Does marrying a Cuban with US citizenship give you permanent or conditional residency?

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A friend of mine wants to marry his cuban-american girlfriend. She has been a US citizen for several years (she was given permanent residency through the CAA but is now a US citizen) and he came to the US with a tourists visa and overstayed. He still has his stamped I-94 so he was told he can get back into status. They want to form a family, but he cant get a good job because of his status. Does this mean he'll get to wait longer, even though the girlfriend is cuban-american and came under the CAA? or can he apply for permanent residency through CAA? Will he get the permanent residency or the conditional?

Attorney Answers

3
Kyndra Mulder ·
Your friend can adjust status through his girlfriend if they get married. He will have a conditional residency card for 2 years. At the end of two years he can file to have the conditions removed and will get his green card without conditions. He will be entitled to work with his conditional card and cvan apply for an EAD at the same time his wife files all original applications and petitions for him. The entire process will go very quickly and smoothly if he works with an immigration attorney experienced in marriage adjustments.
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Debbi Klopman ·
From the facts as you present them, if your friend marries his girlfriend she should be able to file for his permanent residency. If their marriage is less than 2 years old, he will be granted only a two year green card ("conditional"), Within 90 days of the expiration of the two year document he must fileadditional paperwork (Form I-751 plus supporting documents) to have the condition lifted and have his residency made permanent. Wishing them good luck Debbi Klopman, ESq. 398 Bergen Street Brooklyn, NY 11217 www.debbiklopmanlawoffice.com [email protected] 718 622 1208 This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship
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