Criminal record getting permanent visa too Brazil

abthree wrote:

José,

You will need to provide an up-to-date FBI Criminal Background Check. You don't have to worry about any charges that the FBI does not report.

You should not have problems with offenses which have been resolved (by dismissal, service of sentence, completion of probation, etc.) five years ago or more.  If you have any documentation on the resolution of old charges, though, it will be a good idea to have it available if requested, but not to volunteer it.

For any offenses within the last five years that appear on the report, you will probably have to be ready to provide documentation of the disposition of the charges.  Home country convictions are not supposed to prevent the grant of residency on the basis of family reunion, which is what you'll be applying for; the Federal Police have great discretion, however, and you don't want to get on the wrong side of them.   Only answer the questions that they ask, and never lie to them.

As far as I know, the controlling law is Chapter VIII, Section I, subsection II of this decree:

http://www.planalto.gov.br/ccivil_03/_a … /D9199.htm

If you are rejected, there is an appeals process.

Hey there, love your opinion.  What do you think of his submitting a current FBI background check to his local Brasilian Consulate in the USA for an opinion.  They are now SO very fast and easy to get. I have found the Consulate in SF to be very fast and helpful with questions but not like this one...yet.

JRomero1988 wrote:

Thanks for your answer I’ve been going back and forth from Colorado too São Paulo so I will get my records when I go back too Colorado next time but ya last offense was a dui in 2018 so I will have too get my desposition from this case thanks again!

I'm not even sure whether the states report DUIs to the FBI, so get your Background Check and go from there.  The Federal Police will not "go behind" your Background Check, so an item that isn't there won't be a problem for you, unless you bring it up yourself.

Remember, your fiancée has a right under Brazilian law to have her spouse live with her in Brazil, so as long as you're honest and pleasant with the Federal Police and cooperate with their process,  you shouldn't have a problem.

Good luck! 

Golsucks wrote:

José. If you committed those offences please stay in the USA.

Brazilian law recognizes the value and reality of rehabilitation.  It also guarantees the right of Brazilian citizens to live in Brazil with the spouses of their choice, even if those spouses wouldn't ordinarily be admitted.  If the Federal Police believe that a potential immigrant will pose an unacceptable risk, they know how to deal with it.

We're here to help people understand the realities of Brazil, and to to be realistic about their expat projects, not to judge who is and is not worthy to move here.

abthree wrote:

JRomero1988 wrote:

Thanks for your answer I’ve been going back and forth from Colorado too São Paulo so I will get my records when I go back too Colorado next time but ya last offense was a dui in 2018 so I will have too get my desposition from this case thanks again!

I'm not even sure whether the states report DUIs to the FBI, so get your Background Check and go from there.  The Federal Police will not "go behind" your Background Check, so an item that isn't there won't be a problem for you, unless you bring it up yourself.

Remember, your fiancée has a right under Brazilian law to have her spouse live with her in Brazil, so as long as you're honest and pleasant with the Federal Police and cooperate with their process,  you shouldn't have a problem.

Good luck! 

__________

Just for fun, I called my ex-brother-in-law and a very good friend, a Chief of Police in a California Bay Area city to ask about the FBI background check content. He just told me that ALL DUI "convictions" come up on the FBI background check until they are expunged. He clearly stated that DUI arrests, failure to provide breath samples, etc., may or MAY NOT appear on them and that the check is very unreliable about those.

MHSPCZONE wrote:

Hi
Just want to add something.
A friend of mine got family reunion visa, the embassy issued 1 year visa and also gave a paper. After reaching Brazil, he went to Policia Federal office in SP, provided passport and the document issued by the embassy. Thats all.
They didn't ask for any police clearance or any additional document.
Not sure about Americans but Policia Federal is not demanding any document here from Asians.
Hope it helps

Three questions:

1. When did your friend get this?

2. Did your friend get a CRNM from the Federal Police?

3. Was your friend a refugee?

Prior to November 2017, the process was as described above.  It changed when the current law went into effect.

Refugees are often exempted from background checks, because they're impossible to obtain from their home countries.

@abthree I have a sealed record for a withhold of adjutication and I want to apply for a nomad visa or any visa. will this be an issue?

01/26/23 @abthree I have a sealed record for a withhold of adjutication and I want to apply for a nomad visa or any visa. will this be an issue?
-@Aaronscott

Does it appear on your FBI Criminal Background Check?  If it either doesn't appear at all, or appears as resolved, I wouldn't expect it to be a problem, particularly if you're applying for a visa at a Brazilian Consulate in the US.

@abthree Hello, this is actually a follow-up to the Pros and Cons post we were on. I just saw this one now.

I am a mess with this FBI Background check and wanted to know if this was a difficult process that I just underestimated.  I contacted the Channeler with the question about previous fingerprints on file.  I was happy that they responded, but it was a form answer as if they had not even read my email. They said they do not do apostles. So, I don't know if that knocks them out, but this is getting way beyond my pay grade and my natural non-Brazilian mother was an Ivy League PhD from Brown University with a fellowship named after her, so we have some chips.

Sorry, just very concerned.

Roddie in Retirement

I got mine recently

didn’t check fbi they check my local state and city

so it ask me why I didn’t do fbi I told them it take too long

so they gave me the PR

02/13/23 @roddiesho.  This is an easy process if you're in the US, a difficult and time-consuming one if you're already abroad.

The previous fingerprints were always a long shot.  You could call them to be sure; now that the workweek has begin, you may get a better answer.

In the package that the Channeler sent you, did they include a fingerprint card, to get fingerprinted at the local police and return to them?  If so, you could still be good to go, just be ready to spend a lot in express mail charges.  Once you get fingerprinted, send them the completed fingerprint card and everything else they ask for (probably copies of your ID or passport to confirm your identity) fastest way possible.

If the Channeler doesn't handle apostilles, but they will let you download a PDF of your Background Check, you can send the PDF to a company that obtains apostilles, and they can return you an apostilled hard copy. 

If all else fails, you could settle it in a week in Florida.  There are direct flights between Fortaleza and Miami.

I did my fbi through monument visa and apostilled all at the same time

I got mine in 6 weeks

I heard it faster now

plus apostilled is 55’bucks instead of 300 and up

@abthree Before I begin, a special shout out to LEGAL SEAFOODS in the Miami Airport.  Great Breakfast.

My wife said she already did her part...the Brazilian Marriage Certificate, so pressure is on to do my part.  I can find someone to print copy and email back my credit card forms for the FBI application.  Then I just have the fingerprinting.  I am going to Rhode Island in June (to get my stuff).  if i have the application and Brazilian Marriage certificate, maybe I can hold till June on the fingerprints.  I agree that it is much better to go to the US., it's in the 30's in RI if I went now. We will see. What do you think?

Roddie in Retirement

P.S. I will look into another channeler, this one did not even consider it being done outside the U.S...

02/14/23 @roddiesho.  Sounds like progress.  See DM.

@Texanbrazil Does that include the Brazilian Marriage Certificate. It is ready now, but I am trying to hold the fingerprinting to June when I go back to R.I?    

Roddie in Retirement

02/14/23 @Texanbrazil Does that include the Brazilian Marriage Certificate. It is ready now, but I am trying to hold the fingerprinting to June when I go back to R.I?   
Roddie in Retirement
-@roddiesho

The Brazilian Marriage Certificate and your FBI Criminal Background Check are irrelevant to each other, except that they're both required to support your application to the Federal Police for Authorization for Residency by Virtue of Family Unification.  If you're on a tourist visa when you apply to the Federal Police for Authorization for Residency based on Family Unification, your application has to be accepted before your visa expires, or you'll be in a world of hurt.

Maybe I'm confused, so let me walk through it.  I understood that you were currently in Brazil and about halfway through the extension on your visa, so you were going to use up your 180 days and hit the wall in about eight weeks, more or less.  If you're in the US now (which I gather that you are from your comment on the Miami Airport), that's good, because you're no longer burning days on your visa.  If you're going to stay there until June and get your Background Check done then, that's fine, because you'll still have some of your 180 days left.  But if you're coming back soon, you should be bringing everything you need to make your application to the Federal Police, including your Background Check, before you run through your time, so that you have your residency before your next trip.  Otherwise, in addition to being fined R$100 for every day of your overstay, there's a likelihood that you won't be admitted to the country when you return in June, having used up all your days.

@abthree Nope, I never left. So, I am still here in Brazil.  What I said was that my wife did her part with the Brazilian Marriage Certificate and i have to do my part with the fingerprinting so that together we have a valid application.  Right now, I am trying to contact the Tampa Bay Live Screen ofc. (1st name on the Channelers List) for a quick visit to get fingerprinted.  I can't leave until they finish my Dental Surgery, but hopefully that will be in late March.

Roddie In Retirement

@abthree are saying if I have 2 felonies from over 25 years ago it won't hender me from getting a retirement visa for Brasil

10/17/23    @abthree are saying if I have 2 felonies from over 25 years ago it won't hender me from getting a retirement visa for Brasil
   

    -@rel4ever69

Welcome.  That decision is totally at the discretion of the Consulate, but if your record shows that you were acquitted, or that you completed your sentence(s) and haven't been in any trouble since, then you stand a very good chance of being approved.

    @abthree are saying if I have 2 felonies from over 25 years ago it won't hender me from getting a retirement visa for Brasil
   

    -@rel4ever69

There is also a very good chance that, after 25 years, they will consider your conviction as "spent", and can no longer be held against you. But, as abthree mentioned, it is totally up to the Consulate, plus it does a little depend on the felonies themselves... But I do think you should be ok.

Jurisdictions have a practice of classifying crimes in levels of severity, for example, you have a felony which is higher in gravity than a summary conviction, just to point one out.

It's all up to the laws and how they are interpreted, but, generally speaking felony charges usually prohibit you from a lot of privileges, like a visa.

Good luck