Living in the United States and enjoying all the advantages of living in one of the world’s greatest powers is an achievable goal and one that many Brazilians aspire to. planning and knowledge of the legal requirements.
For example: do you know what documentation is needed and the basic requirements for living in the USA? Do you know which forms to fill in, the fees involved and how to prepare for the interview with the US consulate?
The aim of this complete and up-to-date guide is to explain everything you need to know about how to living in the United Statesguaranteeing practicality and security in your next steps towards achieving your dream.
Immigration Status Categories
There are two ways to live legally in the United States: temporary residence temporary or permanent.
- Temporary stay: In this case, it is necessary to have a non-immigrant visa, granted for specific purposes such as tourism, study, 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 live in the United States permanently, you need to obtain a Green Card, which is the document that proves your legal permanent residence. With a Green Card, you can live and work in the country indefinitely and eventually apply for US citizenship.
In other words, for those who wish to enter and stay in the United States for a fixed period of time, a Non-Immigrant Visa is sufficient. 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 a Green Card.
Documentation for living in the USA
The documents required vary depending on the type of visa you are applying for. However, common documents include:
- Valid passport (with valid expiry date)
- Completed immigration forms
- Proof of income
- School transcripts and professional curriculum vitae
- Medical History
- Criminal record certificate
In addition to the documents listed, 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 live in the USA is to have a visa, either a non-immigrant visa (for temporary stays) or an immigrant visa (for permanent residence, the Green Card).
The most common types of American visa to live in the United States are:
Non-immigrant (temporary):
- B1/B2 visa
- F visa
- H1-B visa
Permanent residence:
- EB-1 visa
- EB-2 visa
- EB-3 visa
- EB-2 NIW visa
- EB-5 visa
- Family Based
There are different types of visas for specific cases, granted to professionals, students, tourists and investors, among others, as explained below.
Non-Immigrant Visas (Temporary Visits)
The Non-Immigrant Visa allows a temporary stay in the USA for specific purposes, such as tourism, study, 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:
- F-1 visa: Intended for students, but with different levels of education and programs.
- J-1 visa: For cultural exchange programs, such as Au Pair.
- H-1B visa: Very common for highly qualified professionals in specific areas, such as the technology market in the USA.
Important: You can adjust your 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.
- EB-1, EB-2, EB-2 NIW, EB-3 and EB-5 visas: The EB category (Employment Based) category refers to foreigners who intend to reside and get a green card based on professional achievements, career, academic training, specializations or investment, standing out in their field.
- E1, E2 and E3 visas: Aimed at professionals with special skills or executives from multinational companies, with different levels of preference.
- B1/B2 visa: Visa for tourism. It currently lasts 10 years and you can stay in the United States for up to 6 months.
- F visa: Dedicated to students. This visa covers a wide range of educational institutions, from universities to private primary schools.
- TN VisaSpecific for Canadian and Mexican citizens to work in the United States in certain professional occupations..
- H-1B VisaThis is a non-immigrant visa for professionals who have a job offer in the USA..
- K-1 VisaIf you are a US citizen wishing to bring your foreign fiancé(e) to the United States to get married.
- K-3 visa: 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 BasedDirect application for a Green Card, based on a degree of kinship. Other family members eligible to apply for a Green Card are described in the following family “preferred 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) of legal permanent residents;
Second preference (F-2B) – unmarried children (aged 21 and over) 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 or older).
After the immigrant visa has been approved and the process for obtaining a green card, known as adjustment of status or permanent residence registration, you will receive the Green Card.
Other relevant visas
There are other specific visas that are commonly required on the journey to living in the USA. They are:
- O-1 visa: For professionals with extraordinary ability in the sciences, arts, education, business or sports.
- L-1 visa: 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 several categories of Green Card, as well as their specific applications and requirements.
The most popular types of green card are:
- Family Green Card: Spouses, children and other close relatives of US citizens or permanent residents can apply for a Green Card.
- Green Card by Employment: Professionals with special skills may be eligible for a Green Card through a petition process by their employer.
Find out what the green card interview is like in our exclusive content on the subject.
Visa transition to live legally in the USA: Understand the difference between adjustment of status and change of status
Status adjustment e Change of Status are terms often used in the context of immigration to the United States and, although they have very similar meanings, they have different meanings. When you are already in the United States and adjust your statusyou are actually submitting the form I-485which is the green card form
. Ou seja, você está aplicando para se tornar permanent resident. The 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 look at each of them and give a practical example.
Change of Status
A change of status refers to the change from 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 visiting for a while, chooses to study in the country. The applicant then has a B1/B2 visa and chooses to change visa status to the F-1 student visa. Isso é uma troca de status.
This can happen in several other categories. The applicant can arrive in the USA on a student visa, study for a period and then apply to become a tourist for another six months.
An international student with F-1 visa who decides to work in the USA and therefore needs to change to an work visa (H-1B). It is also very common for people who have a J visa – non-immigrant visa issued to people who go to the USA to do an internship, a trainee program or a summer work and travel program (very common for Au Pair cases) – and choose to study after completing this program or even stay as a tourist for a period before returning to their country of origin.
Status adjustment
O adjustment of status is the process by which a foreign national who is lawfully in the U.S. on a nonimmigrant visa requests to change to permanent resident status. Ou seja, obter o Green Card.
For example: Imagine that a person arrives in the United States on a tourist visa (B1/B2), meets an American citizen and, at some point, decides to get married. In order to be able to live legally in the US with her spouse, she will need to adjust her status to that of a permanent resident.
In short: Only adjustment of status allows you to live in the USA. That’s basically the difference between a change of status and an adjustment of status.
Main forms for living 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 a tourist or student visa.
- I-130: Form used by a U.S. 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 permit.
Why is the Tourist Visa extension not always approved?
A common mistake among visitors to the United States is the belief that extending a tourist visa is a simple and guaranteed process. The truth is that the approval of an extension depends on several factors and is not automatic.
The tourist visa (B-1/B-2) is granted on the basis of a declared intention to visit the United States for a limited period, for tourism or business.
When applying for an extension, the individual needs to demonstrate that the initial reason for travel is still valid and that there is no intention of residing in the United States permanently.
There is no limit to the number of extensions that can be requested. However, with each extension requested, release becomes more difficult to achieve.