I want my niece's custody, how can I bring her to the USA.

[becaW 3]

Dear all

Good morning!

I am pretty sure this topic has been discussed before and I apologize for starting a post about it, but I just can't find old ones.

I am a GC holder and I really want to become my niece's legal guardian. I hope to be able to get full custody, but she lives in Brazil.

Does anyone know how and IF I can bring her to the USA to live with my husband and I?

Thank you in advance.

Regards,

Beca W.

[EM_Vandaveer 2,417]

Dear all

Good morning!

I am pretty sure this topic has been discussed before and I apologize for starting a post about it, but I just can't find old ones.

I am a GC holder and I really want to become my niece's legal guardian. I hope to be able to get full custody, but she lives in Brazil.

Does anyone know how and IF I can bring her to the USA to live with my husband and I?

Thank you in advance.

Regards,

Beca W.

Short answer: NO.

Adopting family members with living parents in order to immigrate them to the US is not allowed.

[Penguin_ie 5,996]

You may be able to get legal custody, that would be up to the Brazilian government. If you can, you are then responsible for her and can put her in a good boarding school over there or similar. However, unless both her biological parents are dead, you cannot have her immigrate even if you gain legal custody or adopt her (unless you first have physical custody for 2 years minimum, ie you'd need to move back to Brazil for a time- are you close to your US citizenship so that is an option?).

[Unlockable 7,315]

You are correct that this has been discussed many times. Try searching the word "adoption" or "adopt" in thread titles and you may get better results.

As for bringing minors to the US who are NOT biological children of the petitioner, it is very difficult and there are many restrictions.

The first being that the child must be an orphan. If the child has at least one living parent then he or she will likely not be allowed to be adopted for immigration purposes. Even if the parent(s) grant you full custody, USCIS may still deny this. There is a couple on this board that legally adoption a Vietnamese child from her mother. The mother sign over rights and they went to court and did everything legally, But because the biological mother is still alive USCIS would not grant the child an immigrant visa. They adopted the child over 7 years ago and she never was able to come to the US. If I can find the thread I will post the link to it so you can read it.

The second would be age. If you plan on adopting your neice then the adoption would have to be COMPLETED (not started or in process) before the child's age of 16. This, of course, is to prevent people from adopting adults just so they can have a way to the US.

The third is the commitment to the child. For immigration purposes the adopting adult must spend a period of 2 years with the child in their country. This is to show USCIS that you are committed to raising the child. It is also to prevent mail order adoption.

Lastly, and I'm not 100% sure on this one, but I think in order to adopt and orphan child for immigration purposes you have to be a US citizen.

As you can see it is an extremely difficult task and if the child is not an orphan or is too old then it is likely that they would not be able to be brought the the US.

Edited July 1, 2016 by NuestraUnion

[JFH 12,191]

OP it is admirable that you want to give, what you perceive to be, a better life to your niece.

Since you are clearly a kind and loving person, have you considered adopting a child domestically? Even in the wealthiest country on earth there are still children who lack the most basic necessity - a family of their own. I have been a foster parent and it was the most rewarding thing I have ever done.

[MrsBurgz 104]

My sister adopted our cousin and she was able to petition for her to come to the US and both her parents are still alive.

[Transborderwife 4,666]

My sister adopted our cousin and she was able to petition for her to come to the US and both her parents are still alive.

Different rules. Jamaica is not a part of The Hague convention and Brazil is

[Unlockable 7,315]

Different rules. Jamaica is not a part of The Hague convention and Brazil is

Thank you Transborderwife. After I posted my response I remembered the Hague Convention rule but it was too late to edit my 1st post to add it.

[MrsBurgz 104]

Different rules. Jamaica is not a part of The Hague convention and Brazil is

From reading some of the prior post it seem like nobody could adopt a relative and have them migrate to the US.

So countries that are apart of The Hague Convention can't adopt a relative so they could migrate. Thanks

[becaW 3]

Hello everyone! I am overwhelmed by your prompt response. Thank you very much for taking time to answer my question. I jumped the gun and came here to ask questions without knowing my country would NOT allow me to have full custody of my niece. They will only allow MY PARENTS to do that.

Penguin_ie, I was hoping you would answer me! Since I started my K1 process 6 years ago I came to admire you a lot. Always with kindness and prompt answers, eager to help and very ethical. I hope you know your support has given peace of mind to a lot of immigrants, including me! I appreciate it now and always will.

I haven't started my naturalization process, but just because my parents have no interest in moving here, so I keep postponing the paperwork. If I could bring my niece I would start it today.

If I become an American Citizen I understand I can bring my parents and they can bring my niece with them, as a dependent. Is that correct? I think it's too much work and they are settled in Brazil. But thank you for you help.

JFH: Thank you for you input, I am not adopting my niece to help someone in need. My family is financially stable and has no issues like the ones you probably think they do. The thing is that the parents of the child are emotionally unstable and the whole family is afraid. I am the person who lives far away and could raise the child away from the parents' issues, but for your information: my husband and I dream of adopting domestically.

Thank you all, again.

Regards,

becaW

[EM_Vandaveer 2,417]

Same problem if your parents adopt her. She has living parents, Brazil is a Hague country. They won't be able to immigrate her.

[Merrytooth 5,748]

There is no dependent visa if USC files for parents.

[EM_Vandaveer 2,417]

There is no dependent visa if USC files for parents.

If the adoption was valid for immigration purposes (I don't believe it is), then the parents, once here, could file for the girl as their child. But I don't think the adoption would be valid for immigration.

[becaW 3]

You may be able to get legal custody, that would be up to the Brazilian government. If you can, you are then responsible for her and can put her in a good boarding school over there or similar. However, unless both her biological parents are dead, you cannot have her immigrate even if you gain legal custody or adopt her (unless you first have physical custody for 2 years minimum, ie you'd need to move back to Brazil for a time- are you close to your US citizenship so that is an option?).

It took me a ridiculous amount of time to realize how to reply to you directly! lol. I also replied on top! Thank you very much!!!

[Penguin_ie 5,996]

No worries! And thanks for the lovely compliment

One option you could explore is trying to get a F1 student visa for the child to go to school here; you'd need to pay school fees, and it is not an immigration visa, but if it is advisable for the child to be away from the bio parents for a while, this may help.