Asked in Immigration Law, Child Support and Civil Litigation

Q: Can a pending case from Philippines affect the citizenship application?

Good day!

I have a question regarding someone from the Philippines currently residing at West Virginia USA. However, the day he was supposed to receive his warrant of arrest, he was already able to leave the country and go to USA. So my question is, will his pending case here in the Philippines affect his application for citizenship in the USA? And also can I sue the person still for child support even if he is already in USA? And also if I apply for working visa and get approved, can I sue him in the states for child support?

1 Lawyer Answer
Michael E.D. Templo, Jr.
Michael E.D. Templo, Jr.
  • Immigration Law Lawyer
  • New York, NY

A: This person may have committed misrepresentation in his immigrant visa application by not disclosing that he has a pending criminal case. If this is so, then it will be an issue when he applies for citizenship in the future.

With regard to your claim for child support, you should speak to a Philippine lawyer about securing a court order/judgment in the Philippines and have it enforced (as a foreign judgment) in the US state where the person is residing. This is possible but it might be financially burdensome.

If you and your child are in the US and satisfy the residency requirements to file for child support, then I don’t see any reason why you wouldn’t be able to file in the US.

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