Living in the United States and enjoying all the advantages of residing in one of the world’s greatest powers is an achievable and highly sought-after goal by many Brazilians, but it requires planning and knowledge about the legal requirements.
For example: Do you know what documentation is required and the basic requirements to live in the USA? Do you know which forms need to be filled out, the fees involved, and how to prepare for the interview with the United States consulate?
The purpose of this complete and updated guide is to clarify everything you need to know about how to live in the United States, ensuring practicality and security in your next steps towards achieving your dream.
Immigration Status Categories
There are two situations for legally residing in the United States: temporary residence or permanent residence.
- Temporary Stay: In this case, you need to have a non-immigrant visa, granted for specific purposes such as tourism, studies, temporary work, etc. The duration of these visas is limited, and at the end of the period, the individual must return to their country of origin.
- Permanent Stay: To reside permanently in the United States, you need to obtain a Green Card, which is the document that proves your legal permanent residence. With the Green Card, you can live and work in the country indefinitely and eventually apply for American citizenship.
In other words, for those who wish to enter and stay in the United States for a specified period, a Non-Immigrant Visa is sufficient — a visa category granted in cases of tourism, temporary work, medical treatment, among others.
Now, for those who wish to reside permanently in the USA, it is essential to obtain the Green Card.
Documentation to Live in the USA
The required documents vary depending on the type of visa you are applying for. However, common documents include:
- Valid passport (with up-to-date validity)
- Properly filled Immigration Forms
- Proof of income
- School Records and Professional Resume
- Medical History
- Criminal background certificate
In addition to the listed documents, it is also essential to know which type of visa suits your situation of interest.
Types of Visas to Live in the USA
The only legal way to reside in the USA is by having a visa, either non-immigrant (for temporary stays) or immigrant (for permanent residence, the Green Card).
The most common types of American visas for living in the United States are:
Non-immigrant (Temporary):
- Visa B1/B2
- Visa F
- Visa H1-B
Permanent Residence:
- EB-1 Visa
- Visa EB-2
- Visa EB-3
- Visa EB-2 NIW
- Visa EB-5
- Family Based
There are various types of visas for specific cases, granted to professionals, students, tourists, and investors, among others, as we explain below.
Non-Immigrant Visas (Temporary Visits)
The Non-Immigrant Visa allows temporary stay in the USA for specific purposes such as tourism, studies, temporary work, etc. The duration is limited, and at the end of the period, the individual must return to their country of origin.
The main types of non-immigrant visas are:
- Visa F-1: Intended for students, but with different levels of education and programs.
- Visa J-1: For cultural exchange programs, such as Au Pair.
- Visa H-1B: Very common for highly qualified professionals in specific areas, such as the technology market in the USA.
Important: It is possible to adjust the status from non-immigrant to immigrant.
Immigrant Visas (Permanent Residence)
The Immigrant Visa grants permanent residence in the USA, allowing you to live and work in the country indefinitely.
- Visas EB-1, EB-2, EB-2 NIW, EB-3, and EB-5: The EB category (Employment Based) refers to foreigners who intend to reside and obtain the Green Card based on professional achievements, career, academic background, specializations, or investment, standing out in their field.
- Visas E1, E2, and E3: Intended for professionals with special skills or executives of multinational companies, with different levels of preference.
- Visa B1/B2: Visa for tourism. Currently has a duration of 10 years and you can stay in the United States for up to 6 months.
- Visa F: Dedicated to students. This visa covers a wide range of educational institutions, extending from universities to private elementary schools.
- Visa TN: Specific for Canadian and Mexican citizens to work in the United States in certain professional occupations.
- Visa H-1B: It is a non-immigrant visa intended for professionals who have a job offer in the USA.
- Visa K-1: If you are a US citizen who wishes to bring your foreign fiancé(e) to the United States to get married.
- Visa K-3: It is an option to unite an American citizen with their foreign spouse. After approval, the foreign spouse receives the K-3 visa at the American Consulate in their country.
Family Based: Direct application for the Green Card, based on a degree of kinship. Other family members eligible to apply for a Green Card are described in the following family “preference immigrant” categories:
First preference (F-1) – unmarried sons and daughters (21 years of age or older) of American citizens;
Second preference (F-2A) – spouses and children (unmarried and under 21 years) of legal permanent residents;
Second preference (F-2B) – unmarried children (21 years and older) of legal permanent residents;
Third preference (F-3) – married sons and daughters of American citizens;
Fourth preference (F-4) – brothers and sisters of US citizens (if the US citizen is 21 years or older).
After the approval of the immigrant visa and the completion of the process to obtain the Green Card, known as adjustment of status or registration of permanent residence, you will receive the Green Card.
Other Relevant Visas
There are other specific visas that are commonly requested in the journey of living in the USA. They are:
- Visa O-1: For professionals with extraordinary ability in sciences, arts, education, business, or sports.
- Visa L-1: For executives or managers transferred from a foreign company to a branch in the USA.
Green Card
The Green Card is the document that allows you to live and work in the USA. There are various categories of Green Card, as well as their specific applications and requirements.
The most requested types of Green Card are:
- Family Green Card: Spouses, children, and other close relatives of American citizens or permanent residents can apply for the Green Card.
- Employment Green Card: Professionals with special skills may be eligible for the Green Card through an employer petition process.
Discover what the Green Card interview is like in our exclusive content on the subject.
Transition from Visa to Legally Reside in the USA: Understand the Difference between Adjustment of Status and Change of Status
Adjustment of Status and Change of Status are terms frequently used in the context of immigration to the United States and, although they have very similar meanings, they have different implications.
When you are already in the United States and adjust your status, you are actually submitting the I-485 form, which is the Green Card form. In other words, you are applying to become a permanent resident.
On the other hand, a change of status is when you have a non-immigrant visa and you are applying for another non-immigrant visa category.
To better understand the difference, let’s analyze each one and present a practical example.
Change of Status
The change of status refers to the alteration of one type of non-immigrant visa to another type of non-immigrant visa while the applicant is still in the United States.
For example: An applicant enters the United States as a tourist and, after spending a season, decides to study in the country. Then, the applicant has a B1/B2 visa and chooses to change the visa status to F-1 student visa. This is a change of status.
This can happen in several other categories. The applicant can arrive in the USA with a student visa, study for a period, and then apply to be a tourist for another six months.
An international student with an F-1 visa who decides to work in the USA and therefore needs to switch to a work visa (H-1B).
It is also very common for people who have a J visa — a non-immigrant visa issued to people going to the USA to undertake an internship, a trainee program, or a Summer work and travel program (very common for Au Pair cases) — to choose to study after completing this program or even stay as a tourist for a period before returning to their home country.
Adjustment of Status
The adjustment of status is the process by which a foreigner who is legally in the USA with a non-immigrant visa applies for change to permanent resident status. In other words, obtain the Green Card.
For example: Imagine a person arrives in the United States with a tourist visa (B1/B2), meets an American citizen, and at some point decides to get married. To live legally in the USA with their spouse, they will need to adjust their status to permanent resident.
In summary: Only the adjustment of status allows you to live in the USA. This is basically the difference between change of status and adjustment of status.
Main Forms to Live in the USA
The documentation required to live in the United States varies significantly depending on the type of visa you are applying for and your specific situation.
However, the most common forms in various immigration processes are:
- DS-160: Online form you need to fill out to apply for most non-immigrant visas, such as tourist or student visas.
- I-130: Form used by an American citizen or permanent resident to apply for a Green Card for a foreign relative.
- I-485: Form used to adjust status to permanent resident (Green Card).
- I-765: Form used to apply for a work authorization.
Why is the Extension of the Tourist Visa not Always Approved?
A common mistake among visitors to the United States is believing that the extension of the tourist visa is a simple and guaranteed process. The truth is that the approval of an extension depends on various factors and is not automatic.
The tourist visa (B-1/B-2) is granted based on the declared intention to visit the United States for a limited period, for tourism or business.
When requesting an extension, the individual needs to demonstrate that the initial reason for the trip remains valid and that there is no intention to reside permanently in the United States.
There is no limit to the number of extensions that can be requested. However, with each extension requested, the approval becomes more difficult to achieve.
