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Asylum process vs Fiance visa process

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Asylum process vs Fiance visa process

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Old Jul 7th 2003, 12:44 am
  #1  
vze33hss
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Posts: n/a
Default Asylum process vs Fiance visa process

Hi All,

I was wondering if anyone had any info on the asylum process. My fiance is
Cuban and I've heard that they can claim asylum and become citizens within a
year. This would be quicker than the two years in the fiance process.

The reason I'm asking is because I'm concerned about visiting his family in
Cuba. If anything were to happen to us down there, if we are both citizens I
know that my gov't would have the right to intervene. If he is not a citizen
and Castro decides to detain him, I know my gov't would not be able to
intervene. Thank you,

Toria, vsc
1st noa 3/3
2nd noa 5/22
nvc received petition 5/28
nvc performing final clearances, petition should arrive in buenos aires
within 2 weeks
 
Old Jul 7th 2003, 12:01 pm
  #2  
Mrtravel
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Posts: n/a
Default Re: Asylum process vs Fiance visa process

[email protected] wrote:
    > Hi All,
    >
    > I was wondering if anyone had any info on the asylum process. My fiance is
    > Cuban and I've heard that they can claim asylum and become citizens within a
    > year. This would be quicker than the two years in the fiance process.
    >

He isn't going to be able to claim asylum while still in Cuba.

If he came to the US as a refugee, he can get PR status in a year after
coming to the US, but he still needs 5 years after that before he can
file for citizenship (unless he does it another way, like being married
to and living with a USC for 3 years.)

    > The reason I'm asking is because I'm concerned about visiting his family in
    > Cuba. If anything were to happen to us down there, if we are both citizens I
    > know that my gov't would have the right to intervene. If he is not a citizen
    > and Castro decides to detain him, I know my gov't would not be able to
    > intervene. Thank you,

Not correct. If Cuba considers him to still be a citizen of Cuba, there
is little the US can do if he is deatined in Cuba, even if he has been
naturalized as a US citizen.
 
Old Jul 8th 2003, 11:09 am
  #3  
Yael Martinez
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Posts: n/a
Default Re: Asylum process vs Fiance visa process

Depending on what you are filing for him. If he comes here on his own he
does not want to claim political asylum what he wants is the "ley the ajuste
cubano" than he can have his residency 1 year and 1 days after arrival. But
if you file for a fiancee visa I think you get the residency sooner.

Good Luck

"mrtravel" wrote in message
news:[email protected]...
    > [email protected] wrote:
    > > Hi All,
    > >
    > > I was wondering if anyone had any info on the asylum process. My fiance
is
    > > Cuban and I've heard that they can claim asylum and become citizens
within a
    > > year. This would be quicker than the two years in the fiance process.
    > >
    > He isn't going to be able to claim asylum while still in Cuba.
    > If he came to the US as a refugee, he can get PR status in a year after
    > coming to the US, but he still needs 5 years after that before he can
    > file for citizenship (unless he does it another way, like being married
    > to and living with a USC for 3 years.)
    > > The reason I'm asking is because I'm concerned about visiting his family
in
    > > Cuba. If anything were to happen to us down there, if we are both
citizens I
    > > know that my gov't would have the right to intervene. If he is not a
citizen
    > > and Castro decides to detain him, I know my gov't would not be able to
    > > intervene. Thank you,
    > Not correct. If Cuba considers him to still be a citizen of Cuba, there
    > is little the US can do if he is deatined in Cuba, even if he has been
    > naturalized as a US citizen.
 
Old Jul 8th 2003, 11:49 am
  #4  
vze33hss
Guest
 
Posts: n/a
Default Re: Asylum process vs Fiance visa process

Thank you Yael and Mr. Travel!!


in article [email protected], Yael Martinez at
[email protected] wrote on 7/8/03 6:09 PM:

    > Depending on what you are filing for him. If he comes here on his own he
    > does not want to claim political asylum what he wants is the "ley the ajuste
    > cubano" than he can have his residency 1 year and 1 days after arrival. But
    > if you file for a fiancee visa I think you get the residency sooner.
    >
    > Good Luck
    >
    > "mrtravel" wrote in message
    > news:[email protected]...
    >> [email protected] wrote:
    >>> Hi All,
    >>>
    >>> I was wondering if anyone had any info on the asylum process. My fiance
    > is
    >>> Cuban and I've heard that they can claim asylum and become citizens
    > within a
    >>> year. This would be quicker than the two years in the fiance process.
    >>>
    >>
    >> He isn't going to be able to claim asylum while still in Cuba.
    >>
    >> If he came to the US as a refugee, he can get PR status in a year after
    >> coming to the US, but he still needs 5 years after that before he can
    >> file for citizenship (unless he does it another way, like being married
    >> to and living with a USC for 3 years.)
    >>
    >>> The reason I'm asking is because I'm concerned about visiting his family
    > in
    >>> Cuba. If anything were to happen to us down there, if we are both
    > citizens I
    >>> know that my gov't would have the right to intervene. If he is not a
    > citizen
    >>> and Castro decides to detain him, I know my gov't would not be able to
    >>> intervene. Thank you,
    >>
    >> Not correct. If Cuba considers him to still be a citizen of Cuba, there
    >> is little the US can do if he is deatined in Cuba, even if he has been
    >> naturalized as a US citizen.
    >>
    >>
    >
    >
 
Old Jul 8th 2003, 12:48 pm
  #5  
Mrtravel
Guest
 
Posts: n/a
Default Re: Asylum process vs Fiance visa process

Yael Martinez wrote:
    > Depending on what you are filing for him. If he comes here on his own he
    > does not want to claim political asylum what he wants is the "ley the ajuste
    > cubano" than he can have his residency 1 year and 1 days after arrival. But
    > if you file for a fiancee visa I think you get the residency sooner.

Of course, I think there was some impression by the OP that he could get
asylum while still in Cuba. Additionally the impression that he could
then get citizenship in a year and this would make it safe for him to go
back to Cuba because the US would protect him as a citizen.
 
Old Jul 8th 2003, 12:51 pm
  #6  
Mrtravel
Guest
 
Posts: n/a
Default Re: Asylum process vs Fiance visa process

mrtravel wrote:
    > Yael Martinez wrote:
    >
    >> Depending on what you are filing for him. If he comes here on his own he
    >> does not want to claim political asylum what he wants is the "ley the
    >> ajuste
    >> cubano" than he can have his residency 1 year and 1 days after
    >> arrival. But
    >> if you file for a fiancee visa I think you get the residency sooner.
    >
    >
    > Of course, I think there was some impression by the OP that he could get
    > asylum while still in Cuba. Additionally the impression that he could
    > then get citizenship in a year and this would make it safe for him to go
    > back to Cuba because the US would protect him as a citizen.
    >

Of course, with the other post, I can see that he is in Brazil.
If he is a legal resident of Brazil, then I think that might affect his
ability to claim asylum due to him being Cuban. After all, since he is
legally in Brazil, he has no problems with being persecuted by Castro.
 
Old Jul 8th 2003, 12:57 pm
  #7  
vze33hss
Guest
 
Posts: n/a
Default Re: Asylum process vs Fiance visa process

Hi Mr. Travel,

Sorry, I didn't make it clear. Salvador is a Cuban citizen living in Buenos
Aires, Argentina. He has not seen his parents/family in about 8 years. Since
he is Cuban, his petition process is that of a Cuban even though he is
living in BA. So our process is taking longer than usual, which is ok. I
fully understand that we must have a more thorough screening process in
order to protect the union.
I just would like him to be able to visit his parents, (who are 80 now) and
his other family members with just a little security that the US would
intervene if he were detained. That is my biggest fear, that we have gone
through this long and drawn out process, just to be detained in Cuba and
have to deal with another ordeal.

Toria


in article [email protected], mrtravel at
[email protected] wrote on 7/8/03 7:48 PM:

    > Yael Martinez wrote:
    >> Depending on what you are filing for him. If he comes here on his own he
    >> does not want to claim political asylum what he wants is the "ley the ajuste
    >> cubano" than he can have his residency 1 year and 1 days after arrival. But
    >> if you file for a fiancee visa I think you get the residency sooner.
    >
    > Of course, I think there was some impression by the OP that he could get
    > asylum while still in Cuba. Additionally the impression that he could
    > then get citizenship in a year and this would make it safe for him to go
    > back to Cuba because the US would protect him as a citizen.
    >
    >
    >
    >
 
Old Jul 8th 2003, 1:02 pm
  #8  
Mrtravel
Guest
 
Posts: n/a
Default Re: Asylum process vs Fiance visa process

[email protected] wrote:
    > Hi Mr. Travel,
    >
    > Sorry, I didn't make it clear. Salvador is a Cuban citizen living in Buenos
    > Aires, Argentina. He has not seen his parents/family in about 8 years. Since
    > he is Cuban, his petition process is that of a Cuban even though he is
    > living in BA. So our process is taking longer than usual, which is ok. I
    > fully understand that we must have a more thorough screening process in
    > order to protect the union.
    > I just would like him to be able to visit his parents, (who are 80 now) and
    > his other family members with just a little security that the US would
    > intervene if he were detained. That is my biggest fear, that we have gone
    > through this long and drawn out process, just to be detained in Cuba and
    > have to deal with another ordeal.
    >

He can't file for citizenship for 3 years after becoming a permanent
resident, which won't happen in your case until you marry, file for
adjustment of status, and get AOS approved. Add time for the
naturalization to be approved and for him to get sworn in, and a
passport, and we are talking about 5 years before he can travel as a
citizen. Even then, if Cuba still believes him to be a Cuban citizen,
there is little the US can do if he is detained in Cuba. Getting US
citizenship does alway relieve you of the problems you face with your
non US citizenship.
 

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