Frequently asked questions
Questions about EB-3 Visa
Straight answers related to this visa.
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Can USCIS visit my home?
USCIS conducts home visits only in specific cases, with prior notice, to verify relevant information in the EB-3 visa process, ensuring transparency and legality.
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Could I return to Brazil to work after obtaining the Green Card?
After obtaining the Green Card, it is possible to work temporarily in Brazil as long as you maintain strong ties with the U.S. and avoid prolonged absences that compromise your residency.
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Do adopted children need a minimum cohabitation period?
U.S. law does not require a minimum cohabitation period for a valid adoption in EB-3 visas, but the adoption must be legally completed and meet all requirements.
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Do adopted children need extra documentation?
Adopted children need additional documentation proving the adoption, besides the standard documents, for U.S. immigration processes, ensuring legal compliance.
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Do all my dependents need to attend the consular interview?
Each dependent applicant must, as a rule, attend the consular interview, except for specific exceptions. Always follow official guidelines to avoid setbacks.
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Do children need to attend the interview?
Dependent children under the EB-3 visa generally do not need to attend the interview, but it is recommended to follow official guidelines to ensure the correct fulfillment of the process.
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Do children with intellectual disabilities require an additional medical report?
Children with intellectual disabilities may require an additional medical report in U.S. immigration processes, ensuring complete and adequate documentation according to legal requirements.
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Do I have a conditional green card if I have had it for 2 years?
EB-3 green cards, based on employment, are generally not conditional, unlike green cards granted through recent marriages, which require condition removal.
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Do I have a criminal conviction. Can I qualify?
Having a criminal conviction can make obtaining the EB-3 visa more difficult, but detailed analysis and specialized guidance can enable qualification in accordance with current legislation.
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Do I have points on my driver’s license for a traffic ticket. Does it affect the EB-3?
Points on the driver's license due to traffic tickets do not directly impact the EB-3 visa, but it is essential to maintain transparency and comply with legal requirements in the immigration process.
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Do I have to pay income tax if I do not yet physically reside in the USA?
The obligation to pay income tax in the USA depends on the source of income and your tax status, making it essential to consult a specialist to avoid complications.
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Do I have to present Brazilian income tax?
For the EB-3 visa, the Brazilian income tax return is not required, but keeping tax documents organized is essential for transparency and legal compliance.
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Do I have to redo the medical exam if my interview is delayed?
If your EB-3 process interview is delayed, the medical exam may need to be redone to ensure your health still meets the requirements of U.S. laws.
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Do I have to register with the Selective Service?
Men between 18 and 25 years old in the U.S., including those with an EB-3 visa, must register with the Selective Service to comply with legal obligations and avoid future issues.
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Do I need a 5×5 or 5×7 photo for the DS-260?
Photo for DS-260 must be 5x5 cm, have a light background, and be recent; 5x7 photos are not accepted and following the rules is essential to avoid problems.
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Do I need a diploma equivalency for the EB-3 Professional?
If your diploma is from abroad, a credential evaluation is generally required to prove its equivalency to the American bachelor's degree for the EB-3 Professional visa.
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Do I need a professional appointment letter?
For the EB-3 visa, it is essential to have a formal and documented job offer that proves a real relationship with a U.S. employer, following the Department of Labor's regulations.
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Do I need a specialized sponsor?
For the EB-3 visa, it is essential that the employer acts as sponsor and initiates the process, and it is recommended to have guidance from reliable professionals to ensure legal compliance.
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Do I need a sponsor ‘HR agency’?
The EB-3 visa requires a job offer from a U.S. employer acting as a sponsor; HR agencies can assist, but the legal sponsorship is that of the employing company.
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Do I need a sponsor for the subcategories?
The EB-3 visa requires a formal job offer and a U.S. sponsor in all subcategories; caution is essential to avoid fraud and ensure legal compliance.