In recent weeks, the office has received many calls from Cuban citizens who have entered the country and seek advice regarding their immigration status. In today's blog we are going to try to answer the most common questions regarding the Cuban Adjustment Act.
Who can apply to the Cuban Adjustment Act?
As explained in previous blogs, and in several videos on our YouTube channel, in order to apply for the Cuban Adjustment Act, it is necessary to prove that you are Cuban, that you have been residing in the United States for a period of one year, and that the person has been admitted and inspected at the border. The minor children of a Cuban citizen, as well as their spouses, of any other nationality that meets these requirements, and who also resides with the Cuban citizen at the time of presentation and adjudication of the process, may also apply.
Can I apply for the Cuban Adjustment Act with an I220A?
If you are an arriving alien (this means that when you entered the United States you did so through an immigration border point) who entered the United States between January 12, 2017, and November 17, 2021; you could apply to receive the benefits of the Cuban Adjustment Act, with the presentation of the I220A. The I220A does not constitute an inspection or admission into the United States, but the US Immigration Service has reached an agreement to accepted it only in the cases mentioned above, due to a class action lawsuit that was filed last year. For more information, visit our blog and our YouTube channel.
If I am not an arriving alien because I did not present myself at the border patrol point, what can I do?
If when you entered the United States, you did not present yourself at a border point, and you are not considered an arriving alien, or you entered the United States after November 17, 2021, you must file an asylum petition. Remember that asylum requests must be substantiated with sufficient evidence. This will be your defense to the removal proceedings.
I have a parole, but it is only valid for sixty days, what can I do?
If when you entered the United States, you were granted a parole, you meet the inspection and admission requirement into the country, and, therefore, you may apply for the Cuban Adjustment Act as long as you meet the other requirements.
I hope this short blog has answered all your questions. If you have any other, or if you need help with your immigration process, do not hesitate to call us. In Y. Morejon Attorney, P.A. we can help you with your immigration case. The first consultation is free. In Y. Morejon Attorney, P.A. Your problem is our problem.
Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.