A permanent resident married to a US citizen has non-USC minor siblings abroad (Brazil). In case the PR's parents pass away, and the siblings come under legal guardianship of the PR, what options does the PR have to bring the children to US?

It is important to note that the adoption is not an option in the Brazil, since they are all siblings. Brazil is part of the Hague Convention.

1 Answer 1


This should be possible, though I would strongly suggest that you consult a lawyer about it and don't take my answer as necessarily applying to your exact circumstances.

Immigration of a non-biological child child to the US is usually done through the "orphan process" which does not require the child to be adopted before they are brought to the US, but does require that you intend to adopt them once they arrive. Obviously they also have to be an orphan. Adoption of a sibling is legal in the US, provided you are an adult and the adoptee is a minor.

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