Expert: Ken Rapoza Cruz - 6/15/2010

Question
QUESTION: Hi,
My name is Georgia and I am an American citizen.(born and raised in NYC) I am half Brazilian (mother) and half Greek (dad). I am 36 years old.I finally went to Brazil last year and loved it. I got to meet my mother huge family. Because I am an American citizen I had to get a visa last year to visit Brazil. I want a Brazilian passport to go along with my American passport. When I had asked the Brazilian embassy they told me that my mother had until I was 13? to apply for a Brazilian passport and "now it's too late"  i am half Brazilian so do I have a right to get a Brazilian passport? and what do i need to do ?  someone told me I have to go to Brazil courts to apply. Is this right?

Thanks In Advance.
Georgia

ANSWER: No, you have no right as far as I know. My daughters were born in Brazil and they have a dual passport and therefore dual citizenship. Dual citizenship iss not allowed for adults under most circumstances (unless you are a billionaire and have investments in both or more nations) as far as I know. If you had gotten your citizenship earlier, before 13, you would just have to keep renewing it. You can only get a perm resident visa if you moved to Brazil. Brazil is no longer a banana republic, so the immigration offices wont allow you just to come to Brazil and get a perm visa (green card) just because your mom was Brazilian. You would have to show them that you are actually moving to Brazil, or have a reason to stay in Brazil, like maybe ou have a Brazilian husband, or are in there to take care of some aunts and uncles or something.

You can stay there illegally for as long as you want, just like in the US, but it will be hard to get an apartment, or atleast any good ones.

Sorry for the bad news. Talk to your aunts and u ncles in Brazil and see what they can do for you. I say the odds are not in your favor, but maybe ,just maybe, there is a 2% chance of you getting a perm visa somehow. For that, you would best be served by talking to a Brazilian immigration lawyer in BRAZIL.

---------- FOLLOW-UP ----------

QUESTION: Me being half Brazilian and my mom still being a Brazilian citizen (she has a Green Card to live in the USA) and her still having a Brazilian passport won't help me at all? I would like to buy a house sometime next summer and since my mom goes there every year for 4 to 6 months I want her to live in the house I want to buy in Brazil so that must be out of the question since I assume I can't buy any property in Brazil since I am not a resident? I don't have plans on moving to Brazil (I could never leave NYC, I am a NYC girl 100%)but I do and I am able to go a few times a year to Brazil.

Thanks
Georgia

Answer
You can still buy a home in Brazil even if you dnot live there.It is just harder and you will almost always have to pay all cash. Because no Brazilian bank will give you a loan unless you have a CPF or proof of income. A CPF you can easily get, but a proof of income is harder because your income comes from the US. Im not saying it is imnpossible, Im just saying that you will have to jump through hoops. Now, with your mom a Brazilian citizen, then you can do a lot of this stuff using her name. That is what most people would do.

Your mom cannot do anything for you living in the US. If you wanted to move to Brazili with her, then as a citizen she can apply for something similar to a family reunion visa. Then you could get your perm visa. Think of it like this...would hte US gov give a perm visa to a Mexican living in Tijuana just because his mother is American, but lives in Cancun? No. Now if that mother gave the Tijuana baby an American passport, by bringging that child to the consulate shortly after its birth to register its birth abroad and therefore become an American citizen eligible for a passport. That Mexican can come in illegally as you can go to Brazil illegally and you might be able to buy a house, but Im just telling you that it will not be easy unless you have a situation where you can pay for it in cash.

Look for the house you want to buy first, and talk to the owners, or realtor. Y ou never know what they will say. They might be used toselling to foreigners. Foreigners DO buy in Brazil, but most of them pay CASH for the property. Your mom as a citizen can also take out a loan, though I dont know how easy that will be considering she has no income. If she can do that, then you can pay for her loan, although it is in her name. Hopefully  you guys are friends!

rs rs rs.

Boa sorte,