Bringing my nephew without any visas. Is it really possible?

[GabiMatch 161]

So my sister is a LPR and was deciding the best route to bring her 8 years old son to live with her since she just won his custody in Brazil.

On doing some investigation, we found some information on the website of the American Consulate in Rio that states that “minor Children of LPR in the United States are authorized to travel to the US without a visa or authorization letter as long as the parent have a valid green card”

Does anyone have better knowledge about this?

She is going to Brazil in February for his birthday and want to bring her son back with her!

Thank you!!!

[Boiler 45,486]

Sounds like she is looking at the process for a new born.

[SalishSea 17,827]

7 hours ago, GabiMatch said:

So my sister is a LPR and was deciding the best route to bring her 8 years old son to live with her since she just won his custody in Brazil.

On doing some investigation, we found some information on the website of the American Consulate in Rio that states that “minor Children of LPR in the United States are authorized to travel to the US without a visa or authorization letter as long as the parent have a valid green card”

Does anyone have better knowledge about this?

She is going to Brazil in February for his birthday and want to bring her son back with her!

Thank you!!!

How did she get her green card?   Through marriage to a USC?

[jan22 3,053]

9 hours ago, GabiMatch said:

So my sister is a LPR and was deciding the best route to bring her 8 years old son to live with her since she just won his custody in Brazil.

On doing some investigation, we found some information on the website of the American Consulate in Rio that states that “minor Children of LPR in the United States are authorized to travel to the US without a visa or authorization letter as long as the parent have a valid green card”

Does anyone have better knowledge about this?

She is going to Brazil in February for his birthday and want to bring her son back with her!

Thank you!!!

This is most likely referring to the procedures in 22 CFR 42.1.   This part of the law only applies to

• a child born after the issuance of an immigrant visa during the validity period of the visa (so, doesn't apply to this child), OR
• a child born to the LPR during a temporary trip abroad, the entry into the US is within two years of the child's birth, and it is the first entry of the parent into the US since the birth of the child (so, doesn't apply to this child).

Your sister will have to file an I-130 to petition for an immigrant visa for her son.

Edited November 25, 2021 by jan22

[carmel34 3,626]

10 hours ago, GabiMatch said:

So my sister is a LPR and was deciding the best route to bring her 8 years old son to live with her since she just won his custody in Brazil.

She will need to file an I-130 petition for her son.  From filing the petition to the visa interview in Rio will take from 1-2 years, so she will not be able to bring him back with her in February of next year.  Good luck!

[JeanneAdil 6,498]

and even with winning custody,  she has to have permission from the father to bring him 

[jan22 3,053]

13 hours ago, JeanneAdil said:

and even with winning custody,  she has to have permission from the father to bring him 

Maybe, maybe not.  It depends on how the custody order is worded.