Legal Question in Immigration Law in Philippines

My wife and I are in USA, but my wife's minor children are in Philippines. I am the petitioner (considered step-father by USA). We want to fly the children to USA on a permanent resident immigrant Visa soon. The DSWD and DFA already have on-file for the children Philippine passports, Affidavit of Support, and Special Power of Attorney stating that their mother will transport them to USA.

However, we want to know what to do if we want someone else (like me or their tita) to transport them instead.

1. Do We need to prepare a NEW Affidavit of Support and Special Power of Attorney to allow me or their tita to transport the kids?

2. Since the children already have passports, do we need to send the NEW Affidavit of Support and Special Power of Attorney to DFA? or to DSWD? or both? or just present to customs at the time of departure from Philippines?

3. According to the DSWD website, Minors who will be travelling with a temporary or permanent resident visa of another country (like USA) who are rejoining their parents do NOT NEED DSWD Travel Clearance to leave Philippines. Our daughters will have a permanant U.S. resident immigrant visa. So do our minor children still need DSWD Travel Clearance if they are leaving Philippines with their Tita or me (the step-father American petitioner)?


Asked on 9/24/12, 10:17 pm

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

The answer to all your questions is NO NEED. You already read it in the DSWD website that travel clearance is no longer needed.Those affidavits that you were referring to are relevant in so far as the requirements of the USCIS are concerned for purposes of immigration but not when they leave the country.

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Answered on 9/27/12, 7:40 am


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