Immigration Law in the USA for Brazilians

Frequently Asked Questions — Immigration

How long does a marriage-based green card (CR-1/IR-1) to a US citizen take?

For marriage to a US citizen via Adjustment of Status (already inside the US), typically 10 to 13 months from filing to approval. Priority date is always CURRENT — there is no Visa Bulletin queue for this category. Cases with well-responded RFEs usually approve within 5 additional months.

Are Brazilians on a queue for EB-2 NIW in 2026?

No. Brazilians are CURRENT (no queue) for EB-1, EB-2 NIW, EB-2 PERM, and EB-3 in the April 2026 Visa Bulletin. EB-5 is also CURRENT across all Reserved categories (Rural/TEA, Urban/TEA, Infrastructure). This window is the best combined timeline for Brazilians since 2018.

Can Brazilians apply for an E-2 Treaty Investor visa?

Not directly — Brazil is NOT an E-2 treaty country. Brazilians only qualify with second citizenship from a treaty country (Portugal, Italy, Grenada, Turkey, Spain, etc.). Without second citizenship, the typical paths are L-1A, EB-5, or EB-2 NIW.

EB-2 NIW vs Trump Gold Card — which to choose in 2026?

EB-2 NIW remains the most solid path for Brazilian professionals: self-petition, no job offer, no PERM, merit-based (Dhanasar 3-prong test). The proposed Trump Gold Card ($5M) does not have final regulations as of April 2026 and does not replace EB-2 NIW for most cases. We assess both paths during the consultation.

US Naturalization — when can I apply?

5 years as a green card holder (continuous residence + physical presence), or 3 years if married to a US citizen. Brazil allows dual citizenship (Constitution Art. 12 §4 II) — you do not lose Brazilian citizenship when naturalizing as American. Average N-400 filing-to-oath: 6 to 12 months.

How does the first consultation work?

In up to 45 minutes the Pinho Law team reviews your case, maps the available paths, and you leave with a clear strategic recommendation. We work in Portuguese, English, or Spanish. To schedule, visit the consultation page.