New USCIS Regulations for Cubans.
MAR 02, 2022

If you are Cuban, and you entered the United States between January 12, 2017, and November 17, 2021, this blog contains very important information.

On January 12, 2017, the administration of President Obama suspended the application of the well-known "wet foot, dry foot" policy that established that every Cuban who arrived on American soil would be admitted to the country. With the application of this measure, Cuban citizens who arrived at any port of entry were granted a parole, in the social interest. The parole constituted an inspection and admission into the country, one of the requirements to apply for the Cuban Adjustment Act.

The Cuban Adjustment Act establishes that Cuban citizens, their spouses, and children, can apply for adjustment of status and obtain their permanent residence after one year of stay in the United States, as long as they comply with the inspection and admission requirement in the United States.

After the suspension of the “wet foot, dry foot” policy and the non-granting of the parole, Cubans found it very difficult to apply for the benefit of the Cuban Adjustment Law, since they did not comply with the inspection and admission requirement.

To help with this situation, several lawyers from South Florida filed a class action lawsuit last year, with the aim of trying to get the administration to recognize as parole the entry into the country of all those Cubans who entered the country after the suspension of the "wet foot, dry foot" policy.

On February 23, 2022, USCIS issued a notification establishing new regulations that will begin to be implemented for all those Cubans who have requested adjustment of status under the protection of the Cuban Adjustment Act, and who do not have parole.

USCIS has established that if a Cuban citizen (1) meets the definition of “arriving alien”; (2) does not have a deportation order and was released from custody in the United States under section 236 of the INA between January 12, 2017 and November 17, 2021; (3) have not left the United States since their initial release from custody; (4) has applied for Adjustment of Status under the protection of the Cuban Adjustment Act; and (5) USCIS has denied the adjustment, solely for the reason of not having a parole; they will be able to re-file the adjustment of status with USCIS or file an Appeal. In the cases of appeals, they may also be submitted extraordinarily, and within a period of one (1) year from February 23, 2022, if your adjustment case was denied, solely for reasons of not having a parole.

The new regulations do not grant benefits to Cuban citizens who were released after November 17, 2021. Neither to persons who already have a deportation order, nor to people who were released from detention under an order of an immigration judge under INA 236. Cubans who entered the country illegally, without presenting themselves at the border point for inspection, even if they surrendered to the immigration authorities after entering the country, can’t apply to use these benefits.

To know if you qualify or not for these benefits, it will be necessary to meet all the requirements mentioned above, including the requirement to stay in the United States for a period of one year.

My advice to all those who believe they may benefit is to contact an immigration attorney to review your documents and guide you in the best way to proceed.

If you need help, at Y. Morejon Attorney, P.A. the first consultation is free. We will evaluate your case for free, and we will indicate the best way forward. We work immigration cases, and we can help you with yours; here, your problem is our problem.

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