Questions we hear every week

How long does the K-1 visa take?

On average, 8-16 months from I-129F filing to visa in hand. The process goes through USCIS (I-129F approval, 6-12 months), NVC (transfer, 1 month), and consular interview (1-3 months). Brazilians are processed at the São Paulo consulate.

What happens if you don't marry within 90 days on K-1?

The foreign fiancé must leave the US. K-1 cannot be extended and cannot be converted to another status. Marrying after 90 days to someone else also doesn't resolve it — marriage must be to the petitioner within the window, or the process restarts from zero with a new I-130.

K-1 or CR-1: which is better?

Depends on urgency and marital status. K-1 is faster for reuniting the couple in the US (8-16 months vs 12-18 for CR-1), but requires post-marriage adjustment of status (extra ~$1,400 + 6 additional months). CR-1 is cheaper overall and enters the US already as a Green Card holder.

What are the K-1 requirements?

The petitioner must be a US citizen, both must be legally free to marry, and they must have met in person within the past 2 years (limited cultural or religious exceptions exist). The petitioner must also meet income requirements (125% of Federal Poverty Guidelines).

What are the L-1A requirements?

Four main requirements: (1) qualifying corporate relationship between Brazilian and US company (parent-subsidiary, affiliates, common-control JV); (2) parent active for 1+ year; (3) transferee worked at parent in executive or managerial role for 1 continuous year in the past 3; (4) US role is also executive/managerial.

Does L-1A lead to the green card?

Yes, via EB-1C (multinational manager/executive). EB-1C has the same base requirements as L-1A — corporate relationship, 1 year at parent, executive/managerial role on both sides. Typical strategy: L-1A for 12-18 months, then I-140 EB-1C + I-485. Total L-1A → green card: ~3.5 years, no backlog for Brazilians.

Can I open a new US company on L-1A?

Yes, this is 'New Office' L-1A. Initial validity is 1 year (vs 3 for standard L-1A), and USCIS reassesses at renewal — you must prove the company is genuinely operating with employees and revenue, not just on paper. Requires detailed business plan, physical space, and documented runway.

Does EB-2 NIW require a master's degree?

Not strictly. The default is a master's or higher, but a bachelor's plus 5 years of progressive post-bachelor experience is accepted by USCIS as equivalent. Applicants without a master's must document post-graduation experience thoroughly (roles, responsibilities, impact projects).

What is the EB-2 NIW approval rate?

USCIS historical rate is around 80-90% for well-prepared petitions. At Pinho Law our rate is near 90% because we curate cases before accepting them — we don't file petitions with weak underlying fundamentals. The quality of the Dhanasar 3-prong dossier is the decisive factor.

EB-2 NIW or EB-1A: which is easier?

EB-2 NIW is significantly easier. The Dhanasar test is about national interest and positioning, while EB-1A requires proof of extraordinary ability at the top of the field (3 of 10 USCIS criteria with a high bar). Senior professionals without international fame typically fare better on NIW.

How long does EB-2 NIW take in 2026?

In 2026, regular I-140 takes 8-14 months; with Premium Processing ($2,805) the decision arrives in 45 calendar days (~2 months). For Brazilians, since Brazil is CURRENT on the Visa Bulletin, the I-485 or consular process can follow immediately after I-140 approval — total 10-16 months with premium.

Can I apply for EB-2 NIW with only a bachelor's degree?

Yes, provided you have 5+ years of progressive post-bachelor experience. USCIS accepts the equivalence (bachelor's + 5 years = master's). The experience must be documented with employer letters detailing role, responsibilities, and progression — not just a work history list.

Why do EB-2 NIW petitions receive RFE?

Most common reasons: (1) weak second prong — evidence doesn't convince USCIS the applicant is 'well-positioned' to advance the endeavor; (2) generic third prong — no case-specific argument for why waiving labor cert benefits the US; (3) vague proposed plan without timelines or metrics.

Does Premium Processing help on EB-2 NIW?

Yes, significantly — especially if Brazil is CURRENT (as in 2026). With premium ($2,805 extra), USCIS decides in 45 calendar days — turning a year-long process into 2 months. Highly recommended for those who can afford to accelerate.

Is there a backlog for EB-2 NIW for Brazilians?

As of April 2026, Brazil is CURRENT on the Visa Bulletin for EB-2 — no backlog. This means once I-140 is approved, I-485 or consular processing can proceed immediately. It's a historic window that could close if demand increases.

What is the EB-5 minimum investment in 2026?

$800,000 in a TEA (Targeted Employment Area — rural or high-unemployment) or $1,050,000 in non-TEA. Rural TEA is the most popular path because the 20% visa set-aside for that category keeps Brazil CURRENT. Amounts are CPI-adjusted every 5 years — next adjustment expected 2027.

What is the advantage of rural TEA in EB-5?

Three combined advantages: (1) $800K investment (vs $1.05M); (2) 20% annual EB-5 visa set-aside — much shorter queue; (3) priority USCIS processing (~12-24 months vs 24-60 for standard EB-5). For Brazilians, combined with Brazil CURRENT: green card in ~14-18 months.

Is Brazil CURRENT on EB-5?

Yes, Brazil is CURRENT in every EB-5 category in the April 2026 Visa Bulletin — no backlog. That includes Unreserved, Rural TEA, Urban TEA, and Infrastructure. It's a historic window; countries like China (10+ year queue) and India (3-5 years) don't have this freedom.

Can Brazilians get an E-2 visa?

Brazil is NOT an E-2 treaty country. But Brazilians with second citizenship from a treaty country (Portugal, Italy, Spain, Germany, Grenada, among others) can qualify. The dual-citizenship strategy is common for Brazilians with European ancestry or Caribbean citizenship-by-investment.

What is the minimum investment for the E-2?

There's no official minimum — USCIS uses the 'substantial investment' concept proportional to the business. In practice, investments below $100,000 are rarely approved. A healthy baseline is $150,000-$200,000 for service businesses, and more for franchises or inventory-heavy operations.

Can the E-2 visa be renewed indefinitely?

Yes, E-2 is renewable in up to 5-year increments indefinitely — as long as the business remains active and job-generating. Some Pinho Law clients are on their 4th or 5th renewal. The key is keeping the business viable and documenting the operation.

Does the E-2 visa lead to the green card?

Not directly — E-2 has no dual intent. But E-2 is an excellent platform to transition to EB-5 (if you've already invested $800K+), EB-1A (if you've developed an extraordinary-ability profile), or EB-2 NIW (if your business has national-interest impact). The E-2 → NIW path is common among entrepreneurs.

Green card vs US citizenship: what's the difference?

Green card = Lawful Permanent Resident (LPR). Right to live and work in the US without a visa, but you remain a foreign citizen. Citizenship = full rights: voting, US passport, sponsoring parents/siblings, deportation protection, federal jobs. LPR can apply for citizenship after 5 years (3 if married to USC).

I'm out of status in the US — what are my options?

Options depend on time out of status, whether you've left the US, and the type of violation. Possible paths: regularization through USC marriage (if eligible), consular petition with I-601 waiver for 3/10-year bars, asylum application (if basis exists), or voluntary departure to reset. Do NOT take any action without consultation — mistakes here cost years.

Can I change visa category while inside the US?

Often yes, via I-539 (nonimmigrant change of status) or I-485 (adjustment to green card). Depends on current status being valid, the new visa allowing internal change (H-1B, L-1, O-1 do; F-1 is more restricted), and no violations. Traveling to Brazil during the change can invalidate the request.

Does Brazil allow dual citizenship with the US?

Yes. Brazilian Constitution (Art. 12, §4, II) preserves Brazilian citizenship when US naturalization is a condition for permanence or civil rights — which applies to virtually every Brazilian living in the US. US side also recognizes dual citizenship. In practice: travel with both passports.

How much does an immigration attorney in Florida cost?

Depends entirely on case type. Orlando 2026 market references: EB-2 NIW $6,500-$12,000; EB-1A $8,000-$15,000; E-2 $5,000-$9,000; L-1A $5,500-$9,500; K-1 $3,500-$7,000; EB-5 $15,000-$30,000. Pinho Law offers initial consultation to scope and quote a flat fee — no surprises later.

Can I consult with an immigration attorney online?

Yes. Pinho Law serves clients across the US and abroad via Zoom in Portuguese, English, and Spanish. We serve Brazilians in Brazil, Portugal, Florida, and any US state — immigration jurisdiction is federal, so a Florida-licensed attorney can represent in any USCIS case.

What does "priority date current" mean?

Priority date is when your case entered the Visa Bulletin queue. "Current" means your category and country have no backlog — you can proceed immediately to the next step (I-485 or DS-260). For Brazil in 2026, EB-1, EB-2, and EB-5 are CURRENT; EB-3 has a small backlog.

I fear deportation — what should I do?

First: do NOT make impulsive decisions (leaving the country, rushed marriage, unauthorized work). Second: consult an immigration attorney immediately for case evaluation — many situations have non-obvious solutions (waivers, asylum, spousal petitions, skilled-worker protection). Third: preserve ALL entry, exit, and status documents.