Many people think about moving to the United States for good. But for that, it is necessary to get approval of some kind of visa that grants green card or permanent residence permit.
The main categories to obtain this benefit ask for investments made on North American soil, and some Brazilians wonder if it is possible to have their applications approved if the amount invested comes from loans.
According to Daniel Toledo, a lawyer working in the field of international law, founder of Toledo e Associados and partner of LiToledo PLLC, an international law firm with units in Brazil and the United States, it is possible to be approved with a loan as long as the applicant is all Adheres to established standards. “It is possible to take a loan from a bank, family member or a friend, in your name or in the name of the company. It is necessary to document all this, because in almost 100% of cases, with very few exceptions, the applicant must demonstrate the origin of this money, whether taxes were paid on this amount and above all, how it was declared. There was income in tax, whether in Brazil or in the United States,” he revealed.
For a lawyer, it is essential to be able to track and return the loan made. “This shows that the amount came in a legal, clean manner and the applicant collected tax on it. In this way, it is possible to use the amount to apply for visa through this bank backed loan for E2, L1 or some variation of EB category such as EB5”, he explains.
Each visa category has its own characteristics, and it is recommended for the applicant to consult an immigration specialist to select the appropriate visa method when applying.
Toledo says this practice is common among people who want to invest and live in the United States and, at times, it can even be beneficial. “I have several clients who took bank loans and these amounts were in Riyas, with interest in Riyas, for the purpose of investing in EB5 Visa. Many did this in 2016 and 2017, when the US currency appreciated. With dollar investment, the facility for repayment of these loans has been exhausted and the loss has become practically zero”, he reported.
For an expert in international law, it is important to plan and calculate before applying for high-value loans. “In many cases, it’s important to do the math beforehand, reducing the potential for errors and unnecessary debt. If it’s worth it, the applicant can use the loan to justify the origin of the money that was used in E2 , will be done when applying for an L1 or even EB visa”, he concluded.
*Daniel Toledo Toledo e Advogados is a Lawyer at Associados International Law, International Business Consultant, Speaker and Partner in LeeToledo PLLC. For more information visit: http://www.toledoeassociados.com.br. Toledo also has a YouTube channel with over 150 thousand followers https://www.youtube.com/danieltoledoeassociados with tips for people who want to live, work or act internationally. He is also an effective member of the Commission on International Relations of OAB Santos.
About the office Toledo and Edvogados Associations Office Specializes in international law, immigration, investment and international trade. It has been operating for nearly 20 years with a focus on guiding individuals and companies in their processes. Each case is analyzed in detail, and prepared effectively, through a team of specialized professionals. In order to better serve the customers, the company has units in Sao Paulo, Santos and Houston. The team is made up of lawyers, international partners, economists and accountants in Brazil, the United States and Portugal to help achieve the objective of the clients served. For more information access: http://www.toledoeassociados.com.br or contact us by e-mail [email protected].