Immigration Issues/Cuban Refugee Adjustment Act for same sex couples
Expert: AJAY SINGH - 8/16/2013
Question Hello. My name is Guillermo. I am a colombian citizen. My boyfriend is a cuban american man arrived to US on 1998 under the Cuban Refugee Adjustment Act so he is now an American Citizen.
He lives in Fort Lauderdale. He is coming to South America within one month and he wants me to move with him to USA.
We both want to know if I can apply to a green card under the Cuban Refugee Adjustment Act after getting legally married in New York by December taking into account that DOMA was defeated few months ago and federal benefits such as immigration are now applicable to same same sex marriage.
Answer Dear Guillermo:
The CAA is not applicable in this situation; however, your partner/spouse being a US citizen may apply for an immigrant petition (I-130) for you and you can enter the US on GC after consular processing. The whole process may take sometime from 6-8 months.
Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.
Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.
Organizations Member - AILA.
Bar Council of India.
Education/Credentials LL.M - Benjamin N. Cardozo School of Law, NY.
LL.B - Campus Law Center, University of Delhi, New Delhi.