Can I get a Green Card if I marry a Cuban-American?

By September 18, 2014Blog, Uncategorized

If you find one, maybe.

People constantly come to me with this question; usually in the context of trying to obtain the benefits—through spousal relationship—of the Cuban Adjustment Act (CAA).

The truth is that there are not Cuban-Americans in the United States (at least for immigration purposes). There are Cubans, and there are Americans.

But my boyfriend was born in Cuba and then he became a US citizen! Then, your boyfriend is American. If you marry him, he can make a petition for you and then you can (assuming you meet all the requirements) become a lawful permanent resident just like any other person that marries a US citizen. You will receive a conditional permanent residency (assuming your marriage is less than two years old) and then after two years you can apply to remove the conditions in your green card, if you are still married, or request a waiver if you are divorced by then.

If your boyfriend is a Cuban that is a lawful permanent resident (has a green card) and you marry him, then you can benefit from his adjustment under the CAA and obtain a green card. However, you will have to prove to the government that: (1) you were admitted or paroled into the country (basically came through an airport or port), (2) have at least one year of aggregate physical presence (you cannot be in your home country) and; (3) adjust simultaneously or after (not before) your Cuban spouse.

If you meet these requirements then you might be able to benefit from your Cuban husband/wife’s green card. You will be able to apply for a green card immediately. You will get permanent version from the get go (not the 2 year conditional new marriages get). Normally a petition from a green card holder to his spouse (called F2A category) would take more than 2 years for the visa to become available! Basically, 2 years before you can even apply for green card at all. Further a F2A petition requires that you remain in legal status at the time of filing for adjustment. In the case of a person applying for green card under the CAA, as long as your were admitted or paroled into the country, and meet the admissibility requirements, you will be able to adjust.

For more questions call Attorney Eduardo Ayala at 305-570-2208 or email your questions at lawayala@gmail.com

(translation coming soon)

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