Filing for mother with foster daughter

[zee19 3]

I'm filing for my mother to come to the U.S., about 1 yr ago she took in a little girl whose mother couldn't afford to put her in school. The girl'she father was already deceased and recently her mom passed away also. My question is can I add the girl on the I30 form to come with my mom since she basically have no other guardian? What will I need?? Just to clarify also my country people usually don't do adoptions if they can't take care of there kids they usually send them to live with someone they feel can give them a better life. PLEASE HELP AS I DON'T WANT THIS TO MAKE MY MOM'S PROCESS DIFFICULT

[NikLR 13,220]

No the little girl cannot be added to your mom's form. She has a parent who is alive. She's not formally adopted.

[zee19 3]

She doesn't have a parent who is alive..her mom passed away a couple of months ago

[Unlockable 7,306]

No. Biological children and children who were legally adopted before the age if 16 only can be considered for immigration.

As already stated, if the child's parents are alive it will be difficult to get an approval. USCIS is extremely strict on children who are not biological offspring of an immigrant.

You mom would have to go through an official adoption or show some sort of court ruling that she is the child's legal guardian. How old is the child?

Edited November 7, 2016 by NuestraUnion

[aleful 1,905]

hi

no, there aren't derivatives in parents petitions, and she needs to be legally adopted

who will she live with if your mother comes since she has to stay behind?

[NikLR 13,220]

She doesn't have a parent who is alive..her mom passed away a couple of months ago

If your mother formally adopts the child who is now an orphan SHE could file for the child after becoming and LPR which would take about 2 years, after the 1 year process for your mother.

However it would be hard on the child since they cannot move with your mother. Someone else would need to care for her. Your mother would need to maintain her residence in the USA once she becomes an LPR.

There are no derivatives for the IR5 visa class.

Edited November 7, 2016 by NikLR

[zee19 3]

She is 12...right now she stays with my mom and grandmother but my grandmother is unable to care for anyone. So I understand that I cannot file for her but will I add her on the form so if my mother decides she wants to file for her, USCIS already has her listed as a dependent?

[Unlockable 7,306]

You can't add her for two main reasons. The first you were already told. There are NO derivatives to petitions for parents. Meaning no children can be added. Nobody can do this.

Second, you can't add her because she is legally NOT your mother's daughter yet.

What she needs to do is seek a way to adopt her first. But even after she is adopted she WILL NOT be able to come with your mother US at the same time.

Edited November 7, 2016 by NuestraUnion

[apple21 953]

She is 12...right now she stays with my mom and grandmother but my grandmother is unable to care for anyone. So I understand that I cannot file for her but will I add her on the form so if my mother decides she wants to file for her, USCIS already has her listed as a dependent?

You cannot add her in any form because she is not legally your mom's child. Period.

[NikLR 13,220]

She is 12...right now she stays with my mom and grandmother but my grandmother is unable to care for anyone. So I understand that I cannot file for her but will I add her on the form so if my mother decides she wants to file for her, USCIS already has her listed as a dependent?

So if you file for your mother, who will take care of this little girl or your grandmother?

[kzielu 1,147]

She is 12...right now she stays with my mom and grandmother but my grandmother is unable to care for anyone. So I understand that I cannot file for her but will I add her on the form so if my mother decides she wants to file for her, USCIS already has her listed as a dependent?

You will add her as who ? Daughter ? That's misrepresentation.

[zee19 3]

Okay thanks everyone for the response! Very much appreciated