Legal Blog

Do I qualify for the 10-year rule?

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No, because it doesn’t exist. People ask me this question frequently. There is this misconception out there that the Immigration and Nationality Act (INA) has a 10-year rule, which entitles some to get green card if they have been living in the country for 10 or more years. To understand where this belief comes from we need a little bit of background. There are two…

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

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If you find one, maybe. People constantly come to us 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…

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Can I get a Green Card if I marry a US Citizen? The toughness of section 245 of the Immigration and Nationality Act (INA)

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(Spanish translation coming soon) There is this generalized belief among immigrants that, if they are in the country, in any status, and they are good people (paid their taxes, have been good parents, spouses, go to church, etc), and they marry a US citizen, then they are entitled to “get papers”, to use the common talk of many of the dozens of people I see…

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