Advertisements
Advertisements
My wife immigrated from Brazil and is currently a citizen. Her mom has been taking care of her 9 year old nephew. her mom just started Chemo and cannot take care of the nephew.
The nephews mom has abandoned him and lives in a different country. The father is my wifes brother, and he cannot take care of him and has given us permission to adopt.
We just need to know where to get started. My wife is in Brazil right now and is being told to be a guardian of the child first. From what I have read, the child needs to be adopted before he can come to the US. Everything I have seen is very complicated.
I just need some insight as to how we can do this.
Brazil and the U.S. have both ratified the Hague Convention on intercountry adoption. All adoptions of Brazilian children by people outside Brazil, even relatives, will have to comply with Hague requirements, as well as with the laws of Brazil and the prospective parents' home country.
In short, you will need to work with a licensed, U.S. adoption agency that is also Hague-accredited and authorized by Brazil to conduct adoptions, even though you have already identified the boy to be adopted.
The agency will first determine whether it appears that the boy will meet Brazilian requirements for adoption and U.S. immigration requirements. Normally, under the Hague, there will have to be evidence that there is no family within Brazil that wants to adopt the child, and that the child meets Brazilian requirements for adoptability.
If it appears that the boy is adoptable, you will need to have an international adoption homestudy by a provider in your state who is authorized to do them. You will also need to file the I-800A form with the USCIS, attaching various documents including an approved homestudy report. Once you have an approved homestudy and I-800A, your agency will submit these documents to Brazil's central authority for adoption, along with other documents required by the country's adoption laws; the collection of documents is called a "dossier."
Your agency will then help you navigate the Brazilian adoption process, and to get U.S. approval to immigrate the child to the U.S., using the I-800 form, a companion document to the I-800A. You may have to live with the child in Brazil for a month before the child's finalization can take place in court. Once the adoption is finalized, you can then apply for the child's new birth certificate, naming you as parents, his new Brazillian passport, and a U.S. visa (IH-3 or IH-4) allowing him to enter the U.S.
Your child will probably be eligible for automatic U.S. citizenship once he enters the country on a Hague visa. You may want to readopt him in your state to get an American adoption decree and birth certificate, and to give him an American name. Note that you CANNOT bring him to the U.S. before receiving the final decree in Brazil, even if you plan to readopt.
For more information, go to adoption.state.gov, and click on Brazil under country information. This website belongs to the U.S. State Department and should be considered reliable. Be aware that, since you have already selected a child, some of the information won't apply to you. Also, be aware that it may be difficult to find an American agency that Brazil has authorized to place children in the U.S.
Sharon
Advertisements