Legal Question in Immigration Law in Florida

marrying to a CU6

My cousing, has been in MIami for over 1 1/2 year with and expired entry (I94); he is marrying a Cuban lady that is a CU6, and is getting her green card in about 2 months.

Will my relative get any working permit like Social security card or working permit, or has to wait until she became a US citizen, like any other resident.

Thank You

H.Fava

Asked on 2/24/02, 2:26 pm

2 Answers from Attorneys

Carolyn Goldfarb Carolyn S. Goldfarb, Esq.
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Re: marrying to a CU6

So long as he is living with his Cuban spouse, after he marries, he can file for adjustment of status to LPR status & in the meantime get permission to work while he waits for his LPR status.

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Answered on 2/24/02, 3:46 pm
Richard Alvoid Richard Alvoid, PA
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Re: marrying to a CU6

Unfortunately, your cousin will not benefit immediately from marrying the Cuban resident. After the marriage and the Cuban obtains residence (stamp in passport is OK, the Cuban can petition your cousin and become a 2A preference as the spouse of a lawful permanent resident. However, the waiting time is roughly 5 years before your cousin can take advantage of the petition, and with an expired I-94 your cousin will not be able to adjust status (obtain residence) when the time comes unless he qualifies under 245(i) - right now that law requires a petition before 4-30-01 and presence on 12-20-00. The best bet is for the Cuban to pursue naturalization, which will take 6 years or more and will allow the cousin to adjust status regardless of expired I-94. The V visa doe snot apply here because the petition is not filed before 12-20-00. There might be other issues - such as the country of origin of your cousin - etc., that might change the scenario. Email any questions to me. Good luck!

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Answered on 2/24/02, 6:57 pm

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