lelou

My step dad is Cuban citizen here in the UK at the moment and my three little brothers are still living in Cuba. We have heard talk about the Cuban Ajustment Act that lets Cubans basically have special right when they get inside the US, they can get a work permit and 12month later get a green card. I have looked it up and im trying to find as much information about it as possible but all I can find is this link from the uscis site
http://uscis.gov/graphics/services/residency/CAA.htm

I was wondering if any one else out there has anymore information about this or where I could find more information other than on the USCISs link. I really really would appreciate it if anyone knows this information or can direct me to somewhere where I can find it. I am especially interested in finding out how old the Cuban citizen needs to be to be able to adjust under this act.

Thank you very much in advance.

Rete

That law, I believe and welcome others to correct me, is for Cubans who arrive in the US directly from Cuba not from other countries, i.e. the UK. He was lucky enough to make it out of Cuba and live in a free country, why do you think he would be granted special favors to reside in the US?

lelou

There is no way for a Cuban to go directly from Cuba to the US, they all have to go to another country first as the US as an embargo on cuba.( unless they swim over!!!) So I dont see him being in the UK at the moment as being a problem. But thank you very much for taking the time to reply back anyway

Ingo Pakleppa - see web site for email

On Thu, 30 Sep 2004 13:53:26 +0000, lelou wrote:

    >
    >> That law, I believe and welcome others to correct me, is for Cubans
    >> who arrive in the US directly from Cuba not from other countries, i.e.
    >> the UK. He was lucky enough to make it out of Cuba and live in a free
    >> country, why do you think he would be granted special favors to reside
    >> in the US?
    >
    > There is no way for a Cuban to go directly from Cuba to the US, they all
    > have to go to another country first as the US as an embargo on cuba.(
    > unless they swim over!!!) So I dont see him being in the UK at the
    > moment as being a problem. But thank you very much for taking the time
    > to reply back anyway :)

Actually, there are direct flights between the US and Cuba; there are
exceptions to the embargo.

Still, my impression (and I really don't know this) is that, just as you
say, it does not actually matter how the Cuban arrived in the US. Rete's
rationale is interesting, but as far as I know, wrong. The CAA isn't
intended as some kind of refugee policy (for that, we'd have the regular
refugee or asylum processes, and people from many countries who are in
far deeper trouble and more deserving). It's intended as a political tool
due to a special relationship between the USA and Cuba.

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Karlshammar

No, you can come from anywhere. As long as you're a Cuban citizen or national, you and your spouse and kids are eligible to adjust under the act. You could be a dual citizen Brit and Cuban, make millions a year and come over on a tourist visa for fun and just stay and adjust under the Act. Yeah, the Cuban Adjustment Act is quite special... All Cubans are granted special favors, unless they're criminals or junkies or something like that.

crg

You're partly right. I believe if the Cuban is determined to have resettled in a safe third country they may not be allowed to stay or get a green card. For example, if the person has lived legally in the UK for several years, they may be denied because they are no longer fleeing Cuba. They consider it on a case by case basis.

Karlshammar

Not true. See my post above. As long are you're a Cuban citizen or national, you're in, provided you're not otherwise disqualified, such as by being a criminal.

As far as I know, only one person was ever denied for having already resettled. That person was a dual citizen of Cuba and a European country (I forget which one). He appealed his denial to the Board of Immigration Appeals, won and got his green card.

crg

It is in the law somewhere, isn't it? Maybe the BIA is holding out for the Cuban who's been resettled for 40 years to set the precedent.

Karlshammar

It's not in the law anywhere. The law basically just requires that a) you're a Cuban citizen or national and b) you have been in the USA for 1 year and c) you arrived at an open port-of-entry OR you have been paroled. The law nowhere mentions coming straight (or promptly) from Cuba, dual citizenship or residence in another country or length of residence anywhere, except for the 1-year in the USA requirement.

The BIA has already ruled on the matter, as I mentioned, and any ruling by the BIA is precedent-setting and binding on the USCIS nationwide.

To sum it up, if you wanna come here permanently, being Cuban is the best way!