Author: bwisotsky@gmail.com

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.

For many immigrants, receiving a green card through marriage to a U.S. citizen or lawful permanent resident is an important step toward building a life in the United States. However, if you’ve been married for less than two years at the time your green card is granted, you will receive what’s known as a conditional green card. This card is valid for only two years and is meant to ensure that the marriage is bona fide and not entered into for immigration purposes.

To maintain your lawful permanent resident status, you must take timely steps to remove the conditions on your green card before it expires. Failing to do so can jeopardize your immigration status and could lead to removal proceedings. The process involves filing a Petition to Remove Conditions on Residence, and providing evidence that your marriage was entered into in good faith.

Why Is There a Conditional Green Card?

U.S. immigration law includes this two-year conditional period to deter fraudulent marriages. It provides a window of time for U.S. Citizenship and Immigration Services (USCIS) to assess whether the marriage is legitimate and ongoing. If you and your spouse are still together, you generally file the petition jointly. However, if the marriage has ended or if you’ve experienced abuse or hardship, there are special waivers available that allow you to apply on your own.

When Should You File the Petition?

You must file the petition during the 90-day period before your conditional green card expires. Missing this window can have serious consequences.  Filing on time is crucial to maintaining your status and avoiding complications.

What Evidence Do You Need to Provide?

USCIS requires strong documentation to prove the marriage was genuine. This can include joint bank account statements, lease agreements, utility bills, photos together, travel records, affidavits from friends and family, and evidence of children born during the marriage. The more detailed and consistent your evidence, the better your chances of approval.

What Happens After You File?

Once your petition is submitted, USCIS will send you a receipt notice extending your conditional status for a set period (currently up to 48 months while your case is pending). In many cases, you may be scheduled for a biometrics appointment. Some applicants may also be called for an interview.  

Can You Travel or Work During the Process?

Yes. The receipt notice, combined with your expired green card, serves as proof of your continued lawful status, allowing you to travel and work while your removal of conditions is being processed.

Critical Step for Conditional Green Card Holders

The removal of conditions process is a critical step for conditional green card holders. Being proactive, organized, and honest in your filing is essential. If you have any doubts or complications, it’s wise to consult a knowledgeable immigration attorney.

At Casais & Prias, PLLC, our legal team has extensive experience helping clients navigate complex immigration matters, including removal of conditions. For guidance tailored to your situation, contact our office at (305) 722-8015 to schedule a consultation.

FAQs About Removing Conditions on a Green Card

What if my spouse and I are no longer together?
If you’re divorced, you may still file Form I-751 on your own. You must request a waiver and show that your marriage was entered into in good faith, even if it ended before the conditions could be removed.

Do I need a lawyer to file the I-751 petition?
It’s not required, but having an experienced immigration attorney can be very helpful, especially if your case involves complications like divorce, abuse, or insufficient evidence.

Will there be an interview?
Sometimes. USCIS may waive the interview if the documentation is strong and consistent. However, if they have questions about your marriage or the evidence, they may schedule one.

How long does the process take?
Processing times vary, but it can take well over a year. 

Can I apply for citizenship while my I-751 is pending?
Yes. If you’ve been a permanent resident for at least three years and meet the other requirements, you can apply for naturalization, even if your petition to remove conditions is still pending.

What if my petition is denied?
If your petition is denied, you may be placed in removal proceedings. You would then have the opportunity to present your case before an immigration judge.

Applying for a marriage-based green card is a significant milestone, but it can also be a complex legal process filled with documentation, deadlines, and interviews. If you’re married to a U.S. citizen, working with an experienced marriage-based immigration lawyer can dramatically simplify the process, minimize delays, and reduce stress.

At Casais & Prias, PLLC, we guide couples, of all backgrounds and orientations, through every stage of the green card process with care and precision. Here’s how a qualified attorney can make a real difference.

1. Determining Eligibility and Strategy

Before filing anything, a marriage-based immigration lawyer will:

• Evaluate your immigration history 
• Confirm your eligibility for adjustment of status 
• Identify potential legal issues (e.g., prior visa overstays, unlawful presence, or criminal records) 
• Recommend the best filing path based on your situation 

Having a clear strategy from the start helps avoid costly mistakes and unnecessary delays.

2. Accurate and Complete Application Preparation

Marriage-based green card petitions involve multiple forms, including:

• Petition for Alien Relative 
• Adjustment of Status Application 
• Affidavit of Support 
• Application for Work Authorization 

A lawyer ensures each form is:

• Filled out correctly 
• Submitted with the appropriate supporting evidence 
• Organized for easy review by USCIS 

Even small errors or missing documents can lead to a Request for Evidence (RFE) or denial. An attorney helps avoid those pitfalls.

3. Gathering Strong Relationship Evidence

A key part of the green card process is proving that your marriage is legitimate, not just for immigration benefits. An immigration lawyer helps you:

• Understand what evidence USCIS looks for 
• Gather and organize documents like joint bank accounts, leases, photos, travel records, and affidavits 
• Prepare a persuasive and credible submission package 

We know what kinds of evidence strengthen a case and how to address common red flags, especially for same-sex or culturally sensitive marriages.

4. Interview Preparation and Representation

The USCIS interview is often the most intimidating part of the process. A marriage-based immigration attorney can:

• Conduct mock interviews to help you and your spouse feel prepared 
• Explain what to expect from your specific USCIS field office 
• Attend the interview with you (where permitted) to ensure proper procedure and protect your rights 

Being prepared with an attorney by your side can ease nerves and promote a smooth experience.

5. Handling Complex Issues

Immigration law is highly nuanced. A lawyer is essential for:

• Previous immigration violations or denials 
• Divorce or annulment from a prior spouse 
• Same-sex marriage challenges (such as not being “out” to family) 
• Criminal charges or arrests 
• Marriage fraud allegations 

An experienced attorney can navigate these issues carefully and legally, avoiding missteps that could result in denial or removal proceedings.

6. Staying Updated and Avoiding Delays

USCIS policies and processing times frequently change. An attorney keeps track of:

• Shifts in immigration law 
• New deadlines or document requirements 
• Best practices to avoid delays 

We proactively follow up on your case, respond to USCIS requests promptly, and ensure your file stays on track.

7. Peace of Mind Throughout the Process

Above all, having a marriage immigration lawyer means:

• You don’t have to navigate the legal system alone 
• You reduce the risk of mistakes that could delay your green card 
• You gain a trusted advocate who is dedicated to your success 

Why Choose Casais & Prias, PLLC?

With deep experience in immigration and family-based petitions, we offer personalized, strategic legal support for marriage green card cases—including LGBTQ+ couples and families with complex histories. Our team works closely with you to understand your goals and guide you through each step with professionalism, empathy, and clear communication.

To learn how we can support your case, call us at (305) 722-8015 to schedule a consultation. Let Casais & Prias help turn your marriage into a pathway to lawful permanent residence with confidence and clarity.