USA and the UK
Types of Visas for Immigration from Brazil to US
There is a range of different visas available to Brazilian citizens. There are options, whatever your situation. If you want to move from Brazil to US, an immigrant visa is needed as they offer permanent residency in the nation.
- Marriage-Based Green Cards
- K-1 Fiancé Visa
- Family-Based Green Cards
- Investor EB-5 Green Card
Marriage-Based Green Cards
This option is available if you marry a US citizen. If you are already in the USA, you must go through the adjustment of status procedure to reflect your marriage. However, if you are not in the USA, you can apply for your Green Card in a US consulate.
Whichever of these options you use, you will be issued a Green Card, and you will have conditional residency in the USA. This status means you can enjoy all the rights of a permanent US resident for two years.
Once you reach 90 days before the two years have elapsed, you and your spouse must agree to remove the conditions of residency. This is a shared agreement that you are still in a permanent relationship and will allow you to have permanent residency.
Some exceptions mean a joint agreement is not required to transfer conditional residency into permanent residency:
- Your marriage has been terminated
- Your spouse has died
- You were assaulted or subjected to cruel behaviour from your spouse
This option is also available for same-sex and LGBTQ couples. The process is identical for couples that are in this type of relationship.
The fee for applying for the Marriage-Based Green Card is $325.
K-1 Fiancé Visa
The marriage-based Green Card is frequently proceeded by a K-1 Fiancé Visa. This visa allows you the rights enjoyed by permanent residents until you get married. It is for Brazilians that are engaged with US citizens. There are a number of requirements for this visa which include:
- A US citizen must make the petition for the visa.
- The couple must marry within 90 days of the fiancé entering the US.
- Neither partner may be already married to another person (proof of divorce or death must be provided if you were married previously).
- The couple must have met at least two years before the application.
You can also bring your children to the USA if you have a K-1 Fiancé Visa, and they will need a K-2 Visa for Dependents. Like the marriage-based Green Card, this option is also available to LGBTQ+ couples.
The fees for a K-1 visa are higher than for some other immigrant visas and you will need to pay a total of $800.
Changing Status from K-1 Fiancé Visa to a Marriage-Based Green Card
After successfully getting married to your US citizen spouse, you will need to transfer to a marriage-based Green Card to make moving from Brazil to the US permanent.
First, you will need to check whether any grounds of inadmissibility apply to your situation. These include:
- Having a contagious disease as outlined by the Department of Health and Human Services
- Having a drug addiction
- Having a disability that could be linked to threatening behaviour towards others
- Being unable to present required proof of vaccination
If any of these circumstances apply, you must obtain a waiver of inadmissibility. You must use Form I-601 to justify why your application should still be accepted despite your inadmissibility. This will be submitted alongside your application.
Next, you must complete Form I-485 to adjust your status. Completing this application also needs you to submit the required documentation. This includes your:
- Record of your arrivals and departures from the USA
- Approval notice of your petition for a K-1 Fiancé Visa
- Birth and marriage certificates
- Government-issued ID
- A valid passport containing your K1 Fiancé Visa and an entry stamp
- Two passport-style photos
- Vaccination record
- Court and police records if you have broken the law while in the USA
A US citizen, most likely your spouse, will also need to complete Form I-864 (Affidavit of Support) on your behalf. This form confirms that they will financially support you as required while in the USA.
Family-Based Green Cards
You can also obtain a Green Card to remain in the USA permanently if you have family ties. This process is available to the immediate relatives of US citizens. This includes a US citizen’s:
- Parents that are 21 years old
- Children who are under 21 years old
Some other family ties could make you eligible for a Green Card. This is known as the “family preference” category. This category is known for its variable wait times. The speed your application is processed in will change based on which of the following family ties applies to you. They are a US citizen’s:
- Unmarried child over 21 years old
- Married child of any age
- Sibling over 21 years old
- Or a US permanent resident’s spouse or child
The application fee for the Family-Based Green Card will be $325.
Investor EB-5 Green Card
Family in the USA is not the only pathway to immigration and a Green Card. Those looking to invest in the US economy also have the opportunity to gain a Green Card.
The requirement depends on the area that you want to invest in. The government has defined areas of high unemployment and poor economic development. To get an investment-based Green Card, you need to:
- Invest $900,000 in one of these areas or a rural community
- Create ten indirect jobs
However, there is no requirement to be directly involved in overseeing the business that you have established.
The conditions are stricter if you want to invest in an urban area that hasn’t been targeted for its high unemployment. The requirement means you need to.
- Invest $1 million
- Create ten indirect jobs
- Directly oversee your enterprise
Whichever form of enterprise and area you invest in, the process of getting the EB-5 Green Card is the same. You need to put the entire required amount into the enterprise, and then you can apply for the Green Card. This gives you a conditional residence permit valid for two years and a pathway to a permanent residence permit.
The Investor EB-5 Green Card has the highest fee at $3675.
Common Reasons for Refusal of your Visa
Visa applications in the USA are sometimes refused. This will pose a serious barrier to you moving to the USA. There is currently no appeals process, so you must amend any mistakes and attempt to reapply for the visa. There are many different reasons that your visa may be refused, including the following:
- You cannot prove you are financially stable enough to support yourself in the USA.
- You applied for the wrong type of visa, which doesn’t match your circumstances.
- Your passport and other documentation are not valid or have expired.
- You have not properly completed the application form.
- You have previously violated visa conditions on a previous temporary visit. This may happen if you visited on tourist visas.
- You have a criminal record, a history of espionage, or links to extreme political groups such as terrorism.
- You failed to prepare properly for any visa interviews, could not answer questions adequately, or did not have the required documentation with you.
- Your application contains lies or fraud.
As you can see, very few of these reasons for refusal are a result of your background. Most of them are simple errors based on mistakes in your application process. Brazilian immigrants must work hard to ensure their applications are filled out correctly.
Our experts can guide you to a successful application, guaranteeing that you leave nothing out and make no mistakes. You can call our US team at IAS at +1 844 290 6312 and start working with us on your applications.
Brazilian immigrants can become US citizens through a process called naturalisation. This is a natural extension to permanent residency that allows you the full rights of someone born in the USA. This process will be available to you after you spend five years living in the USA as a permanent resident or three years if you are married to a US citizen. There are several other criteria which will be applied. You need to:
- Be 18 years old or older
- Have lived permanently and lawfully in the USA for the required time
- Read, write, and speak English
- Have good moral character and a clean criminal record
- Understand history and government
- Show loyalty to the US constitution
- Take the Oath of Allegiance
Once you confirm you are eligible, you can apply by completing the Form N-400. This form asks you to show you are eligible and to give your personal and family information. You can submit this form online or at in paper form.
When you submit your completed Form N-400, you must pay the application fee of $640 and the biometric fee of $85. Therefore, the total fee will be $725.
The Military Pathway to US Citizenship
You can also apply for US citizenship if you have served in the US military. You only need one year of service or any service during a period of hostility to gain naturalisation. As a period of hostility has been in place since the 9/11 Terror Attacks, this pathway to citizenship will be open to everyone who is currently in the US military and has lived in the USA for five years.
The other eligibility requirement is that you served honourably while in the military. You must show that you did not receive a dishonourable discharge if you left military service.
Another form is required, the Form N426, Request for Certification of Military or Naval Service. This form confirms the nature of your service.
The main benefit of making this type of naturalisation application is that you might be exempt from some criteria. Having these requirements waived is decided depending on your circumstances. These include the ability to:
- Read, write and speak English.
- Demonstrate knowledge of the US history and government.
- Show loyalty to the US constitution.
Reasons for Refusal of Naturalisation Applications
Gaining citizenship is a major step that finalises a Brazilian’s move to the USA. Applications are thoroughly examined before they are approved. The reasons for the refusal of an application include if:
- You have a criminal record.
- You fail to pay child support due in the USA.
- You fail to pay state or federal taxes.
- You lie or commit fraud in your citizenship application.
- You were not a continuous resident during the required amount of time.
- You fail your English language and civic examination during the citizenship interview. You can retake the test within 90 days if you fail.
- You do not register for selective service and are a man between 18 and 26.
Immigration Advice Service offers expert support for Brazilians moving to the USA. We offer assistance to ensure your visa applications have the greatest chance of success.
When you sign up with IAS, an experienced immigration lawyer will work with you for the whole application process and help you gather any evidence required during the process. We work closely with the government during the process and keep you updated as your application progresses.
After five years in the USA, we can also help you with your application for naturalisation so that you can become a US citizen.
If you would like to work with us to move to the USA and begin your life in the country, please call our US office at +1 844 290 6312 or contact us online.
Last modified on March 31st, 2023 at 4:59 am
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Continuous residence means that you remained in the US for the period required and did not leave the country for between six months and one year. This is considered a break in the period of continuous residence, and you will need to start again.
You can prove your continuous residence through several means. The primary method of proof is a dated and signed letter from your employer confirming the length of time that you have worked with them in the USA, and that you did not take an extended period out of work during that time.
If you stay out of the USA for longer than one year, this can threaten the validity of your Green Card. A judge may decide that you have abandoned your permanent residency status. To avoid this issue, you must apply for a re-entry permit before leaving the country. This will allow your permanent resident status to resume when you return to the USA.
Being deported from the USA places you on a blacklist which makes it extremely difficult for you to return to the USA. This will be a major barrier if you want to emigrate to the US from Brazil.
However, you can re-enter the USA if you successfully complete Form I-212. This form is your opportunity to justify why you should still be allowed into the USA despite your deportation.
It is worth noting that if you have been deported once, your deportation will need to have happened less than five years before applying. This increases to 20 years if you have been deported two or more times, and the time is measured from your last deportation.