Can I put my non biological sister in my parents list of children in their form I-130?

[*HappyInlove* 6]

Hello everyone, I am US Citizen now and planning to petition my parents but when I was filling up the I-130 form it asked to list the spouse and all the children of my parents. I have a younger sister but she is not a biological child of my parents. She came to our house when she was 7 months old. Her father, which is my dad's cousin was having an affair and the result is this child. When they split up, the mother gave up the child to him and he went to our house and asked my parents if they want the child or if not then he's gonna leave her somewhere because his wife doesn't know about the affair and much more about the baby. My parents felt sympathy to the baby so they accepted her since she's been abandoned. My mother consulted a social worker in our area and asked what to do. The social worker suggested for the child to be late registered and they are the parents. We considered her our little sister since that time. She is now 10 years old. I'm aware that if I petition my parents she cannot come with them but I am not sure if I can put her name in the list of my parents children. I am worried that it can affect the petition process. And I am also wondering if once my parents are here if they can petition her without problems..I hope that you guys can help me. Really really appreciate your replies. Thank you!

[Merrytooth 5,748]

Your parents can't just put their names on your little sister birth certificate claiming to be Bio parents. They have to formally adopt her.

So your parents will have problem down the road if they want to petition for little sister to immigrate to US.

Edited July 28, 2016 by Merrytooth

[aaron2020 11,651]

The Philippines way will not work for US immigration.

Getting a birth certificate with FALSE INFORMATION is against the law. It's also going to be a GIANT HEADACHE if there is a DNA test.

Your parent must legally adopt her in order for her to be your sister.

No legal adoption = not your sister = not their child = no immigration visa.

Legal adoption is the ONLY WAY.

[subwayguy 100]

Hello everyone, I am US Citizen now and planning to petition my parents but when I was filling up the I-130 form it asked to list the spouse and all the children of my parents. I have a younger sister but she is not a biological child of my parents. She came to our house when she was 7 months old. Her father, which is my dad's cousin was having an affair and the result is this child. When they split up, the mother gave up the child to him and he went to our house and asked my parents if they want the child or if not then he's gonna leave her somewhere because his wife doesn't know about the affair and much more about the baby. My parents felt sympathy to the baby so they accepted her since she's been abandoned. My mother consulted a social worker in our area and asked what to do. The social worker suggested for the child to be late registered and they are the parents. We considered her our little sister since that time. She is now 10 years old. I'm aware that if I petition my parents she cannot come with them but I am not sure if I can put her name in the list of my parents children. I am worried that it can affect the petition process. And I am also wondering if once my parents are here if they can petition her without problems..I hope that you guys can help me. Really really appreciate your replies. Thank you!

if your parents haven't legally adopted this child, then simply as that, the child is not their child.

[*HappyInlove* 6]

Thank you so much Merrytooth, aaron2020 and subwayguy for the replies. I will talk to them about adoption. I wish that social worker suggested adoption to them. We just had no ideas that time

[Illiria 980]

If they adopt and correct the birth certificate they might be questioned as to why the sister was late registered/changed birth certificate.

Begs the question, would uscis consider forging documents or making false claims to obtain documents to be a crime involving moral turpitude and would they still care if the act isn't a crime in the beneficiaries country?

[aaron2020 11,651]

Thank you so much Merrytooth, aaron2020 and subwayguy for the replies. I will talk to them about adoption. I wish that social worker suggested adoption to them. We just had no ideas that time

Be careful.

The social worker deals with things in the Philippines where it's normal for people to lie on a birth certificate. This person is clueless on the consequences when applying for a US visa.

What's okay in the PI is not okay with the US Government.

Legal adoption is the only way.

[Merrytooth 5,748]

If they adopt and correct the birth certificate they might be questioned as to why the sister was late registered/changed birth certificate.

Begs the question, would uscis consider forging documents or making false claims to obtain documents to be a crime involving moral turpitude and would they still care if the act isn't a crime in the beneficiaries country?

I think that will be considered as material misrepresentation INA 212(a)(6)©(i)

INA 212(a)(6)©(i) bars an alien from receiving a visa or admission into the U.S. if this alien has previously obtained or attempted to obtain a visa, other documentation, admission or other benefit under the Immigration and Nationality Act (INA), by means of fraud or by willfully misrepresenting a material fact.

[NigeriaorBust 4,087]

It would only raise to that level if the child is "claimed" as a biological child in any way to the US authorities. The US won't care what lies happen at home.

[Illiria 980]

Really it's more under the scope of admitting to a crime that wasn't prosecuted by your home country with one of the descriptions of cimt is that of undermining the authority of a government with the presence of fraud is the main determining factor (which includes counterfeiting)​ this can be against the government of another country. Though intent is taken into account and as they didn't intend to defraud their government by giving false witness for the procurement of the birth certificate then it might not be considered cimt.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter5.html

Don't put her on the paperwork as their child and understand that even if they legally adopt her that as she has living biological parents she may still not be able to immigrate. Lots of people try and do this trick with nieces/nephews due to the long wait for getting siblings a visa so they have put restrictions on the ability of adoptees to be petitioned for

Edited July 28, 2016 by Illiria

[Unlockable 7,314]

Edited: I see that your sister is 10 years old. It is important to note that she will have to be adopted by your parents BEFORE she turns 16. Meaning the adoption process has to be 100% completed before the age of 16 to be considered for immigration.

Edited July 28, 2016 by NuestraUnion