Digital Nomad Visa with criminal record

07/25/23Hello, I'm trying to figure out the logistics on getting a digital nomad visa with a criminal record.
-@Traveler2140

Good evening.  If you last offense was five years ago and you've completed your sentence and all other requirements, and have documentary proof of that, you stand a good chance of the Consulate approving your application, although they may well request to review the documents themselves. 

If you're rejected, you can let some time pass and reapply later.  Try to ask what you can do to improve your chances next time:  they may not answer, but they may, and it could help.

@abthree Thank you for your swift reply, I've actually been reading some others post related to this topic and saw your responses. Thank you for your insight.

I have read that web developers digital nomads are highly sought after. I have already visited Brazil and will visit again in September. My girlfriend currently lives in Brazil and I read that family reunion visas are a bit different?

My overall intentions are to gain citizenship in Brazil over time, most likely by marriage depending on the outcome of my relationship. I would like to move in Oct/Nov/Dec but I see it is at the discretion of the visa issuer. Will a denial affect my ability to utilize/obtain a visitors visa?

I have read that web developers digital nomads are highly sought after.
-@Traveler2140

Traveler - I would be interested to know where you read that. By definition web designers do not need to be in country to do their work, so this does confuse me somewhat.

As a Brit, long term resident in Brazil, I have just launched a new website created in Colombia with input from Argentina and other countries without any of us being in the same location. So I fail to see how this might be 'highly sought after'. Then again, I am no expert, so I would welcome your input.

@Peter Itamaraca https://visaguide.world/digital-nomad-visa/braz

@Peter Itamaraca I shared the link above, but I believe it has to deal with the fact that it is a remote position that is typically high paying and the money being made is then spent in Brazil.

@Traveler2140   - OK I understand now! It does not say that "web designer digital nomads are highly sought after" in Brazil - as you stated. In fact nothing like that.

It says that "the most sought after jobs for digital nomads are Customer service, Online teacher, Content writer, Data analyst, Web developer, Freelance translator and Digital marketer.

That is because these jobs can be done by nomads - others like a dentist or a farmer or a shopkeeper, for example, really need to be in one location to be able to do their job.

I do not intend to knock your personal web designing skills (which are undoubtedly much better than mine), but it would be wrong for you to assume that your work will automatically be "highly sought after" in Brazil.

When moving to Brazil it is important to keep your feet on the ground, and do not assume you will be a huge success without testing the water first... Otherwise you may drown....

@Peter Itamaraca If you reread my initial post I mentioned that I'm a Web Developer, as in a Software Engineer, not a web designer.

07/26/23 @abthree  I have already visited Brazil and will visit again in September. My girlfriend currently lives in Brazil and I read that family reunion visas are a bit different?
My overall intentions are to gain citizenship in Brazil over time, most likely by marriage depending on the outcome of my relationship. I would like to move in Oct/Nov/Dec but I see it is at the discretion of the visa issuer. Will a denial affect my ability to utilize/obtain a visitors visa?
-@Traveler2140

Yes, each Brazilian visa has its own requirements, which should be listed on the website of the Brazilian Consulate General responsible for your state. 

There are two ways to obtain resident status in Brazil by being married to a Brazilian citizen:

1. Get married in your own country -- both partners must be physically present, a proxy marriage will NOT be accepted by the Brazilian authorities -- then register your marriage together at the Brazilian Consulate General responsible for where you live, and apply for a VITEM XI Reunião Familiar visa at the Consulate.  Requirements are listed on the Consulate website.  On your arrival in Brazil, register with the Federal Police using your VITEM XI visa and apply for an Authorization for Residency.  Have the documents you used to obtain the visa with you in case the Federal Police want to see them.
2. Go to Brazil on a visitor visa, get married in Brazil, then apply directly to the Federal Police for an Authorization for Residency, without the VITEM XI.  In this case, you will need to arrive in Brazil fully prepared.  You'll need a set of documents for the cartório, the notary office that will process the marriage, and there will be a waiting period of around 30 days between your request for a marriage license and the marriage, so start the process as soon as you can after you arrive.  You will also need a complete set of documents like the ones that you would have given to the Consulate for the Federal Police, but they will need apostilles from the issuing authorities in your country, and Sworn Translations from an official Brazilian Sworn Translator.  You can have these done while you're waiting for your marriage. 

Citizenship is a different process.  Once you are married to a Brazilian and have lived continuously in Brazil as a resident for at least a year, you can apply for naturalization.  You don't need to become a citizen to live in Brazil indefinitely, and Brazil neither encourages nor discourages naturalization.  It's totally up to you.  To apply for naturalization, you will need to update all the documents that you submitted to become a resident, and pass a rigorous written and oral examination, CelpeBras, to prove that you can read, write, speak, and understand Portuguese at a fairly advanced level.

@abthree Okay, thank you for the information! So you believe I have a good chance of being approved for a digital nomad visa? and if not how long is the appeal process?

07/26/23 @abthree Okay, thank you for the information! So you believe I have a good chance of being approved for a digital nomad visa? and if not how long is the appeal process?
-@Traveler2140

There are no guarantees but based on the information you've provided, if you've successfully completed your sentence, satisfied the court, and stayed out of trouble since, you're likely to be ok.  My suggestion would be to request a copy of your FBI Criminal Background Check now, and if there are any negative comments on it, make sure that you have documents you can provide that will counteract any negative effects from those comments. 

Granting or withholding a visa is a sovereign act, so there is no appeals process.  All you can do is let some time pass and apply again. 

@abthree How long is the time wait typically?

As for your past foibles, you need to see through edits in the Brazilian Naturalization and Immigration what is the time lapse for your records to be sponged. In the US, for immigration and naturalization's sake, the time period, pardon or not, is a 10 year lapse.

As for Software Engineer's pay grades in Brazil, they are going to be several notches behind your pay grade in US Dollars.  You might garner a decent income in Brazil, but you will still be pauper in America on Brazilian pay rate. You will need your source of income to be derived from American Clients, if you are to jet set back and forth.

Your best bet to sidestep these stipulations is to settle in Brazil, open up your own Software Development Firm, possibly using a MEI  TAX ID ( CNPJ ), and pay the minimum flat rate. So that you can accrue time. You will deal with VISA hassles in the meantime. 

M<y 5 cents.

07/27/23  @abthree How long is the time wait typically?
-@Traveler2140

To re-apply?  Impossible to say.  I'd give it a month or two, at least.

@sprealestatebroker Hello, thanks for your reply. Can you explain the time lapse part?

Also, I don't plan to make money from Brazilian clients. I have clients in the US, through fiver and also through Upwork. I'm currently applying for full time remote positions as well.

@abthree Okay thank you for the information, it's really helpful. I was planning to apply in October. If it fails I will try again in November.

@sprealestatebroker Hello, thanks for your reply. Can you explain the time lapse part?
Also, I don't plan to make money from Brazilian clients. I have clients in the US, through fiver and also through Upwork. I'm currently applying for full time remote positions as well.
-@Traveler2140

The time lapse part has nothing to do with Brazilian Authorities.  Or how they see your predicament. 

It stems from US Naturalization Guidelines.  It used to be ( unless otherwise changed ), a Ten Year Lapse for one to have sponged records and apply for US Citizenship.

The Brazilian Time Lapse could be completely different ( hence you need to check the letter of the law in Brazil to get it right ).

The key point is, if you are to show your American papers to Brazilian Immigration Officials, and they see it as derogatory, you are toast.   Since I have no idea of how Brazilian Immigration and Naturalization policies work., this is up to you to investigate.  You can get as much advice as you can muster, but you still need to see the Bills / Laws on the subject. The written official words are the starting point.

Again, after 10 years, your US records are sponged, if you maintain a clean rap sheet.  You show up with the updated rap sheet, you will breeze through . 

@sprealestatebroker That's not how expungement works in the US. You have to go through your state court in order to get records expunged unless it's a federal crime. They are not automatically expunged, and they still show up on a FBI background check.

Another user mentioned that Brazilian consulate officials take into account the status of a charge and also if the case has been disposed of or not. The last thing was 5 years ago, the other was about 6 years ago.

INS - Immigration and Naturalization Services gives you a 10 year time lapse to get your records sponged, for legal alien  residents and non citizens to be granted US Citizenship.

At least until ICE Enforcement Mandates  came into the books, there is.  Since then, I have no clue if they keep your prostitution solicitation for asking an undercover cop trotting as a street hooker  on the books and you got nailed by simply asking "How Much:.   

Those Faux Pas  apply at  for your local City Misdemeanor / Felonies.  The FBI isn't concerned by your minor foibles. 

For the Federal's rap sheet sake, your crimes need to be graver than what they local cops might throw you in County Jail  or City Jail for.   That's Armed Bank Robbery, Wire Fraud, Securities Fraud, Mail Fraud. You are in that league, your records might never be sponged at all.

You might then reconsider Mexico, Canada.

@sprealestatebroker No it's nothing like that. I went for an expungement in the state these charges are, was approved by the board but denied by the governor. Will have to wait about 14 more months before I can go again, but next time they will for sure be pardoned.

07/27/23 @abthree Okay thank you for the information, it's really helpful. I was planning to apply in October. If it fails I will try again in November.
-@Traveler2140

I would suggest waiting to reapply if  you're rejected merely on the chance of having someone else process your application; it has nothing to do with anything in the US. 

The Law of Migration of 2017, like the current Brazilian Constitution, takes a more positive view of rehabilitation than the previous law did.  this is why I suggested above getting ahead of any possible problem by reviewing your Background Check in advance, and being prepared to answer any questions that might arise.

@abthree I plan to do that, I will get my record in the beginning of October, along with any information regarding the cases. Then I will apply near the end of the month.

@abthree I married my wife (Brazilian) in Canada. I hired a lawyer to work with directly so it was done properly with no delays. It all was done pretty fast. I started June 1st and it was all complete August 9th. Mine took longer because I forgot to register our marriage cert at Brazil Consulate in Canada so had to hire a separate lawyer to do that. Legal fees were around $4000 Reais

08/07/23 @abthree I married my wife (Brazilian) in Canada. I hired a lawyer to work with directly so it was done properly with no delays. It all was done pretty fast. I started June 1st and it was all complete August 9th. Mine took longer because I forgot to register our marriage cert at Brazil Consulate in Canada so had to hire a separate lawyer to do that. Legal fees were around $4000 Reais
-@dannybower

Congratulations!  I'm glad that it worked out for you.  Kudos for the way you managed it all:  you did everything right the first time except for the mixup with registering the marriage at the Consulate, and you were able to fix that promptly.

A family unification visa is a very different case from a digital nomad visa, though, because of the Brazilian partner's right to live with a spouse in Brazil.  That can tend to trump the foreign spouse's record; there's no similar "escape hatch" with other types of visa.