Query about getting dependent visa for minor

[RRama]

My petition has been selected in H1 cap lottery this year.
My son is 6 years old.As I am a divorcee,I want to know whether Father's consent will be required during Visa stamping in my son's passport.I have a divorce certificate which does not contain about legal custody of my son.But as I discussed with my advocate,he says I am the natural guardian.I am worried upon whether Father's consent will be asked for Visa stamping.Kindly advice

[raghvi]

My petition has been selected in H1 cap lottery this year.
My son is 6 years old.As I am a divorcee,I want to know whether Father's consent will be required during Visa stamping in my son's passport.I have a divorce certificate which does not contain about legal custody of my son.But as I discussed with my advocate,he says I am the natural guardian.I am worried upon whether Father's consent will be asked for Visa stamping.Kindly advice

You would need Father's consent.

http://www.ustraveldocs.com/ua/ua-svc-visachild.asp states:

Minors:

For children under 16; ideally both parents should be present at the visa interview with their passports and the original of the child's birth certificate, in addition to the completed application materials and travel document of the child.

If both parents cannot be present, one of the following is required:

A notarized statement from the missing parent giving permission for the child to travel to the U.S., together with a photocopy of or the original biographic information page and signature page of the parent's internal or international passport; or
A death certificate of the deceased parent; or
Evidence that the parent who is not traveling has been denied parental rights.

Also you may be asked for similar proof at the POE.

https://help.cbp.gov/app/answers/detail/a_id/268/~/children---child-traveling-with-one-parent-or-someone-who-is-not-a-parent-or

This is my opinion not legal advice.

[RRama]

Thankyou very much..

From that page:-

"If there is no second parent with legal claims to the child (deceased, sole custody, etc.) any other relevant paperwork, such as a court decision, birth certificate naming only one parent, death certificate, etc., would be useful."

My son's birth certificate contains his father's name.So,I am not clear on what other documents can be produced.I need some more information about the court decision point made in this note.Can you please let me know?

[raghvi]

You would need to talk to a local lawyer to determine what exactly the documents that you need to furnish. Documents should basically prove that you are the sole guardian and have the legal custody.

This is my opinion not legal advice.

[RRama]

Thankyou..I have discussed and got info that legal guardian certificate is mandatory.So,I will plan for that.