Paths to U.S. Citizenship: Naturalization Explained

For lawful permanent residents (green card holders), U.S. citizenship through naturalization is the next step toward securing full rights, including voting and passing citizenship to your children. At Casais & Prias, we guide clients through every phase of this critical journey with personalized support.

Are You Eligible?

To qualify for naturalization, you generally must meet the following requirements:

  • Be at least 18 years old

  • Hold a green card for at least 5 years, or 3 years if married to a U.S. citizen

  • Demonstrate continuous residence and physical presence in the U.S.

  • Exhibit good moral character

  • Pass an English language and civics test, and take the Oath of Allegiance

Your Step-by-Step Guide to Naturalization

Check Your Eligibility

Confirm whether you qualify for naturalization based on your time as a permanent resident, marital status, and residency requirements.

Submit Application for Naturalization

Prepare and file your application with supporting documents. 

Attend a Biometrics Appointment

If required, you’ll be scheduled for fingerprints, a photo, and a background check.

Complete Your Interview & Tests

You’ll meet with a USCIS officer, who will test your English reading, writing, and speaking skills as well as your knowledge of U.S. history and government.

Receive a Decision

Your application will be approved, denied, or continued if more evidence is needed.

Take the Oath of Allegiance

At the ceremony, you’ll swear loyalty to the U.S., officially becoming a citizen.

Celebrate Becoming a U.S. Citizen

You’ll receive a Certificate of Naturalization, which confirms your new status and opens the door to all the rights of citizenship.

Why Work with Casais & Prias?

  • Experience You Can Trust – Decades of combined immigration law experience.

  • Personalized Guidance – From paperwork to interview prep, every client receives tailored support.

  • Accessible, Inclusive – Located in Miami-Dade and handling immigration cases in all 50 states with compassion and professionalism.

Take the First Step

Becoming a U.S. citizen is a life-changing milestone. Let Casais & Prias walk you through the process with skill and dedication.

Contact us today to schedule a case evaluation and start your citizenship journey.

U.S. Citizenship & Naturalization FAQs

How long does the naturalization process take?
Processing times vary, but it typically takes between 8 to 14 months from the time you file to your oath ceremony.

What happens if I fail the English or civics test?
You’ll be given a second opportunity within 60 to 90 days to retake the portion of the test you did not pass.

Can I travel abroad while my application is pending?
Yes, but extended trips may affect your continuous residence requirement. Always consult an attorney before long travel during the process.

Do I need to bring original documents to my interview?
Yes. USCIS requires original documents such as your green card, passport, and other records.

What is considered “good moral character”?
USCIS reviews your criminal, financial, and personal history. Issues like unpaid taxes or certain convictions can affect your eligibility.

Is dual citizenship allowed?
The U.S. does not require you to give up citizenship in your home country, but whether you can keep it depends on the laws of your original country.

Can I apply for citizenship if I’m married to a U.S. citizen?
Yes. You may apply after 3 years of permanent residency, as long as you’ve been living with your spouse during that time.

Bringing Your Love to the US: A Guide to LGBTQ K-1 Fiancé(e) Visas

Love knows no borders, and in the U.S., neither does immigration law.  Since the landmark rulings in Windsor (2013) and Obergefell (2015), same-sex couples enjoy the same immigration opportunities as heterosexual couples . If you’re engaged to a U.S. citizen and planning to marry, a K-1 fiancé(e) visa can be your pathway to building a life together here.

Who Can Apply?

A K-1 visa is available only if:

  • One partner is a U.S. citizen (green card holders are not eligible)
  • You intend to marry within 90 days of your fiancé(e)’s arrival in the U.S.
  • You’ve met in person at least once in the past two years.
  • Both of you are legally free to marry and your relationship is genuine.

The Process: Step by Step

  1. File Petition for Alien Fiancé(e) with USCIS
    • Gather and submit evidence that your relationship is genuine. This may include photos, travel itineraries, communications, and affidavits from friends and family .
  2. USCIS Reviews and Forwards to NVC
    • Once approved, the petition moves to the National Visa Center (NVC) and is assigned to the appropriate U.S. embassy or consulate.
  3. Consular Processing & Interview
    • Complete processing at NVC, gather documents (e.g., birth certificates, police clearances, medical exam), and prepare for the visa interview.
  4. Arrival & Marriage
    • Your fiancé(e) travels to the U.S. and you must marry within 90 days of entry.
  5. Adjustment of Status (Green Card)
    • Once married, file for adjustment of status. Your partner may also apply for work authorization simultaneously.
  6. Conditional Permanent Residency
    • If married for less than two years when the green card is approved, the residency will be conditional. You’ll later file to remove those conditions.

Unique Challenges for LGBTQ Couples

  • Proving Your Relationship Is Genuine
    Documenting a same-sex relationship can be harder if your home country doesn’t recognize LGBTQ unions. Strong evidence including photos, chat logs, trip records, and affidavits can make all the difference .
  • Potential Bias or Prejudice
    Unfortunately, some applicants face bias from immigration officials. Comprehensive, organized documentation and attorney guidance reduce these risks.

Why Working with Casais & Prias Helps

  • Expertise in LGBTQ Immigration Law
    With managing partner Rolando Casais, Jr. serving in leadership roles within AILA’s LGBTQ committee, the firm offers specialized, compassionate legal support.
  • Full-Service Support Through Every Stage
    From a case evaluation and petition preparation, to gathering evidence, NVC processing, interview prep, and helping adjust status post-marriage, Casais & Prias guide clients seamlessly.
  • Florida-Based, LGBTQ-Inclusive
    Located in Coral Gables and serving LGBTQ couples throughout the entire United States, they blend local insight with national immigration experience.

Final Thoughts

Immigration law now recognizes that love is love, but navigating it can still be a winding path. A K-1 fiancé(e) visa is a meaningful step toward unity and resilience. With the right guidance, LGBTQ couples can confidently build their future together in the United States.

Ready to take the next step?

Contact Casais & Prias today to book a case evaluation and begin your journey toward reuniting with your partner in the U.S.

LGBTQ Fiancé(e) Visa FAQs

How long does the K-1 fiancé(e) visa process take?
On average, the process can take 8 to 12 months, depending on USCIS and embassy processing times. Delays may occur if additional evidence is required.

Can same-sex couples apply for the K-1 visa?
Yes. U.S. immigration law recognizes same-sex relationships equally, and LGBTQ couples have the same rights to apply for fiancé(e) visas.

What if my home country does not recognize LGBTQ relationships?
You can still apply. Strong evidence of your relationship is important.  

Do we need to have met in person before applying?
Yes. Generally, you must have met in person at least once within the past two years.

What happens if we don’t marry within 90 days of arrival?
If you don’t marry within the required timeframe, your fiancé(e) must leave the U.S., and the visa will expire.

Can my fiancé(e) work in the U.S. while on a K-1 visa?
Yes. After arrival, marriage, and applying for adjustment of status, your fiancé(e) can apply for work authorization. 

What kind of evidence should we provide to prove our relationship?
Evidence may include photos together, travel itineraries, joint financial records, communication logs, and affidavits from family or friends who know about your relationship.

Benefits of Having a Lawyer at Your Citizenship Interview

Applying for U.S. citizenship is a major milestone, and the naturalization interview is one of the most important steps in the process. This interview, conducted by a U.S. Citizenship and Immigration Services (USCIS) officer, evaluates your eligibility, reviews your application, and tests your knowledge of U.S. civics and English. Having an experienced immigration attorney by your side can provide significant advantages and peace of mind.

Guidance Before the Interview

An attorney can thoroughly review your Application for Naturalization to ensure accuracy and consistency. They can identify potential problem areas, such as prior immigration issues, criminal records, or long absences from the U.S., and prepare you to address them effectively. They also help you understand the interview process and what questions to expect, so you walk in feeling confident.

Protecting Your Rights

During the interview, an attorney serves as your legal advocate. If unexpected legal issues arise, such as questions about past immigration history, eligibility, or alleged misrepresentations, your attorney can step in to clarify the facts and ensure USCIS follows proper procedures. This can be especially critical if your case is complex.

Reducing Stress and Anxiety

The citizenship interview can be intimidating, even for applicants with straightforward cases. Having an attorney present can reduce anxiety by ensuring you’re not alone in the process. Your attorney can help you focus on your answers while they handle any procedural or legal matters that come up.

Ensuring Accurate Records

An attorney can take notes during your interview to keep a record of what was asked and answered. If USCIS later issues a request for evidence or a notice of intent to deny, these notes can be valuable for responding effectively.

Handling Complicated Cases

Applicants with prior immigration violations, arrests, past deportation orders, or lengthy absences from the U.S. are more likely to face challenging questions. An attorney with experience in naturalization cases can anticipate these issues and address them proactively during the interview.

Avoiding Costly Mistakes

Errors or inconsistencies in your answers, whether accidental or due to misunderstanding, can cause delays or denials. Your attorney can help prevent these mistakes and, if needed, request clarifications or rephrase questions to ensure you fully understand before answering.

Professional Advocacy from Start to Finish

When you have an attorney with you, USCIS officers know that your case is being handled professionally and that you are committed to complying with the law. This added level of professionalism can sometimes contribute to smoother interactions and a more efficient process.

Contact Casais & Prias, PLLC at (305) 722-8015 to schedule a consultation and have experienced legal representation at your citizenship interview.

Citizenship Interview FAQs

Is it required to have a lawyer at my citizenship interview?

No, but it is highly recommended.

Will my lawyer speak for me during the interview?

Your lawyer can clarify legal points but cannot answer factual questions for you.

Can a lawyer attend a virtual or remote USCIS interview?

Yes, attorneys can be present for both in-person and remote interviews.

Does having a lawyer make USCIS suspicious?

No. Many applicants hire attorneys simply to ensure the process is smooth and their rights are protected.

Can my lawyer help me prepare for the civics and English test?

Yes, they can guide you to study resources and ensure you understand the test format.

What if the officer asks an improper question?

Your lawyer can object and request the question be rephrased or excluded if it’s irrelevant or inappropriate.

Will having a lawyer speed up my case?

While it won’t shorten USCIS’s processing time, it can help avoid delays caused by mistakes or missing information.

Florida Divorce Laws Explained: Property, Children, Alimony, and Your Rights

Divorce is a challenging and emotional process, and understanding the legal framework in Florida can help you make informed decisions. Florida divorce laws, also referred to as “dissolution of marriage” laws, govern how the courts handle matters such as property division, child custody, alimony, and other critical issues. Whether you are considering filing for divorce or are already in the process, knowing the basics can make a significant difference.

Grounds for Divorce in Florida

Florida is a “no-fault” divorce state. This means that you do not need to prove wrongdoing by your spouse. The primary grounds for divorce are that the marriage is “irretrievably broken” or that one party has been mentally incapacitated for at least three years.

Division of Assets and Property

Florida follows the principle of “equitable distribution” when dividing marital property and debts. This means that assets are divided fairly but not necessarily equally. Marital assets typically include property, bank accounts, retirement accounts, and investments acquired during the marriage, regardless of whose name is on the title. Separate property—assets owned before the marriage, gifts, or inheritances—are generally excluded unless they were commingled with marital assets. The court considers factors such as each spouse’s contribution to the marriage, the length of the marriage, and each party’s economic circumstances when determining distribution.

Child Custody and Parenting Plans

In Florida, the term “custody” has been replaced with “time-sharing” to emphasize the importance of shared parental responsibility. The court’s primary concern is the best interests of the child. Parenting plans outline how parents will share decision-making responsibilities and time with the child. Factors influencing the court’s decision include the child’s age, health, emotional needs, and the parents’ ability to cooperate. The goal is to encourage ongoing and meaningful relationships between the child and both parents.

Child Support

Child support in Florida is calculated based on statutory guidelines that consider each parent’s income, the number of overnight stays each parent has with the child, and other expenses such as healthcare and childcare costs. The state aims to ensure that children maintain a similar standard of living after the divorce as they had during the marriage.

Alimony in Florida

Alimony, or spousal support, may be awarded when one spouse needs financial assistance and the other has the ability to pay. Florida recognizes several types of alimony, including bridge-the-gap, rehabilitative, durational, and permanent alimony. The court considers factors such as the length of the marriage, the standard of living established during the marriage, the financial resources of each spouse, and contributions to the marriage, including homemaking and childcare.

The Divorce Process

The process typically begins with one spouse filing a Petition for Dissolution of Marriage in the appropriate county court. The other spouse must be served and given time to respond. The parties then exchange financial disclosures and may enter negotiations or mediation to resolve disputes. If an agreement is reached, the court can finalize the divorce without a trial. If not, the case proceeds to trial, where a judge makes the final decisions on contested issues.

Why Legal Guidance Matters

While Florida law provides a framework, each divorce case is unique. An experienced attorney can help protect your rights, negotiate fair settlements, and guide you through complex issues. At Casais & Prias, PLLC, we approach every divorce with compassion, diligence, and a commitment to securing the best possible outcome for our clients.

Contact Casais & Prias, PLLC at (305) 722-8015 to schedule a consultation and discuss your divorce case with an experienced family law attorney.

Florida Divorce Laws FAQs

What is the residency requirement for filing for divorce in Florida? One spouse must have lived in Florida for at least six months before filing.

Does equitable distribution mean a 50/50 split? Not necessarily. The court aims for fairness, which can result in an unequal but equitable division.

Can my spouse and I create our own parenting plan? Yes. If both parties agree and the court finds it to be in the child’s best interests, it will be approved.

Is alimony guaranteed in a Florida divorce? No. Alimony is awarded based on need, ability to pay, and other statutory factors.

Can I get a divorce without going to court?

Yes. Uncontested divorces, where both parties agree on all terms, can be finalized without a trial.

What happens to our debts in a divorce?

Debts acquired during the marriage are divided under the same equitable distribution principles as assets.

How long does a divorce take in Florida?

It depends. Uncontested divorces may finalize in a few months, while contested cases can take a year or more.

Is the Cuban Adjustment Act Still in Effect?

Yes, the Cuban Adjustment Act (CAA) of 1966 is still in effect. Though key components have evolved over time—most notably the “wet-foot, dry-foot” policy that ended in 2017—the CAA remains a valid and active pathway for eligible Cuban nationals to pursue lawful permanent residency in the U.S.

Background on the Cuban Adjustment Act

  • Enacted in 1966, the CAA was designed to offer a special immigration pathway for Cuban natives and citizens who had been inspected and admitted or paroled into the U.S. on or after January 1, 1959. 
  • Cubans who met requirements, including being physically present in the U.S. for at least one year, could apply for a green card and enjoy work authorization. 
  • The aim was both humanitarian and strategic, offering Cubans an escape from Castro’s regime while easing Cold War tensions. 
  • In the 1990s, the “wet-foot, dry-foot” policy limited eligibility by allowing only those who reached U.S. soil (“dry foot”) to remain, while those intercepted at sea were returned (“wet foot”). 
  • President Obama officially ended the “wet-foot, dry-foot” policy in January 2017, though the CAA itself remained intact. 
  • Experts note that the Act cannot be suspended by the President, as it’s codified into statute and tied into the Helms–Burton Act; only Congress could change or repeal it, and only under strict conditions, such as democratic reform in Cuba.

What the Cuban Adjustment Act Means Today

  • Cuban nationals who were inspected and admitted or paroled after January 1, 1959, have been physically present in the U.S. for at least one year, and are otherwise admissible, may still apply for adjustment of status under the CAA. 
  • Applicants can also apply for an Employment Authorization Document (EAD) while the residency application is pending. 
  • Though the streamlined “wet-foot, dry-foot” advantage is gone, the underlying legislative pathway continues to offer unique relief and opportunity for eligible Cuban residents.

Final Thoughts

The Cuban Adjustment Act of 1966 remains alive and active today, providing a unique legislative pathway for eligible Cuban nationals to pursue permanent residency and work authorization in the U.S. Though the “wet-foot, dry-foot” policy has ended, the heart of the Act, its adjustment-of-status provision, continues to stand. For those looking to understand eligibility, processes, or how to file, the firm is ready to guide you every step of the way.

FAQs About the Cuban Adjustment Act (CAA)

Is the CAA still in effect?
Yes, it remains active and enforceable under U.S. law.

Can the President suspend the CAA?
No, only Congress can amend or repeal it, and only under specific conditions.

What was the “wet-foot, dry-foot” policy?
A 1995 to 2017 policy allowing Cubans who reached U.S. land to stay and pursue residency; ended by Obama in 2017.

Who is eligible under the CAA today?
Cuban citizens inspected and admitted or paroled after Jan 1, 1959, with one year of U.S. physical presence and admissibility, may apply.

Can spouses or children of eligible Cubans apply too?
Yes, dependent relatives can apply, but typically after the principal applicant’s status has been adjusted.

Can I work while my CAA adjustment application is pending?
Yes, you can file for a work authorization document simultaneously with your residency application to receive work authorization.

How long does it take to adjust status under CAA?
Processing times vary. While CAA offers a special pathway, applicants must meet all documentation and admissibility requirements; USCIS processing times can range, so it’s best to check current estimates on the USCIS website.