July 22, 2007

Atty. Emmanuel Samonte Tipon

10 Simple Questions on Children & their Answers

1. Q. The lawful permanent resident wife of a U.S. citizen went abroad and fooled around and begot a child while she was still there. Can the U.S. citizen husband petition for the misbegotten or adulterine child?

A. Yes.

2. Q. Can a homosexual adopt an orphan abroad and petition for the orphan if they otherwise meet the legal requirements for adoption of an orphan?

A. Yes.

3. Q. Can a U. S. citizen petition for the illegitimate child of his wife who was born abroad who was under 18 when they were married, even if the USC has never seen the child?

A. Yes.

4. Q. A U. S. citizen petitioned for the illegitimate child of his wife who was born abroad who was under 18 when they were married. He has seen the child and even sent him gifts. Later the wife fooled around and he divorced her. Can the petition for the illegitimate child that is pending be still maintained? A. Yes if the step-parent relationship continues.

5. Q. Can a lawful permanent mother who gives birth to a child abroad bring back the child to the U.S. on her return trip?

A. Yes.

6. Q. A husband and wife, both U.S. citizens and 21 years of age, wish to have a child. The wife wants to adopt an orphan abroad but the husband refuses to sign the petition. Can the wife alone sign the petition for an orphan?

A. No.

7. Q. A husband and wife, both U.S. citizens, adopted abroad simultaneously a brother and sister, one 14 years old and the other 17 years old, and had legal custody of and lived with them for two years. Can they petition for both of them even if one is over 16 years old?

A. Yes.

8. Q. A woman adopted a 12 year old child abroad and lived with the child for 1 year before immigrating to the U.S. She returned to live with the child for another year. Can she petition for the child as an adopted child?

A. Yes.

9. Q. A U.S. citizen, married for more than 30 years, recently discovered that his maid in the Philippines who left his employ when she became pregnant begot a love child who looks like him and whom she named after him. The child is now more than 21 years old and married. Can the USC petition the child whom he believes to be his illegitimate child?

A. No.

10. Q. A child was adopted by her aunt while under 16. The aunt's petition for the adopted child was denied because she did not retain an excellent lawyer and failed to establish that the requirements of the law were met. Meanwhile, the adopted child's natural parents immigrated to the U.S. Can the natural parents now petition for their natural child?

A. Yes.

(Atty. Tipon is from Laoag City. He holds a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from U.P. He practices law and writes law books. Office: 905 Umi St., Suite 201, Honolulu, HI 96819. Tel. (808) 847-1601. E-mail: filamlaw@yahoo.com. Website: www.ImmigrationServicesUSA.com. Listen to KNDI Honolulu radio 1270 AM on your radio dial every Friday morning between 6:30-8:00. This article is for general information only and is not intended as legal advice.)

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Copyright 2007 Ilocos Times. All rights reserved.

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