Becoming a Lawful Permanent Resident Under the Cuban Adjustment Act

[jaclynpiscis 0]

Hi I entered to this country under a J1 Visa and after 2 years i changed to a F1 visa , after a couple of years i lost my status cause i couldnt pay school anymore, I've been out of status for over a year. Now my question is I have my boyfriend who is cuban and came to this country under the family unity law and he became a permanent resident a little less than a year ago. we are planning on getting married and he also wants to help me out with my migratory status. he being a permanent Resident Under the Cuban Adjustment Act can actually help me out or not? how this works? does he has any kind of privileges for being Cuban or the case will be see it as a regular permanent resident? Help me out please tHanks so much.

[ceadsearc 516]

Once he is a citizen he can petition you and your overstay will be forgiven. As an LPR he could have petitioned you (if married) but your overstay negates that.

Edited March 7, 2012 by ceadsearc

[jaclynpiscis 0]

i found this on the uscis web site

Family Member of Cuban Native or Citizen Applying Under the CAA

The spouse and child(ren) of an individual applying for a green card under the CAA may also apply for benefits under the CAA regardless of their country of citizenship or place of birth, if:

The relationship continues to exist until the dependent spouse or child receives a green card

They are residing with the individual applying for a green card under the CAA in the United States

They apply for a green card under the Cuban Adjustment Act

They are eligible to receive an immigrant visa

They are otherwise admissible to the United States for such permanent residence

how this apply this on my case?

[VanessaTony 3,567]

i found this on the uscis web site

Family Member of Cuban Native or Citizen Applying Under the CAA

The spouse and child(ren) of an individual applying for a green card under the CAA may also apply for benefits under the CAA regardless of their country of citizenship or place of birth, if:

The relationship continues to exist until the dependent spouse or child receives a green card

They are residing with the individual applying for a green card under the CAA in the United States

They apply for a green card under the Cuban Adjustment Act

They are eligible to receive an immigrant visa

They are otherwise admissible to the United States for such permanent residence

how this apply this on my case?

It doesn't apply at all. If you were married when he APPLIED for his GC it would apply. He already has it so he's just a regular GC holder and unable to pass on benefits.

[jaclynpiscis 0]

so u mean i gotta wait until he becomes citizen to start any kind of paperwork? how would that work after he becomes a citizen?

[VanessaTony 3,567]

so u mean i gotta wait until he becomes citizen to start any kind of paperwork? how would that work after he becomes a citizen?

He can apply to be a citizen after he's been an LPR for 5 years. He can apply for you now but it will take a while for your visa number to be available and even then your overstay means you cannot adjust except as an immediate relative of a USC.

Once he's a citizen then he files and i-130 and I-485 for you and it should be fine.