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Petition for Children

Petition for Children

Required documents for filing a petition for your child:

  • A Completed Form I-130;
  • Petitioner's proof of U.S. citizenship (valid U.S. passport and a plain copy of the page containing the biographic information and signature);
  • Petitioner's proof of residency in Brazil;
  • Child's birth certificate (original and a plain copy);
  • Married, divorced and/or widow children must present the original of their marriage, divorce and/or death certificates related to their marriages (original and copy); and
  • Filling fee. (Brazilian currency is also acceptable).


  1. If you are filing for more them one child, you must fill out a separate petition for each child.
  2. If you are filing for a stepchild, please provide the original and copy of your marriage certificate with the child's parent as well as any prior divorce and/or death decrees of previous marriages for you and child's parent. The child must have been under 18 years old on the day of your marriage to the child's parent.
  3. If the child was born out of wedlock (and the father is the petitioner), proof that a parent/child relationship exists or existed must be presented.
  4. If the child is over 21 and unmarried (divorced, widowed or never married), the unmarried minor children (under 21 years old) of the beneficiary may also immigrate on the same petition.
  5. If the child is married, the spouse and unmarried children (under 21 years old) of the beneficiary may also immigrate on the same petition. Beneficiary's marriage certificate and children's birth certificates are also necessary.
  6. In case of children who were adopted abroad and have been in the legal custody of and have resided with the adoptive parents outside the United States for more than two years, the adoption documents are also necessary (adoption decree, legal guardianship decree, relinquishment of parental rights, etc.). Legal custody may only be granted by a court or recognized government entity and is usually granted at the time the adoption is finalized.  However, if legal custody is granted by a court or recognized government agency prior to the adoption, that time may count toward fulfilling the two year legal custody requirement. The adoption must have been completed before the child's 16th birthday.

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