Consular Processing for Cuban Spouse
Description
The legal permanent resident spouse came to us wanting to get legal permanent residency for his spouse. His spouse was a citizen of Cuba, but was attending school in Mexico and might need a consular process as a third-country national.
Strategy
File the I-130, but since the spouse was only a legal permanent resident, it would take a while. The spouse was eligible to apply for U.S. citizenship while the I-130 was still pending. Once they obtained U.S. citizenship, we “upgraded” the I-130 since the intending immigrant was now in a different preference category. Once the I-130 was approved, the intending immigrant could then consular process to obtain an immigrant visa. We were able to get them an appointment in Mexico since they had a student visa.
Challenges
The main challenge was the lengthy processing times due to the spouse only being a legal permanent resident when the I-130 was filed.
Outcome
The intending immigrant entered with their immigrant visa and obtained their green card. They have since been approved for U.S. citizenship and have filed the I-130 for their parent.
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