee. We submitted documents more than three inches thick to establish the genuineness of their marriage Documentary evidence The documents to establish that a marriage is genuine should include (1) affidavits, (2) pictures, (3) financial records, (4) joint income tax returns, (5) joint ownership or joint rental agreement for residence, (6) letters, (7) telephone records, (8) passport and airline tickets showing visits by the husband, and (9) other documents that normally a husband and wife should have. Aggressive lawyering The lawyer must request the transcript of the interview. If they do not produce it, he must file a Freedom of Information Act request. If the documents are not produced quickly, he must tell them that he will sue. (Atty. Tipon has won all deportation cases he handled and obtained approval of all visa petitions he filed. He is from Laoag City and Magsingal, Ilocos Sur. He has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. He served as an Immigration Officer. He is co-author of “Immigration Law Service,” an 8-volume practice guide for immigration officers and lawyers. Office: 905 Umi St. corner N. King, Suite 201, Honolulu, Hawaii 96819. Tel. (808) 847 1601. Fax (808) 847 1624. E-Mail: filamlaw@yahoo.com. Website: www.ImmigrationServicesUSA.com. Listen to the most interesting and humorous radio program on Hawaii radio KNDI 1270 every Friday 7:30-8:00 AM. This article is a general overview of the subject matter discussed and is not intended as legal advice.) Ilocos Times copyright 2008 Back to top

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