Planning a trip from Brazil to the United States? You might be wondering, “Can Brazilians travel to USA?” The short answer is yes, Brazilians can travel to the USA, but generally need a visa. SIXT.VN is here to guide you through the process, making your dream vacation or business trip a reality. We offer comprehensive travel solutions, from visa application assistance to comfortable airport transfers in Vietnam, ensuring a smooth start to your journey after your US visit. Explore Vietnam’s beauty with ease!
Contents
- 1. Do Brazilians Need a Visa to Travel to the USA?
- 2. What are the Different Types of US Visas Available for Brazilians?
- 2.1. Tourist Visa (B-2)
- Eligibility Requirements
- Application Process
- 2.2. Business Visa (B-1)
- Eligibility Requirements
- Application Process
- 2.3. Student Visa (F-1)
- Eligibility Requirements
- Application Process
- 2.4. Exchange Visitor Visa (J-1)
- Eligibility Requirements
- Application Process
- 2.5. Other Visa Categories
- 3. How Can Brazilians Apply for a US Visa? A Step-by-Step Guide
- 3.1. Determine the Correct Visa Type
- 3.2. Complete the Online Visa Application Form (DS-160)
- Tips for Completing the DS-160 Form
- 3.3. Pay the Visa Application Fee
- Payment Methods
- Keep Your Receipt
- 3.4. Schedule Your Visa Interview
- Scheduling Process
- 3.5. Prepare for Your Visa Interview
- Tips for Preparing for Your Interview
- 3.6. Attend Your Visa Interview
- What to Expect During the Interview
- 3.7. Receive Your Visa (If Approved)
- Visa Delivery Options
- 4. What Documents Do Brazilians Need for a US Visa Application?
- 4.1. Required Documents for All Visa Types
- 4.2. Supporting Documents
- For Tourist (B-2) and Business (B-1) Visas
- For Student (F-1) Visas
- For Exchange Visitor (J-1) Visas
- 4.3. Additional Documents
- 5. What Are Some Common Reasons for US Visa Rejection for Brazilians?
- 5.1. Insufficient Ties to Brazil
- How to Demonstrate Strong Ties to Brazil
- 5.2. Insufficient Funds
- How to Demonstrate Sufficient Funds
- 5.3. Incomplete or Inaccurate Information on the DS-160 Form
- How to Avoid Mistakes on the DS-160 Form
- 5.4. Previous Visa Violations
- How to Address Previous Visa Violations
- 5.5. Criminal Record
- How to Address a Criminal Record
- 5.6. Misrepresentation or Fraud
- How to Avoid Misrepresentation or Fraud
- 5.7. Not Meeting the Eligibility Requirements for the Visa Category
- How to Ensure You Meet the Eligibility Requirements
- 6. How Long Can Brazilians Stay in the USA With a Tourist Visa?
- 6.1. The Standard Admission Period
- 6.2. The CBP Officer’s Discretion
- Factors That May Influence the CBP Officer’s Decision
- 6.3. The I-94 Form
- Accessing Your Electronic I-94 Form
- Checking Your Authorized Stay
- 6.4. Extending Your Stay
- Eligibility Requirements for an Extension of Stay
- How to Apply for an Extension of Stay
- 6.5. Overstaying Your Visa
- 7. Can Brazilians Work or Study in the USA With a Tourist Visa?
- 7.1. No Employment Allowed
- Consequences of Unauthorized Employment
- 7.2. No Academic Study Allowed
- Exceptions for Short-Term Recreational Classes
- 7.3. The Correct Visas for Work and Study
- Work Visas
- Student Visas
- 7.4. Changing Your Visa Status
- Eligibility Requirements for a Change of Status
- The Change of Status Process
- 7.5. Avoiding Visa Fraud
- 8. What is the Visa Waiver Program, and Are Brazilians Eligible?
- 8.1. How the Visa Waiver Program Works
- 8.2. Benefits of the Visa Waiver Program
- 8.3. Eligibility Requirements for the Visa Waiver Program
- 8.4. Are Brazilians Eligible for the Visa Waiver Program?
- 8.5. Dual Nationality Exception
- 8.6. Countries Participating in the Visa Waiver Program (as of 2024)
- 8.7. Future Possibility of Brazil Joining the VWP
- 9. What Happens if a Brazilian Overstays Their US Visa?
- 9.1. What Constitutes an Overstay?
- 9.2. Immediate Consequences of Overstaying
- 9.3. Long-Term Consequences of Overstaying
1. Do Brazilians Need a Visa to Travel to the USA?
Yes, generally, Brazilians need a visa to travel to the USA for tourism, business, or any other temporary purpose. A U.S. visa is required for all Brazilian citizens, including those who are simply transiting through the United States on their way to another international destination. However, there might be exceptions for Brazilians who also hold citizenship from a country participating in the Visa Waiver Program.
The need for a visa stems from U.S. immigration law, which requires most foreign nationals to obtain a visa before entering the country. This allows the U.S. government to screen travelers and ensure they meet the requirements for admission. The type of visa required depends on the purpose of the trip. Common visa types for Brazilians include:
- B-1/B-2 Visa: For tourism, vacation, medical treatment, and business travel.
- F-1 Visa: For academic studies.
- J-1 Visa: For exchange visitors, such as students and researchers.
It’s important to understand that having a visa doesn’t guarantee entry into the U.S. Upon arrival, a Customs and Border Protection (CBP) officer will review your documents and determine your admissibility.
2. What are the Different Types of US Visas Available for Brazilians?
The United States offers a variety of visas to accommodate different travel purposes. For Brazilians planning a trip to the USA, understanding the different visa types is crucial to ensure a smooth and legal entry. Here’s a breakdown of some of the most common US visa categories for Brazilians:
2.1. Tourist Visa (B-2)
The B-2 visa is designed for Brazilians traveling to the United States for tourism, vacation, or medical treatment. This visa allows you to:
- Explore tourist attractions.
- Visit family and friends.
- Seek medical treatment.
- Participate in recreational activities.
Eligibility Requirements
To be eligible for a B-2 tourist visa, you must demonstrate that:
- Your trip is temporary and for tourism or medical purposes.
- You have sufficient funds to cover your expenses during your stay.
- You have a residence in Brazil that you intend to return to.
- You are not intending to immigrate to the United States.
Application Process
The application process for a B-2 visa involves:
- Completing the DS-160 form: This is the online nonimmigrant visa application form.
- Paying the visa application fee: The fee is non-refundable and must be paid before scheduling an interview.
- Scheduling an interview: This can be done through the U.S. Embassy or Consulate website.
- Attending the visa interview: Be prepared to answer questions about your travel plans, financial situation, and ties to Brazil.
2.2. Business Visa (B-1)
The B-1 visa is for Brazilians traveling to the United States for business-related activities. This includes:
- Consulting with business associates.
- Attending conferences or seminars.
- Negotiating contracts.
- Participating in short-term training.
Eligibility Requirements
To qualify for a B-1 business visa, you must show that:
- Your trip is temporary and for legitimate business purposes.
- You have sufficient funds to cover your expenses during your stay.
- You have a residence in Brazil that you intend to return to.
- You are not seeking employment in the United States.
Application Process
The application process for a B-1 visa is similar to that of the B-2 visa, involving:
- Completing the DS-160 form.
- Paying the visa application fee.
- Scheduling an interview.
- Attending the visa interview.
2.3. Student Visa (F-1)
The F-1 visa is for Brazilians who wish to pursue academic studies in the United States. This includes:
- Attending a university or college.
- Studying at a private elementary or high school.
- Enrolling in an English language program.
Eligibility Requirements
To be eligible for an F-1 student visa, you must:
- Be accepted into a Student and Exchange Visitor Program (SEVP)-approved school.
- Demonstrate sufficient funds to cover your tuition, living expenses, and other costs.
- Intend to return to Brazil after completing your studies.
Application Process
The application process for an F-1 visa includes:
- Receiving an I-20 form: This is a Certificate of Eligibility for Nonimmigrant Student Status issued by the SEVP-approved school.
- Paying the SEVIS fee: This fee supports the Student and Exchange Visitor Information System (SEVIS).
- Completing the DS-160 form.
- Paying the visa application fee.
- Scheduling an interview.
- Attending the visa interview.
2.4. Exchange Visitor Visa (J-1)
The J-1 visa is for Brazilians participating in exchange programs in the United States. These programs include:
- Au pair programs
- Summer Work and Travel programs
- Internships
- Research and teaching positions
Eligibility Requirements
To qualify for a J-1 exchange visitor visa, you must:
- Be accepted into a designated exchange program.
- Meet the eligibility criteria for the specific program.
- Demonstrate sufficient funds to cover your expenses.
- Comply with the two-year home-country physical presence requirement, if applicable.
Application Process
The application process for a J-1 visa involves:
- Receiving a DS-2019 form: This is a Certificate of Eligibility for Exchange Visitor Status issued by the designated program sponsor.
- Paying the SEVIS fee.
- Completing the DS-160 form.
- Paying the visa application fee.
- Scheduling an interview.
- Attending the visa interview.
2.5. Other Visa Categories
Besides the common visa types mentioned above, there are other US visa categories available for Brazilians, depending on their specific travel purposes. These include:
- H-1B Visa: For specialty occupations requiring theoretical or technical expertise.
- L-1 Visa: For intracompany transferees.
- O-1 Visa: For individuals with extraordinary ability or achievement.
- P-1 Visa: For athletes and entertainers.
It’s crucial to identify the visa category that aligns with your purpose of travel to the United States. Each visa type has specific requirements and application procedures, so it’s essential to research and prepare accordingly. SIXT.VN can help you navigate these complexities, ensuring a smooth and successful visa application process.
3. How Can Brazilians Apply for a US Visa? A Step-by-Step Guide
Applying for a US visa can seem daunting, but by following a structured approach, Brazilians can navigate the process with greater ease. Here’s a step-by-step guide to help you through the application:
3.1. Determine the Correct Visa Type
The first step is to identify the correct visa type based on your purpose of travel. Are you traveling for tourism (B-2), business (B-1), study (F-1), or an exchange program (J-1)? Each visa category has specific requirements and application procedures, so it’s crucial to choose the right one. Refer to the previous section for a detailed overview of the different US visa types available for Brazilians.
3.2. Complete the Online Visa Application Form (DS-160)
Once you’ve determined the correct visa type, you’ll need to complete the online visa application form, known as the DS-160. This form collects detailed information about your background, travel plans, and reasons for visiting the United States.
Tips for Completing the DS-160 Form
- Be accurate and truthful: Provide accurate information and answer all questions honestly. Any false statements or inconsistencies can lead to visa denial.
- Gather all necessary documents: Before starting the form, collect all required documents, such as your passport, travel itinerary, and any supporting documents related to your purpose of travel.
- Save your application frequently: The DS-160 form can time out if left inactive for too long, so save your progress regularly to avoid losing your data.
- Print the confirmation page: After completing the form, print the confirmation page with the barcode. You’ll need this for scheduling your visa interview.
3.3. Pay the Visa Application Fee
After submitting the DS-160 form, you’ll need to pay the non-refundable visa application fee. The fee amount varies depending on the visa type. You can find the current fee schedule on the U.S. Embassy or Consulate website in Brazil.
Payment Methods
The visa application fee can typically be paid online using a credit or debit card. Some U.S. Embassies and Consulates may also accept payment in person at designated banks.
Keep Your Receipt
After paying the fee, make sure to keep the receipt or payment confirmation. You’ll need this as proof of payment when scheduling your visa interview.
3.4. Schedule Your Visa Interview
Once you’ve paid the visa application fee, you can schedule your visa interview at the U.S. Embassy or Consulate in Brazil. The availability of interview slots can vary, so it’s best to schedule your appointment as early as possible.
Scheduling Process
- Visit the U.S. Embassy or Consulate website: Find the official website of the U.S. Embassy or Consulate in Brazil.
- Create an account: You’ll need to create an account on the visa appointment system.
- Enter your DS-160 confirmation number: This number is located on the confirmation page you printed after completing the DS-160 form.
- Pay the visa application fee: If you haven’t already paid the fee, you’ll be prompted to do so.
- Select an available interview date and time: Choose a date and time that works best for you.
- Print your appointment confirmation: After scheduling your appointment, print the confirmation page. You’ll need this when you attend your interview.
3.5. Prepare for Your Visa Interview
The visa interview is a crucial part of the application process. It’s an opportunity for a consular officer to assess your eligibility for a visa and determine whether you meet the requirements for admission to the United States.
Tips for Preparing for Your Interview
- Review your DS-160 form: Familiarize yourself with the information you provided on the DS-160 form. Be prepared to answer questions about your travel plans, financial situation, and ties to Brazil.
- Gather supporting documents: Collect all necessary supporting documents, such as your passport, travel itinerary, bank statements, and letters of support.
- Dress professionally: Dress in professional attire for your visa interview. This shows respect for the consular officer and demonstrates that you take the process seriously.
- Be confident and truthful: Answer questions honestly and confidently. Maintain eye contact and speak clearly.
3.6. Attend Your Visa Interview
On the day of your visa interview, arrive at the U.S. Embassy or Consulate at least 30 minutes before your scheduled appointment time. Bring all required documents, including your passport, DS-160 confirmation page, appointment confirmation, and supporting documents.
What to Expect During the Interview
- Security screening: You’ll be subject to a security screening before entering the embassy or consulate.
- Waiting area: You’ll wait in a designated waiting area until your name is called.
- Interview with a consular officer: You’ll be interviewed by a consular officer who will ask you questions about your travel plans, financial situation, and ties to Brazil.
- Visa decision: After the interview, the consular officer will inform you of their decision. If your visa is approved, you’ll receive instructions on how to retrieve your passport with the visa.
3.7. Receive Your Visa (If Approved)
If your visa application is approved, your passport with the visa will be returned to you. The processing time for visa issuance can vary, so it’s essential to check the U.S. Embassy or Consulate website for the latest information.
Visa Delivery Options
You may be able to choose to have your passport delivered to your home or pick it up at a designated location. Make sure to follow the instructions provided by the U.S. Embassy or Consulate.
Congratulations! With your US visa in hand, you’re now ready to embark on your trip to the United States. Remember to plan your itinerary, book your accommodations, and familiarize yourself with U.S. customs and regulations.
4. What Documents Do Brazilians Need for a US Visa Application?
Gathering the right documents is crucial for a successful US visa application. Here’s a comprehensive list of the documents Brazilians typically need:
4.1. Required Documents for All Visa Types
These documents are generally required for all types of US visas:
- Valid Passport: Your passport must be valid for at least six months beyond your intended stay in the United States.
- DS-160 Confirmation Page: Printout of the confirmation page you receive after completing the online DS-160 visa application form.
- Visa Application Fee Payment Receipt: Proof of payment of the non-refundable visa application fee.
- Passport-Sized Photographs: Two recent passport-sized photographs that meet U.S. visa photo requirements.
- Interview Appointment Letter: Printout of the appointment confirmation you receive after scheduling your visa interview.
4.2. Supporting Documents
In addition to the required documents, you’ll need to provide supporting documents that demonstrate your eligibility for the visa and your intention to return to Brazil after your stay in the United States. The specific supporting documents you need will depend on the type of visa you’re applying for.
For Tourist (B-2) and Business (B-1) Visas
- Travel Itinerary: A detailed itinerary of your planned activities in the United States, including dates, locations, and purpose of your trip.
- Proof of Funds: Bank statements, pay stubs, or other documents that demonstrate you have sufficient funds to cover your expenses during your stay.
- Letter of Invitation (if applicable): If you’re visiting family or friends in the United States, a letter of invitation from them can be helpful.
- Proof of Ties to Brazil: Documents that demonstrate your ties to Brazil, such as property deeds, employment contracts, or family registration certificates.
For Student (F-1) Visas
- I-20 Form: Certificate of Eligibility for Nonimmigrant Student Status issued by the SEVP-approved school you’ll be attending.
- SEVIS Fee Payment Receipt: Proof of payment of the Student and Exchange Visitor Information System (SEVIS) fee.
- Transcripts and Diplomas: Official transcripts and diplomas from your previous educational institutions.
- Proof of Funds: Bank statements, scholarship letters, or other documents that demonstrate you have sufficient funds to cover your tuition, living expenses, and other costs.
For Exchange Visitor (J-1) Visas
- DS-2019 Form: Certificate of Eligibility for Exchange Visitor Status issued by the designated program sponsor.
- SEVIS Fee Payment Receipt: Proof of payment of the SEVIS fee.
- Proof of Funds: Bank statements, sponsorship letters, or other documents that demonstrate you have sufficient funds to cover your expenses.
- Proof of Meeting Program Requirements: Documents that demonstrate you meet the eligibility criteria for the specific exchange program you’ll be participating in.
4.3. Additional Documents
Depending on your individual circumstances, you may need to provide additional documents to support your visa application. These could include:
- Marriage Certificate: If you’re traveling with your spouse.
- Birth Certificates of Children: If you’re traveling with your children.
- Criminal Record Clearance: If you have a criminal record.
- Medical Records: If you’re seeking medical treatment in the United States.
It’s essential to carefully review the specific requirements for your visa type and gather all necessary documents before your visa interview. Providing complete and accurate documentation can significantly increase your chances of a successful visa application.
5. What Are Some Common Reasons for US Visa Rejection for Brazilians?
While many Brazilians successfully obtain US visas each year, some applications are rejected. Understanding the common reasons for visa denial can help you avoid these pitfalls and increase your chances of approval. Here are some of the most frequent reasons for US visa rejection for Brazilians:
5.1. Insufficient Ties to Brazil
One of the primary concerns of consular officers is whether applicants intend to return to their home country after their temporary stay in the United States. If you fail to demonstrate strong ties to Brazil, your visa application may be denied.
How to Demonstrate Strong Ties to Brazil
- Employment: Provide an employment letter from your employer in Brazil, stating your position, salary, and length of employment.
- Property Ownership: Submit property deeds or other documents that prove you own property in Brazil.
- Family Ties: Include marriage certificates, birth certificates of children, and other documents that demonstrate your family responsibilities in Brazil.
- Financial Assets: Provide bank statements, investment records, or other documents that show you have significant financial assets in Brazil.
5.2. Insufficient Funds
Another common reason for visa denial is the lack of sufficient funds to cover your expenses during your stay in the United States. Consular officers want to ensure that you won’t become a public charge while in the U.S.
How to Demonstrate Sufficient Funds
- Bank Statements: Provide recent bank statements that show you have enough money to cover your travel, accommodation, and other expenses.
- Sponsorship Letter: If someone is sponsoring your trip, include a letter from them stating their willingness to provide financial support.
- Proof of Income: Submit pay stubs, tax returns, or other documents that demonstrate your regular income.
5.3. Incomplete or Inaccurate Information on the DS-160 Form
The DS-160 form is a critical part of the visa application process. Providing incomplete or inaccurate information on this form can raise red flags and lead to visa denial.
How to Avoid Mistakes on the DS-160 Form
- Read the Instructions Carefully: Before starting the form, read the instructions carefully to ensure you understand each question.
- Gather All Necessary Information: Collect all required documents and information before starting the form.
- Double-Check Your Answers: Review your answers carefully before submitting the form to ensure accuracy.
- Answer Honestly: Provide truthful answers to all questions.
5.4. Previous Visa Violations
If you have a history of violating US immigration laws, such as overstaying a previous visa or working without authorization, your visa application is likely to be denied.
How to Address Previous Visa Violations
- Be Honest and Upfront: Disclose any previous visa violations on your DS-160 form.
- Provide an Explanation: Explain the circumstances surrounding the violation and demonstrate that you have learned from your mistakes.
- Show Evidence of Rehabilitation: If applicable, provide evidence that you have taken steps to rehabilitate yourself, such as completing a community service program.
5.5. Criminal Record
Having a criminal record can also be a reason for visa denial. The US government has strict laws regarding the admission of individuals with criminal histories.
How to Address a Criminal Record
- Disclose Your Criminal Record: Disclose your criminal record on your DS-160 form.
- Provide Court Documents: Submit certified copies of court documents related to your criminal case.
- Obtain a Waiver (if applicable): In some cases, you may be eligible for a waiver of inadmissibility, which would allow you to enter the United States despite your criminal record.
5.6. Misrepresentation or Fraud
Providing false or misleading information to a consular officer is a serious offense that can result in visa denial and even a lifetime ban from entering the United States.
How to Avoid Misrepresentation or Fraud
- Be Honest and Truthful: Provide truthful answers to all questions on the DS-160 form and during your visa interview.
- Do Not Submit False Documents: Never submit false or altered documents to support your visa application.
- Do Not Conceal Information: Do not attempt to hide information that could be relevant to your visa application.
5.7. Not Meeting the Eligibility Requirements for the Visa Category
Each visa category has specific eligibility requirements that applicants must meet. If you don’t meet these requirements, your visa application will be denied.
How to Ensure You Meet the Eligibility Requirements
- Research the Visa Requirements: Carefully research the eligibility requirements for the visa category you’re applying for.
- Gather Supporting Documents: Collect all necessary supporting documents that demonstrate you meet the eligibility requirements.
- Seek Professional Advice: If you’re unsure whether you meet the eligibility requirements, seek advice from an immigration attorney or visa consultant.
By understanding these common reasons for US visa rejection and taking steps to address them, Brazilians can increase their chances of a successful visa application.
6. How Long Can Brazilians Stay in the USA With a Tourist Visa?
If you’re a Brazilian citizen traveling to the United States on a tourist visa (B-2), you’re likely wondering how long you can stay in the country. The duration of your stay depends on several factors, including the discretion of the Customs and Border Protection (CBP) officer at the port of entry.
6.1. The Standard Admission Period
Typically, Brazilians entering the United States on a B-2 tourist visa are admitted for a period of up to six months. This is the standard admission period granted by CBP officers. However, the actual duration of your stay may be shorter, depending on your individual circumstances.
6.2. The CBP Officer’s Discretion
When you arrive at a US port of entry, you’ll be inspected by a CBP officer. This officer has the authority to determine the length of your authorized stay in the United States. They will review your travel documents, ask you questions about your trip, and assess your intentions.
Factors That May Influence the CBP Officer’s Decision
- Purpose of your trip: The CBP officer will consider the purpose of your visit. If you’re traveling for tourism, they’ll want to see that you have a clear itinerary and plans for your stay.
- Financial resources: The officer will assess whether you have sufficient funds to cover your expenses during your stay.
- Ties to Brazil: The officer will look for evidence that you have strong ties to Brazil and intend to return after your visit.
- Previous immigration history: The officer will review your previous travel history to the United States and other countries. Any past visa violations or overstays could negatively impact their decision.
6.3. The I-94 Form
After you’re admitted to the United States, the CBP officer will issue you an electronic I-94 form. This form is a record of your admission and indicates the date by which you must leave the country.
Accessing Your Electronic I-94 Form
You can access your electronic I-94 form online through the CBP website. You’ll need to provide your name, date of birth, passport number, and other information to retrieve your form.
Checking Your Authorized Stay
It’s crucial to check your I-94 form to verify the length of your authorized stay. The date listed on the form is the date by which you must depart the United States.
6.4. Extending Your Stay
If you wish to stay in the United States longer than the period authorized by the CBP officer, you may be able to apply for an extension of stay. However, extensions are not always granted, and you must meet certain eligibility requirements to qualify.
Eligibility Requirements for an Extension of Stay
- You must be in valid B-2 status.
- You must not have violated the terms of your visa.
- You must have a valid reason for extending your stay.
- You must have sufficient funds to cover your expenses during the extended stay.
- You must apply for the extension before your authorized stay expires.
How to Apply for an Extension of Stay
To apply for an extension of stay, you must file Form I-539, Application to Extend/Change Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS).
6.5. Overstaying Your Visa
It’s crucial to depart the United States before your authorized stay expires. Overstaying your visa can have serious consequences, including:
- Visa cancellation: Your visa may be automatically canceled.
- Inadmissibility to the United States: You may be barred from re-entering the United States for a period of time.
- Deportation: You may be subject to deportation proceedings.
Therefore, it’s essential to carefully monitor your I-94 form and ensure that you depart the United States before the expiration date.
7. Can Brazilians Work or Study in the USA With a Tourist Visa?
One of the most important things to understand about a US tourist visa (B-2) is its limitations. It’s designed for tourism, recreation, and visiting family and friends, and it does not authorize you to work or study in the United States. Engaging in unauthorized employment or academic study while in the US on a tourist visa can have serious consequences.
7.1. No Employment Allowed
A B-2 tourist visa explicitly prohibits any form of employment in the United States. This means you cannot work for a US company, engage in self-employment, or provide any services for compensation while in the US on a tourist visa.
Consequences of Unauthorized Employment
- Visa cancellation: Your visa may be immediately canceled.
- Deportation: You may be subject to deportation proceedings.
- Inadmissibility to the United States: You may be barred from re-entering the United States in the future.
7.2. No Academic Study Allowed
Similarly, a B-2 tourist visa does not authorize you to enroll in a full-time academic program in the United States. This includes universities, colleges, and vocational schools.
Exceptions for Short-Term Recreational Classes
There is a limited exception for short-term recreational classes that are incidental to your visit. For example, you may be able to take a cooking class or a short language course without violating the terms of your tourist visa. However, the course must be primarily for recreation and not for academic credit or vocational training.
7.3. The Correct Visas for Work and Study
If you wish to work or study in the United States, you must obtain the appropriate visa for that purpose.
Work Visas
- H-1B Visa: For specialty occupations requiring theoretical or technical expertise.
- L-1 Visa: For intracompany transferees.
- O-1 Visa: For individuals with extraordinary ability or achievement.
Student Visas
- F-1 Visa: For academic studies.
- M-1 Visa: For vocational studies.
7.4. Changing Your Visa Status
If you’re in the United States on a tourist visa and you wish to change your status to a work or student visa, you may be able to apply for a change of status with U.S. Citizenship and Immigration Services (USCIS).
Eligibility Requirements for a Change of Status
- You must be in valid B-2 status.
- You must not have violated the terms of your visa.
- You must meet the eligibility requirements for the new visa category.
- You must apply for the change of status before your authorized stay expires.
The Change of Status Process
To apply for a change of status, you must file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS. You’ll also need to submit supporting documents that demonstrate your eligibility for the new visa category.
It’s important to note that a change of status is not always granted, and you must meet all eligibility requirements to qualify. Additionally, you may not be able to work or study in the United States until your change of status is approved.
7.5. Avoiding Visa Fraud
Engaging in unauthorized employment or academic study while in the US on a tourist visa can be considered visa fraud. Visa fraud can have serious consequences, including visa cancellation, deportation, and inadmissibility to the United States.
Therefore, it’s essential to comply with the terms of your visa and avoid any activities that could be considered a violation of US immigration law.
8. What is the Visa Waiver Program, and Are Brazilians Eligible?
The Visa Waiver Program (VWP) is a program of the United States government that allows citizens of certain countries to travel to the US for tourism, business, or transit for up to 90 days without obtaining a visa. The VWP was created to facilitate travel and promote tourism and business between the US and participating countries.
8.1. How the Visa Waiver Program Works
Under the VWP, eligible travelers can apply for authorization to travel to the US through the Electronic System for Travel Authorization (ESTA). ESTA is an online system that collects information about VWP travelers and determines their eligibility to travel to the US without a visa.
8.2. Benefits of the Visa Waiver Program
- No visa required: VWP travelers don’t need to apply for a visa, saving time and money.
- Quick and easy application: The ESTA application process is quick and easy, and most applicants receive a decision within minutes.
- Travel to the US for up to 90 days: VWP travelers can stay in the US for up to 90 days per visit.
8.3. Eligibility Requirements for the Visa Waiver Program
To be eligible for the VWP, travelers must:
- Be a citizen of a VWP-designated country.
- Have a valid passport issued by a VWP-designated country.
- Apply for and receive approval through ESTA.
- Intend to travel to the US for tourism, business, or transit for up to 90 days.
- Meet other eligibility requirements as determined by the US government.
8.4. Are Brazilians Eligible for the Visa Waiver Program?
As of now, Brazil is not a designated country in the Visa Waiver Program. This means that Brazilian citizens are generally required to obtain a visa to travel to the United States, even for short-term tourism or business trips.
8.5. Dual Nationality Exception
There is, however, an exception for Brazilians who also hold citizenship from a country that is part of the Visa Waiver Program. If you are a dual citizen of Brazil and a VWP-designated country, you may be able to travel to the US without a visa using your non-Brazilian passport.
8.6. Countries Participating in the Visa Waiver Program (as of 2024)
- Andorra
- Australia
- Austria
- Belgium
- Brunei
- Chile
- Croatia
- Czech Republic
- Denmark
- Estonia
- Finland
- France
- Germany
- Greece
- Hungary
- Iceland
- Ireland
- Italy
- Japan
- Latvia
- Liechtenstein
- Lithuania
- Luxembourg
- Malta
- Monaco
- Netherlands
- New Zealand
- Norway
- Poland
- Portugal
- San Marino
- Singapore
- Slovakia
- Slovenia
- South Korea
- Spain
- Sweden
- Switzerland
- Taiwan
- United Kingdom
8.7. Future Possibility of Brazil Joining the VWP
The possibility of Brazil joining the Visa Waiver Program has been discussed in recent years. For Brazil to be considered for VWP designation, it must meet certain requirements, including:
- Having a low visa refusal rate.
- Issuing secure electronic passports.
- Sharing information with the US government on criminal and security matters.
While there is no guarantee that Brazil will be added to the VWP in the future, the US and Brazilian governments continue to work together to strengthen their relationship and explore opportunities for cooperation on travel and security issues.
9. What Happens if a Brazilian Overstays Their US Visa?
Overstaying a US visa can have severe consequences for Brazilians, impacting their ability to travel to the United States in the future. It’s crucial to understand the potential ramifications of overstaying and to take steps to avoid this situation.
9.1. What Constitutes an Overstay?
An overstay occurs when a non-immigrant visa holder remains in the United States beyond the authorized period granted by Customs and Border Protection (CBP) upon entry. This period is typically indicated on the I-94 form, which is either a paper form issued at the port of entry or an electronic record accessible online.
9.2. Immediate Consequences of Overstaying
- Visa Cancellation: The overstay automatically invalidates the visa used to enter the United States. This means that the visa cannot be used for future travel, even if it hasn’t yet expired.
- Accrual of Unlawful Presence: The overstay begins accruing “unlawful presence” in the United States. The length of unlawful presence has significant implications for future admissibility.
9.3. Long-Term Consequences of Overstaying
The long-term consequences of overstaying a US visa can be severe and long-lasting: