Legal Question in Immigration Law in Massachusetts

Adopted Daughter

My wife is a Brazilian Legal Permanent Resident, we currently live outside the US due to my work, she has a valid Reentry Permit. I have recently adopted her biological daughter in Brazil, she has lived with us for the last 3 years, she has a valid visitors visa for the US but now that the adoption is final in Brazil she will need a new passport and will be left with no visa. My question is, what do I do from here, am I able to obtain a Certificate of Citizenship for her and passport or do I need to apply for some other type of visa? We had tried in that past to get a LPR visa for her but as I had just been transfered back overseas we could not complete that process because we had no intention of being “resident” in the US. Any help is greatly appreciated, thanks.


Asked on 6/19/08, 7:57 pm

1 Answer from Attorneys
Melina Merino Attorney Melina Merino

Re: Adopted Daughter

If your intent is to return to the USA and permanently live here, you will need to apply for a visa for your daughter. You must obtain USCIS approval of that visa first, then you will be notified to go to the local U.S. consulate to complete the processing. A U.S. citizen’s unmarried, minor child is considered an immediate relative, does not need a visa number, and is eligible to receive an immigrant visa immediately. Feel free to contact me if you have any questions. Good luck!

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Answered on 6/20/08, 1:00 am


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