Legal Question in Immigration Law in United States

I was born in the US to Filipino parents. I grew up in the Philippines and married a Filipino citizen. I petitioned my then wife and 2 children in 1994. We moved to Hawaii but returned to the Philippines after 1 year. I then came back to the US in 2000 and have since divorced and remarried. However, I want to have my 2 children come to the US. Does the Legal Permanent Resident status of my children back in 1994 still apply or do I need to petition them again since they have not been back since we left in 1995? In case I need to repetition them, do I need to do it before they turn 21 to get them here quicker? I would greatly appreciate your advice.

Thank you.

L. Gregorio


Asked on 10/11/10, 4:56 pm

3 Answers from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

You asked about getting your children into the U.S.

I am assuming that your children are either your natural children or were legally adopted before their 18th birthday. Your children are eligible for a U.S. passport because they are United States citizens already. You don't need to petition or get the resident status.

Children born to a U.S. citizen or adopted by a U.S. citizen before their 18th birthday are lawfully U.S. citizens and are eligible for a U.S. passport.

They can apply for a passport through the consular section of their local embassy. The government's website for the U.S. Passport Agency should be of help to you.

http://travel.state.gov/passport/get/first/first_830.html

Regards,

Roger

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Answered on 10/16/10, 5:40 pm
Nicklaus Misiti Misiti Global, PLLC.

You should speak with an attorney. Your children are either already citizens or you will have to petition for them again. Give me a call and we can discuss your options.

Regards,

Nick Misiti

Misiti Global

716 830 7960

[email protected]

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Answered on 10/17/10, 8:25 am
Taraneh Khorrami Law Offices of Taraneh Khorrami, APLC

Your children have lost their Legal Permanent Resident status since they have not been back to the US since 1995. You need to petition for them again and it is crucial that you do so before they turn 21 years of age. Otherwise, there will be a very long waiting time (10-13 years for Filipino nationals).

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Answered on 10/20/10, 9:51 am


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