Visa Required for Same-day Turn in GRU from USA?
#1
Original Poster
Join Date: Jun 2011
Location: New York City
Posts: 801
Visa Required for Same-day Turn in GRU from USA?
Sorry if this has been addressed before, but I've read conflicting opinions:
If I want to do JFK-GRU-JFK, with my time in GRU only being a few hours, during which I'd stay airside, would a visa be required?
Essentially, can I take advantage of TWOV (transit without a visa) if my onward ticket is NOT to a third-country, but instead back to my country of origin?
If I want to do JFK-GRU-JFK, with my time in GRU only being a few hours, during which I'd stay airside, would a visa be required?
Essentially, can I take advantage of TWOV (transit without a visa) if my onward ticket is NOT to a third-country, but instead back to my country of origin?
#2
Join Date: Jul 2006
Posts: 2,188
How many hours would you be in GRU? There is a max (7-9 hours, I believe) for transiting, without a visa. I think most flights from/to the U.S. have a turnaround time of more than that (more like 14 hours, or more, I believe). The fact that you are returning to the destination of origin may make it even more complicated for those looking at your tickets and deciding if you need a visa, but I'm not sure. Better contact the Brazilian embassy and the airline. You want to make sure the airline will let you board.
#3
Join Date: Oct 2010
Location: Rio de Janeiro
Programs: AA / AV
Posts: 647
SoCal, I have read here many times about a maximum permanency without visa while in transit, but there is no such limitation. The law is the "Estatuto dos Estrangeiros" and the link follows (in Portuguese only):
http://www.planalto.gov.br/ccivil_03...5compilado.htm
There, at Captulo I / Artigo 8 / Pargrafo 2:
"No se exigir visto de trnsito ao estrangeiro em viagem contnua, que s se interrompa para as escalas obrigatrias do meio de transporte utilizado."
which, in a free translation, is
"It will not be asked for a transit visa to an alien in a continuous trip which would be interrupted only for the necessary changes or stops (escalas) required by the transportation being used"
There is no mentioning in the law about any maximum transit time, so it does not exists. In Brazil, most laws are frequently "interpreted", but any implementation of such maximum transit time would necessitate a modification to the law (meaning: it is not up to the Polcia Federal or any other agent to implement a restriction above or beyond the law).
What I don't know is: upon check-in, is it reasonable to expect the airline agent to know the law?
How does Timatic (which probably will be used by the agent) lists such a round-trip? At the least, arrive at the airport with plenty of time . . .
http://www.planalto.gov.br/ccivil_03...5compilado.htm
There, at Captulo I / Artigo 8 / Pargrafo 2:
"No se exigir visto de trnsito ao estrangeiro em viagem contnua, que s se interrompa para as escalas obrigatrias do meio de transporte utilizado."
which, in a free translation, is
"It will not be asked for a transit visa to an alien in a continuous trip which would be interrupted only for the necessary changes or stops (escalas) required by the transportation being used"
There is no mentioning in the law about any maximum transit time, so it does not exists. In Brazil, most laws are frequently "interpreted", but any implementation of such maximum transit time would necessitate a modification to the law (meaning: it is not up to the Polcia Federal or any other agent to implement a restriction above or beyond the law).
What I don't know is: upon check-in, is it reasonable to expect the airline agent to know the law?
How does Timatic (which probably will be used by the agent) lists such a round-trip? At the least, arrive at the airport with plenty of time . . .
#4
Join Date: Jul 2006
Posts: 2,188
I'll be darned if I know where I read about the limit (it wasn't just on a post here), so assume the above is correct and OP won't need a visa, even if returning to their point of origin (hopefully that's considered onward). Spending 12 hours in the transit area may be tedious at best, though the new Terminal 3 may be better than the others, and if OP can use the United Club it could be tolerable if boring. And someone doing mileage runs (which I assume this is) is likely used to such things. There is a transit hotel that might be worth checking.
#8
Join Date: Jun 2001
Location: SAN
Programs: AS 100K, DL MM, AA PLT
Posts: 2,934
Can't comment on GRU, but can confirm one can do a same-day turn in GIG without clearing immigration. I.e., Brazil doesn't care if you don't have a visa. Whether your airline will let you board ex-US is another story, though...