hello every one I have a question I came to USA on a F1 student visa in 1989 but quit school after two semesters. Then in 1998 I got married to a US Citizen but never appeared for my interview. I have not been living with my wife for a long time. we are getting divorce soon. I am about to get married with my coworker who is my gf. She has a CU6 green card. How long will it take for me to get my permanent green card and how long will it take for me to get my us citizenship. I came legally in 89 never left USA never arrested. I am a citizen of Pakistan and she is from Cuba but we both are in Miami FL
Criminal Defense Attorney
By marrying a Cuban CU6 you can apply for your green card immediately if you meet all the other requirements of the CAA. Once you obtain your GC you will have to wait five years from the time of adjustment of status to become a citizen. I strongly suggest you hire an immigration attorney as your prior petition may become an issue.
After you get divorced, you can get married again. Then you can apply for green card ( an attorney should check your eligibility) and only after that you can apply or citizenship. It will probably take you around 7 years to get citizenship, maybe a little bit sooner.
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The best bet will be for your new wife to naturalize (assuming she's eligible) and then file for you. Otherwise you may have issues adjusting status as you've been out of status and working (see INA 245(c)).
I agree with Attorney Shautsova.
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Assuming your complete your divorce and are married to your Cuban Girlfriend (who is then your wife) you can apply for permanent residence under the Cuban Adjustment Act. When the case is approved your residence date will be "rolled backed" (i.e. backdated) up to 30 months prior to the date of approval, but in no event earlier than the date of your marriage or entry into the United States. This is a special provision under the Cuban Adjustment Act. Thus, if you are married on 06/01/2013 and your case is approved on 02/01/2014, your residence will accrue from 06/01/2013, the date of your marriage. You will eligible for naturalization on 06/01/2018 (5 years after becoming a lawful permanent resident) though the application can be filed 90 days in advance of your eligibility date.
Since you have a prior immigration history (even though you failed to show up for your prior interview), consult with an experienced immigration attorney for advice on how best to proceed given the facts of your case.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.