COVID-2019 Update for Brazilians residing in the United States

How COVID-2019 impacts the Brazilian-American community

These are unsettling and complex times for everybody. In this brief overview, we intend to provide you and share with you some questions for the U.S.Citizenship and Immigration Services (UCSIS). These reflect a variety of questions and concerns from the Brazilian– American community that we have received in the last few weeks. The FAQs provide only general information. Each case is different, and the FAQs do not replace legal advice.
For complete information, book an appointment here.

The information in the FAQs is valid as of April 1, 2020. We hope they are helpful to you. If you have any questions on this, please reach out to us directly via Email, Skype or phone. We hope to serve as a resource for members and friends of the Brazilian – American community at large.

FREQUENTLY ASKED QUESTIONS:

1. I filed my N-400 and I’m scheduled for my naturalization interview. Can I go?
   You most likely have already received a cancellation of some sort from USCIS. Effective March 18th, 2020, USCIS in-person services have been temporarily suspended. This means that no Naturalization or Adjustment of Status interviews, no biometric appointments, oath ceremonies, etc. will take place
   See https://www.uscis.gov: On March 18, U.S. Citizenship and Immigration Services temporarily suspended routine in-person services to help slow the spread of Coronavirus 2019 (COVID-19). USCIS plans to begin reopening our offices on May 4, 2020, unless the public closures are extended further. USCIS staff are continuing to perform duties that do not involve contact with the public. However, USCIS will provide emergency services for limited situations.
   On March 30, 2020, USCIS announced that for persons who had:
   (a) an appointment for scheduled biometric appointments on or after March 18th, or
   (b) filed an I-765 extension, it will use previously submitted biometrics for applicants.
2. Is the premium processing service by USCIS still available?
   No. Effective as of March 20, 2020, USCIS has temporarily suspended its premium processing service.
   See: https://www.uscis.gov/working-united-states/temporary-workers/uscis-announces-temporary-suspension-premium-processing-all-i-129-and-i-140-petitions-due-coronavirus-pandemic
   “U.S. Citizenship and Immigration Services today announced the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions until further notice due to Coronavirus 2019 (COVID-19) (…)In plain words, this only means that for now, the premium processing service (adjudication within 15 calendar days) is not available. However, Petitions for Non-Immigrant Workers (Form I-129) and Immigrant Petitions for Alien Workers (I-140) can still be filed. Those petitions will still be processed, but they will not be adjudicated within 15 calendar days. So, do not pay the premium processing filing fee.
3. Has USCIS ceased all its services? Should I file now?
   USCIS, as of now, is still processing regularly filed petitions and applications. That means you still can file your Application for Naturalization, L-1 Extension, or any other petition or application. Even so, there might be delays due to the temporary halt on in-person- services. But, by getting ready to file or by filing now, you might get ahead of the anticipated spike in applications after the COVID-19 crisis has passed. So, by filing sooner rather than later, you might get ahead of the curve.
4. I am a Green Card Holder. Am I allowed to travel?
   On March 11, President Trump signed a proclamation that restricts travel to the United States from foreign nationals who have recently been in certain European countries. This does not apply to U.S. citizens or legal permanent residents. There are additional other exceptions, that can be found here (see Section 2):
   https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/
   Note: On March 14th, 2020 UK and Ireland were added. See the proclamation here:
   https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-coronavirus-2/
5. My family and I hold E Visas. Does the proclamation apply to us too?
   Yes, the travel proclamation applies to you too. The proclamation excludes E-1 employees of TECRO and their families. So, if you leave the U.S., your status as an E visa holder does not make you an LPR. Unless another exception applies in your case, you will not be able to return to the States until the travel ban is lifted.
6. I entered the U.S. with ESTA. I can’t get a return ticket back to Brazil and my authorized stay in the US will soon expire. What do I do?
   As a general rule, individuals admitted under the Visa Waiver Program (VWP) / ESTA are not allowed to extend their status. At first, USCIS’s only guidance came out for travelers who were admitted through JFK or Newark airports. Those individuals were allowed to request a “Satisfactory Departure,” which allowed up to 30 additional days to leave the US. Such requests were to be made at the Deferred Inspection office at the JFK Deferred Inspection office. If the traveler’s admission period had already passed, a decision was to be made on a case-by-case basis.
   On March 30th, 2020 USCIS’s Miami office announced a similar process for travelers who entered through Miami. However, Miami’s announcement states that the application must be made before the traveler’s admission period has passed. Similar processes are now in place at various other U.S. airports.
7. I’m in the U.S. on a B-1/B-2 Visa and my period of admission is about to expire. I can’t get a flight back to Brazil. What do I do?
   You may need to file an application for an extension of status. If you stay in the U.S. longer than your period of admission (as shown in your Form I-94), you are considered an “overstay”. This may have additional consequences for your future travel to the U.S., or future requests for visas or immigration benefits. The term “overstay” is different from the concept of “unlawful presence”. “Unlawful presence” means that you remained in the U.S. for more than 6 months beyond the end of your authorized period of admission. An unlawful presence of between 6 and 12 months triggers a 3 years bar against entry into the U.S. Consequently, if you were present in the U.S. for 6 – 12 months unlawfully and then leave, you would not be allowed to return to the U.S. for 3 years. And, an unlawful presence in the U.S. of 12 months or more triggers an even harsher consequence: you would be barred from re-entering the U.S. for a 10-year period.
8. I did not get a date of admission stamp on my last entry to the United States. How do I know how long I can stay in the U.S.?
   We strongly recommend everybody to retrieve their current I-94 online. You can get your most recent Form I-94 and retrieve your travel history on the U.S. Customs and Border Protection (CBP) website.
   See: https://i94.cbp.dhs.gov/I94/#/homeutm_source=google&utm_medium=google&utm_term=(not%20provided)&utm_content=undefined&utm_campaign=(not%20set)&gclid=undefined&dclid=undefined&GAID=581500497.1585228735
9. I am a small business owner in Southeast Florida and need financial assistance. Or: I’m a renter and I need assistance. How do I get help?
   “The U.S. Small Business Administration offers disaster assistance in the form of low-interest loans to businesses, renters, and homeowners located in regions affected by declared disasters. The U.S. Small Business Administration (SBA) offers eligible small business owners in all U.S. states to apply for a low-interest loan due to COVID-19”.
   See: https://www.sba.gov/page/coronavirus-covid-19-small-business-guidance-loan-resources#section-header-0
   Renters or homeowners must register with the Federal Emergency Management Agency (FEMA) to obtain a FEMA Registration ID first, before applying for an SBA loan. https://www.sba.gov/page/disaster-loan-applications#section-header-2
10. I’m an E-2 Visa holder and own a small business. Am I eligible to apply for federal assistance too?
    You do not need to be a U.S. Citizen in order to qualify for SBA loans. However, USCIS has implemented the so-called “Public Charge” rule. In essence, this rule states that an alien who is likely at any time to become a “public charge” is generally inadmissible to the United States and ineligible to become a lawful permanent resident. A public charge is defined as “an alien who has received one or more public benefits, as defined in the rule, for more than 12 months within any 36-month period”. Under current guidance, DHS will, among others, not consider any disaster relief a “public charge”
    See: https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet.Even so, any E-2 Investor Visa holder should give careful consideration to the potential consequences that might follow from applying for a disaster benefit. Please contact us before doing so.
11. I have invested in an EB-5 project through a regional center. Will COVID-19 affect my investment?
    This question poses both financial and immigration issues. The answer depends on several factors, including the management, strength, and liquidity of the EB-5 project in which you invested, the type of regional center that oversees that project, and how the project’s managers respond to the crisis. The answer may also depend on the amount of time during which your EB-5 investment has been “at risk,” and where you are in the process of having your Form I-829 approved. If it appears that the EB-5 project may experience financial distress or other difficulties that could prevent its completion, EB-5 investors will want to act sooner rather than later to protect their financial and immigration interests. Most importantly, each EB-5 investor or his/her representative needs to evaluate whether there are any actions that could be taken to save the project so that the EB-5 investor will ultimately qualify for approval of their I-829 petitions. That said, certain restructuring and work-out arrangements have had negative effects with regard to pending I-829 petitions. We have experience representing EB-5 investors in troubled EB-5 projects. Because these evaluations may be very time consuming, we are unable to offer free consultations in this area; however, we may be able to offer assistance at discounted hourly rates.
12. My E-Visa application is currently pending at the US Consulate. What happens now?
    As of March 16th, due to COVID-19, all U.S. Consulates are providing emergency services only until further notice.