My sister has F31 petition and at this time they are filling up forms DS 230 part 1 and part 2 .She has at 5 y/o grandaughter whom she is taking care of, since birth and she is in the process of adopting her. Can she include her in the list of her children ? (question # XXXXX)
My sister is in the philippines and my mom (petitioner ) in new jersey
Unfortunately, she would not be able to list her granddaughter as her child unless she legally adopted the child in accordance with the law of the Philippines.
After adoption, she would need to filed a separate Immigration petition for the child because the child would not be able to obtain a Green Card/Immigrant Visa based upon your mother's petition for your sister. The child would not have derivative beneficiary status.
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