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Adjustment of Status

Green Card Processes:

  • Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.
    • Cuban Adjustment: Our attorneys have accumulated years of experience working with this type of adjustment of status, and thousands of Cubans and family members have become lawful permanent residents with their help. The Cuban Adjustment Act of 1966 (CAA) allows Cuban natives or citizens living in the United States who meet certain eligibility requirements to apply to become lawful permanent residents (get a Green Card). Eligibility Requirements:
      • You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
      • You are a native or Citizen of Cuba;
      • You were inspected and admitted or paroled after Jan. 1, 1959;
      • You have been physically present in the United States for at least one year at the time you file your Form I-485;
      • You are physically present in the United States at the time you file your Form I-485;
      • You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief, and You merit the favorable exercise of USCIS’ discretion.
  • Family Based: U.S. immigration law allows certain noncitizens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents. It is not uncommon to see families separated for a long time due to immigration issues. Our attorneys work hard to reunite families through legal paths, using the experience they have accumulated to achieve the best results in a timely way.
    • If you are a U.S. citizen:
      • You may file Form I-130 “Petition for Alien relative” for:
        • Your spouse;
        • Your unmarried children under 21 years of age;
        • Your unmarried sons or daughters 21 years of age or older;
        • Your married sons or daughters of any age;
        • Your brothers or sisters (you must be 21 years of age or older); and
        • Your mother or father (you must be 21 years of age or older).
    • If you are a lawful permanent resident of the United States:
      • You may file Form I-130 for:
        • Your spouse;
        • Your unmarried child under 21 years of age; and
        • Your unmarried son or daughter is 21 years of age or older.
  • Consular Processing: Once you are the beneficiary of an approved immigrant petition and an immigrant visa number is immediately available to you, but you are outside of the United States, you may apply at a U.S. Department of State consulate abroad for an immigrant visa to come to the United States and be admitted as a permanent resident. Our attorneys can help you step by step until your case is closed and ready for your interview at the U.S. Consular Office in your country.
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  • Our attorneys can help you bring your loved one to the United States to get married in this country and to be able to obtain a green card once in the U.S. territory.
  • Steps:
    • If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e).
    • In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant.
    • Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.
    • If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).
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Advance parole from DACA/TPS

PAROLE DACA/TPS

  • Advance parole from DACA/TPS: Advance parole is a travel document issued by the U.S. Citizenship and Immigration Services, or USCIS, on Form I-512L that allows certain noncitizens inside the United States to depart and seek to reenter the country after temporary travel abroad. Our attorneys can help you obtain this document so you will be able to travel abroad and even adjust status in the future under certain circumstances: 
  • TPS recipients: must have valid advance parole to depart and reenter the United States without breaking the continuous physical presence requirement for maintaining TPS. Advance parole is routinely granted to TPS recipients without documentation of the specific reason for the travel.
  • DACA recipients: may seek advance parole, but only if they need to travel for humanitarian, educational, or employment purposes. Humanitarian purposes include traveling to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative. Educational purposes include semester-abroad programs and academic research. Employment purposes include overseas assignments, interviews, conferences, training, or meeting with clients overseas.
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