Readers’ Q and A

This week I’d like to share a few questions sent out by our loyal readers.

Q1: My child was born in the Philippines. We live here in Cebu while her father, a US citizen, is based in California. I heard that since his father is an American, my child is also an American citizen. How can I claim citizenship for my child?

A1: First you have to report your child’s birth to the US Consulate. This is accomplished through a process called Consular Report of Child Abroad. The American Citizen Services section of the American Consulate is a good resource for any questions you may have for this process, including any inquiries for citizenship and passport applications. The CRBA has a lot of requirements that must be submitted. Make sure that you take your time and be meticulous in preparing the paperwork as there are supporting documents that have to be prepared and secured from both countries.

Q2: I have a friend who was interviewed at the consulate for an immigrant petition filed by his wife. He was denied an immigrant visa because of a prior arrest in the Philippines. He was asked to submit a waiver. Does he need to have a lawyer to file for a waiver?

A2: Waivers are generally a very challenging and tedious process. For that reason, most of the time, I advise my clients to file a waiver with the assistance of an immigration attorney. Depending on the grounds for the waiver, there must be a strong documentation to overcome a denial. You will need affidavits, medical records, personal documents, research materials, and other pertinent materials.

A good and experienced immigration attorney will help you navigate through this process, advise you what documents to prepare and prepare a very comprehensive summary why your waiver should be granted. Waivers are one of those cases that you don’t want to prepare haphazardly. It is very labor-intensive which explains the fact the waivers can get very expensive.

Q3: Is there a way that my interview appointment at the consulate be expedited?

A3: The Consulate does not routinely grant an expedited appointment interview unless in more emergent circumstances. These circumstances could be death, medical emergency and other more pressing matters that require your immediate presence in the US.

Q4: I am petitioning my father. Can my brother who is 12 years old, derive any benefits I filed for my father?

A4: Under the immediate relative visa classification, the answer is no. Your brother cannot derive any direct benefit to your father getting a greencard. In this case, a derivative beneficiary, the son, shall have to wait until the father files a separate petition form for him.