Marriage-based immigration is one of the most common ways for foreign nationals to obtain lawful permanent residence in the United States. While it may seem straightforward, the process is governed by strict immigration laws and requires careful preparation. Mistakes or missing documentation can cause significant delays or denials, so understanding the process is essential.

Eligibility for Marriage-Based Immigration

To qualify for marriage-based immigration benefits, the marriage must be legally valid in the jurisdiction where it took place and must be entered into in good faith, not solely for immigration purposes. U.S. Citizenship and Immigration Services (USCIS) requires proof that the couple intends to build a life together. Both same-sex and opposite-sex marriages are recognized under U.S. immigration law.

Petition Process for U.S. Citizens

If the sponsoring spouse is a U.S. citizen, they can file a Petition for Alien Relative along with the Application to Register Permanent Residence or Adjust Status, if the foreign spouse is already in the United States and eligible for adjustment. This is known as the “concurrent filing” process and can streamline the timeline. If the foreign spouse is outside the U.S., they will go through consular processing at a U.S. embassy or consulate abroad.

Proving a Bona Fide Marriage

USCIS scrutinizes marriage-based applications to prevent fraud. Applicants must provide evidence of a genuine marital relationship, such as joint financial records, shared property ownership or leases, photos together over time, correspondence, and affidavits from friends or family. Couples should be prepared for an in-person interview, during which an immigration officer will ask detailed questions about their relationship.

Conditional Residence for Recent Marriages

If the marriage is less than two years old at the time permanent residency is granted, the foreign spouse will receive conditional resident status. This status is valid for two years. To remove the conditions, the couple must jointly file Form I-751 within the 90 days before the green card expires, again demonstrating that the marriage is genuine.

Common Issues and Delays

Common reasons for delays or denials include incomplete forms, insufficient evidence, prior immigration violations, or inconsistencies during the interview. Legal guidance can help address these challenges proactively and ensure compliance with immigration requirements.

Why Legal Representation Matters

Marriage-based immigration cases can be complex, especially when there are factors like prior marriages, criminal records, or prior overstays. An experienced immigration attorney can help prepare strong evidence, guide you through the interview process, and handle unexpected legal complications. At Casais & Prias, PLLC, we are dedicated to helping couples navigate the marriage immigration process with precision and care.

Contact Casais & Prias, PLLC at (305) 722-8015 to schedule a consultation and start your marriage immigration process with experienced legal support.

Marriage Immigration Law FAQs

Can I work while my marriage green card application is pending? If you file for adjustment of status in the U.S., you can apply for a work permit while your application is pending.

How long does the marriage green card process take? Timelines vary, but for U.S. citizen spouses, it often ranges from 10 to 14 months.

Do I need to speak English to get a marriage green card? No, there is no language requirement, but interviews are conducted in English or with an interpreter.

What happens if we divorce before removing conditions on my green card? You may still apply for a waiver of the joint filing requirement under certain circumstances.

Can same-sex couples apply for marriage-based immigration benefits? Yes. U.S. immigration law recognizes lawful same-sex marriages equally.

Will USCIS visit our home? While not common, USCIS may conduct site visits in cases where fraud is suspected.

Do I have to live in the U.S. immediately after getting my green card? Yes, permanent residents are expected to reside primarily in the United States.

If you are a U.S. citizen and want your child to obtain lawful immigration status or U.S. citizenship, there are multiple pathways available depending on your child’s age, location, and your immigration status at the time of their birth. At Casais & Prias, our immigration attorneys help families understand the specific legal options available to children of U.S. citizens and guide them through the process from start to finish.

 

Citizenship at Birth (Inside or Outside the U.S.)
Children born in the United States automatically acquire U.S. citizenship, regardless of their parents’ immigration status. If a child is born abroad to a U.S. citizen parent, they may also acquire citizenship at birth, provided certain residency and physical presence requirements are met. In general, the U.S. citizen parent must have lived in the United States for a specific period prior to the child’s birth.

 

Naturalization for Children
If your child did not acquire citizenship at birth, they may be eligible to naturalize through a simplified process if they are under 18, residing in the U.S. as a lawful permanent resident, and in the legal and physical custody of a U.S. citizen parent. This is covered under the Child Citizenship Act of 2000 and allows eligible children to automatically acquire U.S. citizenship without filing a separate naturalization application.

 

Consular Report of Birth Abroad (CRBA)
For children born outside the U.S. to a U.S. citizen parent, a Consular Report of Birth Abroad is often the first step in documenting their U.S. citizenship. This process is handled through a U.S. embassy or consulate and requires proof of the parent’s citizenship and evidence of a qualifying relationship.

 

Immigrant Visa Petitions for Children Abroad
If your child is not a U.S. citizen and lives outside the United States, you may petition for an immigrant visa to bring them to the U.S. as a lawful permanent resident. The timeline varies depending on your child’s age and marital status. Unmarried children under 21 are considered “immediate relatives,” which typically allows for faster processing.

 

Adjustment of Status in the U.S.
If your child is already in the U.S., they may be able to adjust status to permanent resident without leaving the country, assuming they are eligible and have maintained lawful entry. This can lead to a green card and eventually U.S. citizenship.

Contact Us Today for Assistance

If you are ready to explore your options or need help navigating your child’s immigration case, contact Casais & Prias to schedule a consultation. We’re here to help you secure your family’s future.

Immigration for Children of US Citizens FAQs

 

Can my child become a citizen automatically if I become a citizen after their birth?
Yes, if your child is under 18, a lawful permanent resident, and in your legal and physical custody, they may automatically acquire citizenship when you naturalize.

How do I prove my child acquired citizenship at birth abroad?
You will need to file for a Consular Report of Birth Abroad at a U.S. embassy or consulate and provide documentation of your U.S. citizenship and physical presence in the U.S. prior to the child’s birth.

What is the difference between derivative and acquired citizenship?
Acquired citizenship occurs at birth, while derivative citizenship happens automatically after birth when certain conditions are met, such as a parent’s naturalization while the child is a minor.

Can my child adjust status if they overstayed a visa?
Possibly. Children of U.S. citizens who entered the U.S. lawfully may be eligible to adjust status despite overstays, especially if they are immediate relatives.

Is there an age limit for bringing my child to the U.S.?
There is no age limit to petition for a child, but children over 21 are no longer classified as “immediate relatives,” which can significantly impact processing time and priority.

How long does the process take?
Timelines vary. Immediate relative petitions can take several months, while preference category cases may take years. Our firm can help you understand realistic timelines and avoid unnecessary delays.

If you are a U.S. citizen and want to bring your spouse to live with you in the United States, there are specific immigration processes designed to unite families. At Casais & Prias, we help couples navigate the legal path to permanent residency with clear guidance and personalized support.

 

Step 1: Determine Your Status and Eligibility
The process depends on your current immigration status.
– U.S. citizens can petition for their spouse as an immediate relative, which generally results in faster processing.

 

 

Step 2: File Form with USCIS
You begin the process by filing a Petition for Alien Relative with USCIS. This establishes your legal relationship and your intention to bring your spouse to the U.S. You’ll need to provide evidence of your marriage, such as a marriage certificate, shared financial documents, photos, and communication records.

 

Step 3: Wait for Approval and Visa Availability
Once approved, your case moves forward depending on your spouse’s location:
– If your spouse is outside the U.S., the case goes to the National Visa Center (NVC) and then the U.S. embassy or consulate in their home country.
– If your spouse is already in the U.S., you may be able to file Form I-485 (Adjustment of Status) so your spouse can apply for a green card without leaving the country.

 

Step 4: Consular Processing or Adjustment of Status
For spouses abroad, the consular process includes a visa interview and medical exam. If approved, your spouse will receive an immigrant visa to enter the U.S.

If your spouse is adjusting status within the U.S., they may also be eligible to apply for work and travel permits while waiting for green card approval.

 

Step 5: Receive a Conditional or Permanent Green Card
If your marriage is less than two years old at the time of approval, your spouse will receive a conditional green card, valid for two years. You’ll later need to file a petition to remove conditions together to remove conditions.

If the marriage is more than two years old, your spouse receives a 10-year green card directly.

 

Step 6: Apply for U.S. Citizenship (Optional)
After three years of permanent residency (and while still married to a U.S. citizen), your spouse may become eligible to apply for naturalization.

Schedule a Consultation

If you’re planning to bring your spouse to the U.S., Casais & Prias can help you avoid common mistakes and delays. Contact us to schedule a consultation and take the first step toward reuniting your family.

Immigration for a Spouse FAQs

 

How long does it take to bring my spouse to the U.S.?
For U.S. citizens, the process usually takes 12–18 months. For green card holders, it can take longer depending on visa availability.

Can my spouse work while waiting for a green card?
If your spouse applies for adjustment of status, they can also apply for a work permit (EAD) and travel permit while waiting for approval.

What if my spouse is undocumented or overstayed a visa?
Your spouse may still qualify for a green card, depending on the circumstances. Our attorneys can help determine eligibility and discuss potential waivers.

What documents are needed to prove a valid marriage?
You’ll need your marriage certificate, photos together, joint leases or bills, shared bank accounts, affidavits from friends or family, and more.

Is a fiancé visa faster than a spouse visa?
Fiancé visas (K-1) can sometimes move more quickly but require marriage within 90 days of entering the U.S. Spouse visas offer a direct path to a green card.

Can I petition for my same-sex spouse?
Yes. U.S. immigration law recognizes same-sex marriages as long as the marriage is legally valid in the place it occurred.

What happens if our marriage ends during the process?
If the marriage ends before your spouse receives permanent residency, the case may be denied. If conditions are already granted, there are options to remove them without the sponsoring spouse in limited cases.

The Cuban Adjustment Act (CAA) provides a unique and streamlined path for Cuban nationals to obtain lawful permanent residence (a green card) in the United States. Enacted in 1966, the law reflects decades of U.S. immigration policy aimed at supporting individuals fleeing Cuba’s political and economic conditions. At Casais & Prias, we help Cuban nationals and their families take full advantage of this opportunity while avoiding delays or denials.

 

Who Qualifies Under the Cuban Adjustment Act?

To be eligible under the CAA, an individual must:
– Be a native or citizen of Cuba
– Have been inspected and admitted or paroled into the United States
– Have resided in the U.S. for at least one year after entry
– Be physically present in the U.S. at the time of filing
– Be admissible to the U.S. as a permanent resident (or qualify for a waiver)

 

Step-by-Step Overview of the Adjustment Process

 

Step 1: Enter the U.S. Lawfully
The first requirement is lawful entry—either through admission at a U.S. port of entry or by being paroled into the U.S. Many Cubans now arrive via land borders or with humanitarian parole granted upon arrival.

 

Step 2: Reside in the U.S. for One Year
You must wait at least one year from your date of entry before applying for adjustment. During this time, you can apply for a work permit and begin building your life in the U.S.

 

Step 3: File Form I-485 (Adjustment of Status)
After one year of physical presence, you may apply for permanent residence using Form I-485. Along with the form, you’ll need to submit proof of Cuban nationality, documentation of your entry, evidence of physical presence, and required medical and biometric documents.

 

Step 4: Attend Biometrics and Interview
USCIS may require a fingerprinting appointment (biometrics) and, in some cases, a personal interview. You may be asked to provide more documentation or clarify details of your application.

 

Step 5: Receive Green Card
If approved, you will receive your green card in the mail. The CAA also allows qualifying spouses and children of eligible Cuban nationals to apply for adjustment, even if they are not Cuban themselves, so long as they entered with the principal applicant.

Contact Us to Get Started

If you’re a Cuban national living in the U.S. and want to apply for permanent residence, Casais & Prias can guide you every step of the way. Contact our office to speak with an experienced immigration attorney and find out how we can help you make the Cuban Adjustment Act work for you and your family.

Cuban Immigration FAQs

 

Do I need to enter the U.S. with a visa to qualify for the Cuban Adjustment Act?
No. You do not need a visa. Lawful entry through admission or parole is sufficient, even if granted at the border.

Can I apply for a green card before one year in the U.S.?
No. You must be physically present in the U.S. for at least one full year before you are eligible to apply for adjustment under the CAA.

What if I entered illegally or was not paroled?
You must have been admitted or paroled to qualify. If you entered without inspection and were not paroled, you may need to explore other options. Casais & Prias can assess whether you qualify for retroactive parole or other relief.

Can my spouse or children apply too?
Yes. Even if they are not Cuban nationals, your spouse and unmarried children under 21 may qualify for adjustment if they entered the U.S. and meet the requirements.

Do I need to prove fear of persecution?
No. The Cuban Adjustment Act is not an asylum process. You are not required to prove persecution or apply for asylum to qualify.

What documents do I need to apply?
You’ll need a valid Cuban passport or birth certificate, evidence of lawful entry (I-94 or parole document), proof of one year of U.S. residence, and completed medical and biometric records.

How long does the process take?
Processing times vary but typically take 8–14 months once the I-485 is filed. Delays can occur if there are errors or missing documentation, which is why working with an attorney is recommended.