Children of brother being sponsored

[kentfin 0]

Hello,

I married a Filipina and she arrived here about a year ago. During our courtship I found out that she had an uncle ,that is now an American citizen, had already filed for her father and his entire family including her 23 years ago. Now after so much time had passed we found out that her fathers interview in Thursday. While the petition was waiting to be processed the mother and father had an annulment and the father had another child with another woman but neither parent ever remarried.

My questions is do the children still qualify to travel with the father on the original petition since obviously all the children are now 23 years old or older, and can the other child that is now about 8 years old but not listed on the original petition travel with the father.

As far as I know the father will be attending the interview alone and no one is sure if any of his children will be able to travel with him. I would be greatly appreciated if someone could give us a little information on what he should do if anything at the interview about getting his children.

Kent

[payxibka 10,044]

I am certain all the children have "aged out" and no longer qualify on that basis

[kentfin 0]

I am certain all the children have "aged out" and no longer qualify on that basis

What about the 8 year old child that was not list on the original petition. The mother is working abroad and he is her sole provider?

[Sanjiv Patel 13]

Kent,

Check out my posting on CSPA, Child Status Protection Act, which is pinned at the top of this Forum. May be some children will benefit. My nephew, now 25, benefited on his monther's petition filed by my US Citizen father, but his other brother, now 28, did not. The topic provides good reading material and a age calculator that can quickly tell you if the child can immigrate.

Regarding the 8-yr old, he can be added to the case. Contact NVC and provide proof of relationship of the child with the person who will now immigrate. I would suggest to do this before he goes for interview. If necessary, ask NVC or consulate if the interview should be delayed, or if they will entertain the new child. Be ready to prove the relationship beyond doubt, though. A DNA test may be requested.

Good Luck.

Sanjiv Patel