Kid's Interview ..Pls. Help

[happywifeymom 4]

Hello fellow members,

As we all know my USC husband filed an I-130 for my 2 minor kids in the Philippines. The kid's interview will be this Friday June 11 at USem in Manila.

I have the custody of my 2 kids but no legal document to prove that. To make the story short, petition was approved. Now my concern is What would be the legal proof i can give to the consul that i have my kid's custody? the kids father passed away 6 months ago and the only thing i have is the death certificate of him. Would this help? pls..thank you so much.

Edited June 7, 2010 by happywifeymom

[pixie77 2]

SOME RESTRICTIONS ON THE RIGHT TO TRAVEL OF FILIPINOS

I. Minority- for the travel of unaccompanied minors, a Travel Clearance must be issued by the Department of Social Welfare and Development (DSWD) and presented to the Immigration Officer prior to departure.

A travel clearance is required and shall be secured from the DSWD by the following Filipino citizens:

1. A minor traveling alone to a foreign country;

2. A minor traveling to a foreign country accompanied by a person other than his/her parents.

3. A minor who is the subject of ongoing custody battle between parents will not be issued a travel clearance unless a Court Order is issued to allow the child to travel abroad with either one of his/her parents or authorized guardian.

E X C E P T I O N S:

1. Under special circumstances where a minor whose parents are in the Foreign Service or living abroad as immigrants provided he/she possesses a proof that he/she is living with parents abroad and their travel does not constitute child trafficking.

2. A minor traveling to a foreign country with both or either parents or with his/her legal guardian. Solo parenthood or legal guardianship may be proved by:

A photocopy of the solo parent identification card from the Municipal Social Welfare and Development Office; or

A photocopy of a certification from the local Social Welfare and Development Office of being a solo parent or Tallaq or Fasakh certification from the Shariah court or any Muslim barangay or religious leader; or

In the case of an illegitimate child, a certificate of no marriage from the local civil registrar; or

In the case of a deceased parent, a photocopy of the death certificate; and

In the case of legal guardianship, a certificate of legal guardianship issued by the court.

3. In cases of illegitimate children, if they will be traveling with the mother, they are not required to secure a travel clearance from the DSWD. If they are traveling with person other than the mother, they must secure a travel clearance.

Since the mother has the absolute parental authority over her illegitimate children the father need to secure a Court Order giving him the parental authority over the illegitimate children. If the parental authority has been granted, he is not required to secure a travel clearance. If the minor will travel alone or with someone other than the father, he/she is required to secure a travel clearance.

4. DSWD travel clearance is valid for a period of 1 year from date of issuance and shall be valid for multiple travels within the validity period PROVIDED THAT the conditions under which the travel clearance was issued have not changed. If a change in condition occurs (ex. A change in traveling companion), a new travel clearance must be obtained.

The application for travel clearance together with the supporting documents shall be submitted by the parent or legal guardian or duly authorized representative at ANY DSWD field office. The application form can be downloaded from the DSWD website www.dswd.gov.ph.

The travel clearance may be obtained within 3 working days from the DSWD office where it was submitted provided all the requirements have been fulfilled. (Administrative Order no.14 series of 2005 as amended by Administrative Order no.2 series of 2008, Amendments to Omnibus Guidelines for Minors Traveling Abroad).

My daughter is a minor..who is accompanying your kids to their interview?

will they interview a 9 year old kid?