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What Sort of Visa is Bolsonaro Here On?

BRASILIA, BRAZIL - MARCH 25: Brazilian President Jair Bolsonaro speaks with press at the official residence during the coronavirus  (COVID - 19) pandemic at the Palacio do Alvorada March, 25, 2020 in Brasilia, Brazil. President Bolsonaro recently defended the nation's return to normality and the end of social distancing and quarantine. (Photo by Andressa Anholete / Getty Images)
BRASILIA, BRAZIL - MARCH 25: Brazilian President Jair Bolsonaro gestures during a press conference amidst the coronavirus (COVID - 19) pandemic at the Palacio do Alvorada March, 25, 2020 in Brasilia, Brazil. Bolsona... BRASILIA, BRAZIL - MARCH 25: Brazilian President Jair Bolsonaro gestures during a press conference amidst the coronavirus (COVID - 19) pandemic at the Palacio do Alvorada March, 25, 2020 in Brasilia, Brazil. Bolsonaro recently defended the nation's return to normality and the end of social distancing and quarantine. According to the Ministry of health, as today, Brazil has 2271 confirmed cases infected with the coronavirus (COVID-19) and at least 47 recorded deceases. (Photo by Andressa Anholete / Getty Images) MORE LESS
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January 9, 2023 1:23 p.m.
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A number of you have asked me via email just how it is that Jair Bolsonaro is in the U.S. at all? He may be informally on the lam or trying to stay out of the reach of Brazilian authorities. But he didn’t come seeking asylum. I told these readers I figured former heads of state and rich people and just VIPs generally don’t have much problem making extended visits to the United States. But really, I had no idea. But this Reuters story has what seems like the real story. It’s much more interesting and suggests more planning.

There’s such a thing as an A-1 visa which the U.S. reserves for heads of state and high-ranking government officials. Bolsonaro entered the U.S. on his second-to-last day as president. (He pulled a Trump, refusing to participate in the inauguration of his successor.) There’s no way to know specifically without more information from U.S. consular authorities. But according to consular officials and outside experts, Bolsonaro almost certainly entered the U.S. on his A-1 visa.

Normally, these visas are canceled when an official leaves office. But Reuters sources speculate that since Bolsonaro entered as a head of state his visa probably hasn’t been canceled. Possibly by design, he put the U.S. in an awkward position. Normally, you cancel the visa. But since he’s here on that visa currently, canceling the visa would be tantamount to expelling him from the country.

(I say this is quite possibly intentional because I want to note the fact that Bolsonaro would have good reason to leave just before leaving office as opposed to just after, quite apart from his visa. If he feared his successor planned his arrest or wouldn’t let him leave the country, leaving in advance of the hand off would make perfect sense. The visa issue would be an added benefit.)

Here’s how the Reuters piece puts it

Normally the A-1 is canceled after the recipient leaves office. But with Bolsonaro having left Brazil and entered the United States before his term ended, the official suspected his A-1 was still active.

The official, who has experience with the cancellation of visas for former heads of state, said there is no set time limit on how long someone can stay in the United States on an A-1.

“We’re in uncharted territory,” the official said. “Who knows how long he is going to stay?”

Bolsonaro checked into a Florida hospital today complaining of abdominal pain.

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