Legal Question in Immigration Law in California

I submitted I130 at 11 year ago now got approved for my brother and siter as single. Now my brother want to bring his new wed wife, and my sister wanted to add her new born son to the comming to US list. What step must I do. I am now in progress of filling I-864 form to submitt. Does the new born child required any consent from my sister boyfriend for her to take the child to USA


Asked on 10/06/09, 6:47 pm

3 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Yes, derivative relatives can be added by notiifying the NVC.

You will have to pay more in visa and affidavit of support fees (for all immigrating family members). Additional visa application forms from each family member will be required as well.

Yes, in many cases, child's father permission is required for child moving permanently abroad from his native country.

If you�d like to schedule a telephone legal consultation, please let me know: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 10/06/09, 7:04 pm

You may notify the National Visa Center when you get the notice from them about your new relatives as derivatives. Depending on what country you come from, there may be visas available in that category with your priority date. Normally, children born out of wedlock must also get permission from the parents to travel with the other parent when departing the country to another country. Typically, the consulate would need a letter from the parent confirming that it's okay. You should contact an experienced immigration attorney to assist you. This office is available for consultation at : 415-387-1364 or email [email protected].

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Answered on 10/06/09, 7:12 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

It is easier for your brother to add his wife than for your sister to bring her child. For both, advise the National Visa Center immediately and they should direct you as to the procedure to add the dependent family members. Depending on the consulate/embassy they'll apply at, the particular post may have certain requirements which could be checked directly with them as well. Posts differ in this and other regards. For your sister, she will also need permission of the child's father (assuming the father is on the birth certificate) and such permission again varies country by country where the child resides and was born. Again, specific information from the consulate/embassy and NVC will be helpful.

The above is general information not intended to create an attorney client relationship. For further information, you may contact me directly at [email protected] or 818 609 1953.

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration and Nationality Law, State Bar of CA

Designated in "Super Lawyers", 2004 - present, "Los Angeles Magazine"

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Answered on 10/07/09, 12:22 am


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