Brazil Immigration Lawyer in Chicago

Attorneys for Brazilian Immigrants Moving to Chicago

Many individuals and families from Brazil choose to immigrate to the United States in search of new opportunities or to reunite with loved ones. However, navigating the complex U.S. immigration system can be challenging. If you are an immigrant from Brazil who is planning to resettle in the United States, or if you are a family member or employer who wishes to sponsor a Brazilian immigrant for a visa, it is important to understand the laws that apply to you and the requirements you will need to meet. Two common paths toward obtaining lawful permanent resident status include family-based visas and employment-based visas.

Family-Based Visas

The family-based visa category allows U.S. citizens or lawful permanent residents (Green Card holders) to sponsor certain relatives for immigration. Immigrants from Brazil who have family members who are already living in the United States can apply for family-based visas. Depending on the status of a sponsor and their relationship with an immigrant, different types of visas may be available.

Immediate relatives of U.S. citizens, including spouses, unmarried children under 21 years old, and parents (if the sponsor is at least 21 years old), have priority when applying for visas. Immediate Relative (IR) visas do not have any numerical limitations, and there will usually be no wait times required for visa availability. Because of these advantages, IR visas are often the best option for qualifying relatives, and a person from Brazil who has an immediate family member who is a U.S. citizen will often be able to immigrate to the United States quickly.

For those who do not have qualifying immediate relatives who are U.S. citizens, there are other options for applying for visas. Family Preference (F) visas may be used in these situations, but only a certain number of these visas may be granted each year, and immigrants may need to wait until a visa becomes available. F visas are issued based on the following preference categories:

1. F-1 - Unmarried children (over 21 years old) of U.S. citizens
2. F-2A - Spouses and unmarried children (under 21 years old) of lawful permanent residents
3. F-2B - Unmarried children (over 21 years old) of lawful permanent residents
4. F-3 - Married children of U.S. citizens
5. F-4 - Brothers or sisters of adult U.S. citizens

Employment-Based Visas

For Brazilian immigrants who have received job offers from U.S. employers, employment-based visas may provide a pathway to come to the United States. Certain types of immigrant visas known as EB visas will allow foreign workers to obtain lawful permanent residency, while other temporary work visas such as H-1B visas will allow workers to stay in the U.S. for a few years.

Employment-based immigrant visas generally fall into the following preference categories:

1. EB-1 - Priority Workers: This category includes individuals with extraordinary abilities in sciences, arts, education, business, or athletics, as well as accomplished professors and academic researchers and executives and managers of multinational companies.
2. EB-2 - Professionals Holding Advanced Degrees or Persons of Exceptional Ability: This category includes individuals who hold advanced degrees beyond a bachelor's degree or those who can demonstrate exceptional ability in the sciences, arts, or business.
3. EB-3 - Skilled Workers, Professionals, and Other Workers: This category includes skilled workers with at least two years of experience in their field, professionals with bachelor's degrees or equivalent levels of education, and other workers who perform unskilled labor that is not temporary or seasonal.
4. EB-4 - Special Immigrants: This category covers various immigrant classifications such as religious workers, broadcasters, Iraqi/Afghan translators who have worked for the U.S. government, international organization employees, certain types of physicians, and people who have served in the United States military.
5. EB-5 - Immigrant Investors: The EB-5 program allows foreign investors to obtain Green Cards by investing capital into new commercial enterprises that create jobs for U.S. workers. There are specific investment requirements associated with this program.

The Green Card Process

A Green Card grants lawful permanent resident status to immigrants in the United States. It provides numerous benefits including living and working permanently anywhere within the country without restrictions on employment choices. Green Card holders will usually be permitted to leave and re-enter the United States when necessary.

The process of obtaining a Green Card typically involves the following steps:

1. Sponsorship: A U.S. citizen or lawful permanent resident must file a petition on behalf of the immigrant.
2. Visa availability: Depending on the preference category and country of origin, there may be waiting periods due to annual numerical limits set by law.
3. Adjustment of Status or Consular Processing: Once an immigrant visa becomes available, people who are already in the United States can file an application to adjust their status. Immigrants may also go through consular processing at a U.S. embassy or consulate abroad.

The specific requirements and procedures for each step vary depending on the type of visa. It is crucial to consult with an experienced immigration lawyer who can assist you during this complex process and ensure that all required documentation is gathered, organized, and submitted correctly.

Contact Our Chicago Brazil Immigration Attorneys

If you are planning to immigrate to the United States from Brazil, or if you are planning to sponsor a Brazilian immigrant for a visa or Green Card, it is essential to have knowledgeable legal representation throughout your journey. At Khan Nayyar & Associates, LLC, our team has extensive experience assisting individuals with family-based and employment-based immigration matters. We understand how important this process is for you and your loved ones, which is why we provide personalized attention to help you navigate through complex immigration laws. To learn more about your options and the requirements you will need to meet, contact us at 630-529-9377 to schedule a consultation today.