Green Card for Brazilians: Understanding the path to permanent residence in the USA

Written by: Tensy Cordeiro

For those who dream of a life full of new opportunities, where you can build a promising career, offer a better future for your family and experience the vibrant culture of the United States, the Green Card is the key to opening those doors.

The most common ways to obtain a Green Card are through marriage or kinship to US citizens or employment in the country. But they are not the only ones.

Obtaining a green card has several stages and requirements, but it’s not as far away as many people make it out to be. With D4U Immigration by your side, your journey towards permanent residence in the USA becomes easy and safe.

Check out everything you need to know about the possible paths to obtaining a Green Card in this Complete Guide from D4U Immigration and stay one step ahead of realizing your dream of living in the United States.

Green Card

Green Card

To get a green card, the first step is to understand which immigration category you fall intofamily, professional, special immigrant, refugee or asylum status, among others. Each of these application categories has stages for the permanent immigration visa, each with specific criteria and requirements, as well as different types of immigrant visas e immigration forms associated with each one. In other words, the different categories that can lead you to the American Green Card serve to classify the possible paths, each with its own requirements and procedures.

The main categories and visas that lead to the Green Card are:

  1. Green Card by Kinship
  2. Green Card for Marriage
  3. Green Card based on Employment
  4. Green Card based on Investment (EB-5)

To clarify each one, D4U Immigration brings you everything you need to know about the green card categories, as well as the types of American visa that apply to each specific scenario.

1. Green Card by Parentage

The Kinship-based Green Card is granted to foreigners who are related to American citizens or legal permanent residents.

A kinship-based immigration is one of the most common ways for foreigners to obtain permanent residency in the United States and reunite with family members who are already American citizens or permanent residents.

Eligible relatives include:

  • Spouses of US citizens
  • Unmarried children under 21 of American citizens
  • Parents of American citizens
  • Unmarried siblings of American citizens
  • Married siblings of American citizens: The F4* category

*Married siblings of US citizens may be eligible for a Green Card, but generally fall into a different category and have longer waiting times than unmarried siblings. This category is known as Fourth Preference (F-4 visa)and is intended for brothers and sisters together with their minor children. Check out our exclusive content on Consular Process for the Green Card here.

Types of green card visas by relation

The types of visa that apply to the Green Card based on kinship are:

  • IR-2 visa: For unmarried children of a US citizen who have not yet turned 21.
  • IR-3 visa: For children adopted abroad by a US citizen.
  • F2A visa: For spouses and unmarried children of legal permanent residents (i.e. those who already have a Green Card).
  • F2B visa: For unmarried adult children (over 21) of legal permanent residents of the United States.
  • F4 visa: For siblings (single or married) and married children of American citizens.

The information provided is for information purposes only and is not a substitute for immigration advice from a specialized professional.

Each case’s situation is unique and immigration experts can provide personalized guidance, ensuring greater practicality and precision in your journey to the Green Card.

2. Green Card by Marriage

The Marriage-based Green Card is part of the Kinship-based Green Card category and is granted to foreigners who marry a US citizen, guaranteeing a visa to stay and practically the same rights as a US citizen in the USA.

Important: For the application and approval of the Green Card by marriagethe marriage must be legitimate and not just for immigration purposes. As this is one of the most requested applications, we have detailed some of the main questions about how to get a green card by marriage.

Wedding venue

Green cards for marriage are based on two scenarios:

  1. Marriage in the United States
  2. Marriage outside the United States

K-1 visa

In the case of marriage in the United Statesthe visa that applies is the K-1 Visa (Fiancé).

If you are planning to marry a US citizen in the United States, you can apply for a K-1 visa. With this visa, you can travel to the United States to marry your partner within a 90-day period.

After the wedding, you can apply for adjustment of status to obtain a green card.

Status adjustment

If you are already in the United States on another type of visa and have married a US citizen, you can apply for adjustment of status directly to obtain a green card.

I-130 petition

In the case of Green Card for marriage outside the United States you must submit the I-130 petition.

In other words, if you are married to a US citizen and living in your home country, your spouse can file the I-130 petition for you. Once approved, you can apply for a green card.

Conditional Green Card

There is also the Conditional Green Cardwhich applies to:

  • Weddings of less than 2 years: If you have been married to a US citizen for less than two years at the time of obtaining the Green Card, you will receive a conditional Green Card. This means that the Green Card will be valid for two years.
  • Removing the condition: After two years, you will need to apply to remove the condition in order to obtain a 10-year green card. To do this, you and your spouse need to prove that the marriage is genuine and that you are still together.

Influencing factors

The main factors that influence obtaining a Green Card by marriage are:

  • Length of marriage: Long-standing marriages are generally seen as more solid and can make it easier to obtain.
  • Documentation: It is essential to present all the necessary documents to prove the authenticity of the marriage and the relationship between the spouses.
  • Immigration history: Your immigration history, including previous trips to the United States and other visa applications, may be analyzed.
  • Interview: You and your spouse may be called for an interview at the consulate or at a USCIS office.

Check out the content on: Green Card Interview

3. Employment Based Green Card

The Employment-Based Green Card is granted to foreigners who have a job offer in the United States and who meet the specific requirements of each job category.

They are eligible for the employment-based green card:

  • Specialized workers: Professionals with special skills in high-demand fields can obtain a green card by petitioning an employer in the United States.
  • Investors: Individuals who invest a significant amount in a business in the United States may qualify for a green card.
  • Religious workers: Members of religious congregations may also be eligible.

Types of employment-based green card visas

The categories of American visa for the employment-based Green Card are:

  • EB-1 visa: Professionals with extraordinary abilities, internationally renowned researchers, athletes and multinational executives.
  • EB-2 visa: For professionals with a master’s or doctorate degree or equivalent experience in an area of specialization.
  • EB-3 visa: For skilled workers, professionals with a university degree and unskilled workers.
  • EB-4 visa: For religious and special government officials.
  • EB-5 visa: For investors who create jobs in the United States.

Check out the content on: How to work in the USA: check out the complete step by step

4. Green Card by Investment (EB-5 Program)

The Green Card by Investment (EB-5 Program) allows foreigners to obtain permanent residence in the United States through a significant investment in a business in US territory that generates jobs.

The EB-5 program is popular with entrepreneurs and investors who wish to expand their businesses to the United States, as it offers a fast and efficient fast and efficient way to obtain permanent residency in the United States through a significant investment in the American economy. By investing in a government-approved venture, the investor and their family can qualify for a green card.. This form of immigration not only allows you to live and work in the United States, but also to contribute to the country’s economic growth. The minimum investment amount can vary, but is generally US$ 800,000 for projects located in areas of high unemployment or in rural areas (known as “Targeted Employment Areas”). “Targeted Employment Areas

or TEAs). Outside of TEAs, the minimum amount is US$1,050,000.

With D4U Immigrationyou have access to a diversified portfolio of investment projects and the support of immigration experts to guide you through the entire journey, from choosing an investment to obtaining your Green Card.

5. What to look out for when you have a green card

The Returning Resident-based Green Card is a specific category that applies to individuals who already have a Green Card (permanent residence card in the United States) and wish to return to the country after a period of absence.

Imagine the following situation: you have a Green Card but need to travel to your country of origin for an extended period of time. When you return to the United States, you may find yourself in a number of situations:

  • Loss of green card: If you are absent from the United States for more than a year, you may be considered to have abandoned your permanent residence. In this case, you could lose your green card.
  • Difficulties re-entering: Even with a green card in hand, you may face difficulties re-entering the United States, especially if you are away for a long period.

To avoid these problems, there are two main options:

  1. Reentry Permit: If you intend to be absent from the United States for up to two years, you can apply for a Reentry Permit. This document proves your intention to return and allows you to return to the United States without any major problems.
  2. Returning Resident Visa: If you have been away for more than a year and wish to return, you can apply for a Returning Resident Visa. This visa proves that you maintain your permanent resident status and allows you to return to the United States as a permanent resident.

Basically, the Returning Resident Visa is indicated for those who already have a Green Card but will be absent from the United States for more than a year and wish to maintain their permanent resident status.

Ways to Get a Green Card: How to get a green card if you’re Brazilian

How to get a green card if you're Brazilian

Generally speaking, the path to obtaining a green card as a Brazilian involves the following steps:

  1. Identify the category: Determine which green card category applies to your situation.
  2. Gather documentation: Prepare all the necessary documents, such as birth certificates, proof of income, work history, etc.
  3. Fill in the forms: Complete the immigration forms specific to your category.
  4. Pay the fees: Pay the processing fees.
  5. Schedule the interview: Schedule a biometric interview and possibly an interview with an immigration officer.

Wait for the decision: Approval depends on several factors that can vary for each individual on the journey. Waiting for the approval decision can take days or months. At D4U we have had cases of approval in as little as 14 days.

Important considerations

  • Immigration advice: It is highly recommended to hire a specialized immigration expert to assist you throughout your journey, as immigration laws are complex and subject to change.
  • Processing time: Processing time can vary significantly depending on the category, the service center and the complexity of the case.
  • Specific requirements: Each category of green card has specific requirements that must be met.
  • Changes in the law: Immigration laws in the United States are constantly changing, so it’s important to be up to date on the latest regulations.

Important: The information provided in this guide is of a general nature and does not constitute legal advice. For precise information on your specific case, please consult our immigration experts.

Green Card forms

Green Card form

The forms to apply for a Green Card are essential to start the journey of immigration to the United States.

Each stage requires the completion of specific forms, which must be sent to the United States Citizenship and Immigration Services (USCIS).

The complexity and number of forms vary according to the category of immigrant and their particular situation.

The most common forms used to obtain a Green Card are:

Form I-485 (Application for Registration of Permanent Residence or Adjustment of Status)

The main form for applying for a Green Card, used by those who are already in the United States and wish to adjust their status to permanent resident.

Form I-130 (Petition for Foreign Relative)

Used by a US citizen or legal permanent resident to sponsor a foreign relative to obtain a Green Card.

Form I-140 (Immigrant Petition for Foreign Worker)

Used by an employer to sponsor a foreign worker to obtain a Green Card.

Form I-526 (Immigrant Petition by Investor)

Used to apply for a Green Card through a significant investment in the United States.

Form DS-260 (Immigrant Visa Application Form)

Filled out online, this form is used to apply for an immigrant visa at a US consulate abroad.

Form I-601 (Application for Exemption from Inadmissibility)

Used by those who may be considered inadmissible to the United States for certain reasons (such as a criminal conviction), but who apply for an exemption.

Form I-765 (Employment Authorization)

Used to request a work permit while the status adjustment is in progress.

Form I-131 (Travel Document Request)

Used to request a travel document (advance parole) while the status adjustment is in progress.

Which type of visa is right for you?

The choice of visa to obtain a Green Card depends on your individual situation and your objectives. It is essential to carefully analyze the requirements of each category and seek advice from an immigration specialist to determine which option is best for you.

Tensy Cordeiro

Tensy Cordeiro é formada em Administração de Empresas pela Universidade Salvador (UNIFACS) e possui mais de 20 anos de experiência em gerenciamento de negócios, com destaque para sua sólida trajetória em liderança de equipes, otimização de processos e construção de relacionamentos com clientes. Focada em aumentar a eficiência operacional e impulsionar o crescimento organizacional, é reconhecida por sua capacidade de implementar soluções com resultados consistentes e sustentáveis.

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