Moving to another country is one of the biggest transformations that can occur in a family’s life. Leaving behind relatives, friends, your native language, and going to live in a new place with unfamiliar people, a different language, and a different culture can be daunting. Many leave behind a brilliant career in their home countries and take some time (or a lot) to establish themselves professionally in a new nation. People who were distinguished in their home countries face anonymity in another country. These are normal obstacles in the immigrant’s adaptation process. However, this adaptation is even more painful when the move is made without planning, in a hurry, based on what a “cousin” said or what a famous “YouTuber” talked about. This is because the immigration consequences of errors made due to lack of planning can have a huge impact, sometimes irreparable.
Unfortunately, we have seen many families arriving “lock, stock, and barrel” from Brazil, with a tourist visa, and then thinking about their permanent stay in the U.S. They enroll their children in school (violating immigration laws), rent a house, and when a few months remain before their authorized stay expires, they decide to extend the tourist visa. This is a trap that must be avoided because visa renewal (which is only valid for six months) has taken much longer than six months to be approved. In other words, when the approval arrives (if it arrives), the person is already out of status. Moreover, even if the person then decides to apply for another visa, such as L-1 (business transfer), F-1 (student), or some type of green card, they have to do so in a very short time frame, without adequate planning and without the necessary time. In other words, the tourist visa is not the appropriate visa for those who want to come to the United States and stay.
Consulting an immigration lawyer at the beginning of immigration plans will bring peace and confidence during the move to the United States, minimizing some of the anxiety that normally exists with the move to another country. Moreover, it will reduce risks and costs, which can become very high if the person needs to make appeals, or worse – be out of status and placed in deportation. Immigration planning should aim at both short-term and long-term plans, addressing areas relevant to the family. For example, a Brazilian executive will be transferred by his company to a branch in the U.S. He is married and has an 18-year-old son. The company should handle the entire L-1 process while the executive is in Brazil and, once approved, he will go to the consulate with his family to obtain the visa. Thus, they already enter with the appropriate visa and the executive can immediately start working at the branch; the son can start studying; and the wife can apply for a work permit and soon resume her career. In the long term, if they are interested, they will need a well-crafted plan to obtain permanent residence before the son turns 21, so he can be included in the process. Certainly, there are surprises that may arise, even in the most concrete plans, such as requests for additional evidence from immigration, which cause delays. Even so, appropriate immigration planning, defining the case strategy, provides a secure foundation for the family to make a smooth transition to their new life in the United States.
