Criminal background history

It really depends on the nature of the conviction itself. If it is NOT for a felony (i.e. a crime that may be punished with LESS than 4 years imprisonment) then there should be no problem especially since they're so old now. While in some cases they may delay the visa process by complicating it a bit, they should not prevent the applicant from ultimately obtaining the visa. You will likely not be permitted just to sign a "modified" declaration, but rather submit the criminal record check and a written submission attached to it. If the conviction is for a felony it is unlikely that permanency would be granted.

That said, and especially if the convictions were for felonies, it would be much easier to apply for the criminal record to be expunged, or a pardon in some jurisdictions. This may take some time, but it resolves the problem completely since usually in most nations those past crimes that have been expunged no longer show on the criminal record check, or at least there are notations that the conviction was expunged (essentially vacated).

Cheers,
William James Woodward, Expat-blog Experts Team

Thanks for replying so quickly.
It was felony but it was less than 4 years sentence.
So, does that mean that we would not be able to apply in Brazil? They would not take our application? We have been married since 2010. At this moment I'm just concerned with application. I'm afraid they will not take the application which will force us to comeback to the U.S. And I don't want this to happen.

No if it's a felony the best option since obviously the sentence was completed well over five years ago then apply for the record to be expunged or pardoned whichever applies in your jurisdiction. This process can take some time, but it's worth it in the long run since it will clear up all future problems regarding immigration, employment and many other things.

Cheers,
William James Woodward, Expat-blog Experts Team

Thanks.

Melson wrote:

Hi, can you tell me if my spouse can apply for the permanent visa if she has a criminal background that occurred over 20 years ago? She could not sign the declaration stating that she doesn't have criminal background in this case, so would they accept her application without this declaration?

Just commit a war crime and seek asylum. Those felonies are allowed and promoted by the Brazilian government. You will also be moved to the front of the line. It is without doubt the fastest way to permanency!

usmc_mv wrote:

Just commit a war crime and seek asylum. Those felonies are allowed and promoted by the Brazilian government. You will also be moved to the front of the line. It is without doubt the fastest way to permanency!

Tooooooooo funny Matt! The sad part is that it's ALMOST TRUE. I've never seen a country like this one before, all the WRONG people not only get in, but get the red carpet treatment. All the right people (especially investors) get driven out of the country with suffocating bureaucracy and abusive taxes.

Cheers,
William James Woodward, Expat-blog Experts Team

As spouse of a Brazilian, she can't be expelled or deported, so yes, she has a right to a permanent visa.

Will a CRC need to be "LEGALIZED by the Brazilian Consulate" or will the local American Police document be recognized or will it require a FBI criminal record check have to be submitted. If either document is suffiecent.

Hi Alascana,

Under the new streamlined premanency process that now complies with the Federal Constitution of 1988, those who apply based on marriage to a Brazilian citizen, or as the parent of a Brazilian child need only sign a sworn "Declaração de Não Condenação" if you have no criminal convictions. This new process has been in effect since Sept. 1, 2014.

You don't need the Criminal Record Check for permanency provided you have no record. However, you would need it if at some point in the future you apply for naturalization, and should apply for it just shortly before applying for naturalization since it must be current.

Cheers,
James
expat.com Experts Team

What about Legalization of the document?
Does the document need to be submitted to the Brazilian Consulate?  Can it be a local police or must it be an FBI  criminal records check.

First off you need to determine if the criminal record check is even necessary.

If you're applying based upon marrying a Brazilian citizen, then it IS NOT necessary unless you actually have a criminal record. If you have no criminal record the the "Declaração de Não Condenação" will take the place of the CRC.

If you are applying based on marrying another expat, who is a permanent resident, then it IS necessary in all cases.

If you are applying based on being the parent of a Bazilian child, then it IS NOT necessary unless you actually have a criminal record. If you have no criminal record the the "Declaração de Não Condenação" will take the place of the CRC.

If the Criminal Record Check is required, then either the state or FBI check will be acceptable by the Policia Federal. The CRC must be legalized by the Consulado-Geral do Brasil that has jurisdiction over the city where you live in the USA.

Hope this clears up any doubts you may have.

Cheers,
James
expat.com Experts Team

Thanks and Happy Holidays to all and families.  Merry Christmas. Feliz Natal.