Expert: Ken Rapoza Cruz - 6/12/2009

Question
My daughter is married to a brazilian man and I have two beautiful brailian-
american granddaughters. My son-in-law is facing possible deportation back
to Brazil and my daughter is planning on moving to Brazil should he be
deported. Once they are in Brazil will my American daughter have any rights?
In light of an ongoing case with an American man trying to get custody of his
son, I have been extremely concerned about my daughter and grandchildren
leaving the states. Any advice?

Answer
Well, why is he facing deportation ifi they are married? Unless he committed visa fraud -- like married just for the green card and he is living with someone else -- or he is a criminal -- murder, robbery; I see no reason why a good immigration lawyer cant keep him in the US. Does he have an immigration lawyer? If not...get one.

Now, if your daughter and grandkids did move to the US, some thoughts.

1. Brazil is a very very nice country. It is not the end of the world for you, though it may feel like it. YOU WILL See you grandkids again. I live in Brazil with my two daugthters and they spend at least 2 months a year in teh US and are very close to their grandparents to this day. 3 years abroad.  They had back to the US for the summer in two weeks. Many grandparents hae grandchildren living two states over and see them less than my parents see my kids, and I live on the other side of the planet. Of course, this comes with a price. I pay around $5,000 a year to make this happen.

2. Your daughter will have to apply for Brazilian legal residency. She can do this when she arrives, or can do it at a Brazilian counsulate. However, Im pretty sure she can only do it in thecountry. It is not a long process. Easier here than in the US to get your "green card".  

3. The parents, if they have not all ready, should get their kids dual citizenship. If they have not done that already (dunnno how old the kids are), then the kids, too, will apply for legal resident status...their own Brazilian "greencard".  Because if they are older, say 10 or so, they cannot get citizenship unless they plan to live in Brazil permanently. In this case, a resident card might be better. If they are older and do BR citizenshp, they MIGHT have to renounce their US citizenship. Best to talk to an immigration lawyer or even teh Brazilian embassy in washington. I think it is better if they are citizens, so I hope they are very young still. >My daughters are citizens of BR and USA; they were born here. They have two passports. I registered them at the US consulate the week they were born as US citizens born abroad.

4. .That case about the American man and his son is not you rcase or your daugthers.  I dont know that entire story; seems like an ugly divorce. If your duagther is moving here on her own will, then there will be no custody battle. NOW, if they got divorced, then you just have to hope it is a nice divorce, whereas either he moves back, separated, to the US with her and the kids, and they go their sepaate ways; or she will have to stay in Brazil withh her children and you would just have to fly down here a lot.

If they have a good middle class life, they will do well. .IF tehy are both semi-educated and he is a gardner or something like that, they could struggle and it will be nothing like the US, to be honest.

HOwever, money isnt everything. Depending on where they live, BR is a nice place to raise children.

I live in Sao Paulo city and I hate it here, BUT, I live ina  GREAT part of Sao Paulo (Higienopolis), with tree lined roads and green parrots singing daily. I live in a huge, classic building with swimming pool, antique bar, roof deck; a good community. My kids go to a catholic school across teh street. my wife works there, so the kids pay nothing. I can walk to work in 40 minutes. there are restaurantts and upscale malls within a 5 minute walking distance and I just took my girls to go see Hannah MOntana last night to a theater packed with pre-teenage girls; just like in the USA and they ate popcorn and drank fanta orange. So...see...it's not horrible. And tehy went home, laughing and giggling and camped out on the floor in their bedroom cuz they have no school tomorrow. So even tho they might move to Brazil, depending on their parents and the kind of life they can afford, odds are good that they will be two happy little girls here, too, pops. ; )

Get an immigration lawyer. LEts keep him in the US.