Gloria is migrating to the USA. Gloria is married and the couple have a son named Juan. Gloria is the principal immigrant from a petition by her father who is currently residing in the USA. Her husband had an accident 10years ago, Ricardo (Gloria's husband) was also proved to have indecent relationship with the backrided who was DOA during the motorcycle accident. From that, Gloria decided to separate with her husband, and the 2 are not living with each other. Ricardo, after the accident, had a head injury that caused him to be mentally, and physically incapable of providing food, shelter, and day-to-day necessity of Gloria and their son Juan. 10years have passed, and up to this point, no financial support is being received. It is almost like their marriage is annulled.
1 month ago, Gloria received the letter from the US immigration that their petition is already being processed, she decided to pursue the immigration without the knowledge of her husband (like what i've said on the earlier part, her husband is mentally incapacitated). She and her son juan, already passed 3 stages of the immigration, Medical, Interview, PDOS. Gloria and Ricardo are separated, by bed, by home, by love, but not by law.
1. If Gloria and her son migrates to the USA, is an authorization letter needed to be provided by Ricardo?
2. If yes, and Ricardo's family disagree to sign the authorization giving Gloria the authority to migrate with their son, what are the steps to do so that Juan can travel with his mother?
3. If no, what are the legal basis for this?
thank you and God bless!