VIPER (marriage) again (deported for too much time)

Hello jota23,

I think that either you or your friend misunderstood because I'm certain that he was NOT deported. If you dig a bit deeper into the story I believe you'll find out that he was simply DENIED ENTRY upon his return to Brazil and no longer had a valid VITUR Tourist Visa with which he could use to enter.

The story lacks a bit of necessary basic information (his original citizenship, exact amout of time outside Brazil, reason for absence, etc.) in order to be able to give specific advice on his case, so what I will give is just the general stuff that applies in such a situation.

Before I get into the advice, be clear that IT IS UP TO THE INDIVIDUAL TO KNOW THE LAWS that effect his/her permanency in any country and the obligations and rights that are involved. It is not the responsibility of any government to "make it clear" to anyone who leaves Brazil that they'll loose permanency if they absent themselves from the country for more than 2 years. It's right in the law, spelled out in black and white and he SHOULD HAVE known or at the very least thought to find out before he left the country!

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The process now will be to obtain a VITUR Tourist Visa and essentially go through the whole process of reapplying for the VIPER Permanent Visa all over again from the very beginning. He'll be required to submit almost all of the same documents as he did in his original application, which may be required to be legalized by the Consulado-Geral do Brasil in the country of issue.

This is presuming that he still meets all the requirements of permanency. That is to say that he is still married to his Brazilian spouse and will be living with the spouse upon return to Brazil. If that is not the case then it is highly unlikely he will be granted permanency again unless he also happens to have a Brazilian child. If the couple (marriage) still exists or if he has a Brazilian child then he may apply for a new VIPER through the Federal Police just as before. He will be allowed to remain in Brazil and to obtain a Carteira de Trabalho and to work in Brazil while the application is being processed.

See the following Ministério da Justiça webpage for information on applying to reestablish permanency:

http://portal.mj.gov.br/main.asp?View={ … 0F4CB26%7D

During the processing period he must not be out of Brazil for longer than 90 days at a time and I'm sure he's now painfully aware that once he is granted the VIPER he can't be out of the country for longer than 2 years. Also he should be aware that it is his responsibility to report any change of address to the Federal Police within 30 days of any move.

Cheers,
William James Woodward, EB Experts Team

My fault... Yeah, it makes more sense that he was "denied entry." He did have a VIPER (permanência) before and is a US citizen. I'm definitely with you on the fact that it's the person's responsibility to know this stuff (and he is too...) but I also understand you mentioning that after my post.

At this point, given the fact that the Consulate Geral of Brazil in the US seems to turn these around much faster than they get turned around down here (I got mine in less than a month) it seems like the best option would be to get the VIPER in the US.

I think he may also need to reapply for his RNE/CIE. Is that correct? Given the fact that the RNE/CIE process has the protocolo I am much less concerned about that for him.

The RNE/CIE is all part of the VIPER process. In fact, the FINAL step. He will only be able to apply for his new CIE after "permanência definitiva" has been granted. I think it is likely that the RNE number will continue to be the same as he had before. I don't believe they'll issue a new one, but rather just re-activate the existing number, since he'll have to indicate the existing RNE number on the application form anyway.

You've sort of lost me regarding your friend's situation...  Is his wife with him in the USA at the moment or back in Brazil?

If he's planning on returning to Brazil to take up permanent residency again, what would it matter about the processing time since he will be able to legally remain in Brazil and to work here during processing anyway? I'd say it would be easier just to get all the documents ready, apply for a new VITUR Tourist Visa and come to Brazil where he'd make the application for his VIPER on arrival. This would especially be the case if his wife is here in Brazil.

If his wife is with him in the USA and intends to remain there either until permanency is re-established or at least for the most part, then if the Consulado-Geral do Brasil that has jurisdiction over the city where he now resides will even accept his application or not is up to them entirely. They may just as likely tell him to apply here in Brazil as they do for VIPER applications based on having a Brazilian child. They will not accept this type of application outside of Brazil, so I don't know if that will also be the case in your friend's situation.

Cheers,
William James Woodward, EB Experts Team

Sorry about that... I'll see if I can clarify further. His wife is with him in the US as well. My concern would be the time it would take to get to "permanência definitiva" since the RNE/CIE protocolo is required for his carteira do trabalho. They've been married for some time. I don't recall the consulate worrying about where my wife was living too much during my process. I have a suspicion that this may have been either due to the quick turnaround or the fact that we were recently married (maybe less likely?).

He mentioned that the consulate in Miami told them it'd only take them 10 days to get the new VIPER. Given the info you posted, I'm not sure if that's still true with the strikes but that's pretty quick.

He can obtain his Carteira de Trabalho right away once he has applied for the VIPER. Anyone who applies for the VIPER based either on marriage or on a Brazilian child has the right to obtain the Carteira de Trabalho and to work while the application is being processed. I already mentioned that. All he needs to do is present the protocolo which they now evidently put right into the passport.

However, if the Consulado says they'll get him the VIPER in 10 days then go for it.

The problem with the Miami consulate at the moment is that they seem to be flooded due to the world cup.

http://www.miamiherald.com/2014/05/16/4 … d-cup.html

As for the entry being denied, IMHO, that was abuse of power if he is married to a Brazilian wife.

Hi Sven,

Regardless of being married to a Brazilian, if his VITUR was expired and he arrived here after his permanency being cancelled, he would still need some kind of valid visa in order to enter the country, wouldn't he??? How would denying entry be abuse of authority?