Cuban Refugee and Honduran (Illegal Alien)

[nanobel 0]

Hi! I have a question, which I'm having a ton of trouble finding an answer for...even from attorneys in my area. I'm in Alabama and have yet to find one who is knowledgeable about the CAA.

If a Honduran entered the US illegally and marries a Cuban national, who has not yet applied to adjust her status to US resident, will the CAA apply to the husband as well? Or would he be subject to the 3/10-year ban? I know the act has that clause about how it applies to a spouse of any nationality who is not otherwise "inadmissible." I'm trying to figure out if inadmissibility refers to illegal entry, as well as criminal acts, acts of terrorism, et cetera.

Here is a short timeline.

1980 - I arrive as a young child to the US by Mariel boatlift. My mother never applies for our green cards (which may be a blessing in disguise, now that I think about it)

2003 - Soon-to-be-husband arrives at the US, illegally.

2005 - We meet, move in together.

2007 - Have our child, January

Presently - Debating on how to go about this without being separated, which we are not willing to do. Will the CAA protect him as well and we can do everything while in the US? If not, then I would get my green card, first. Wait until I get it, apply to adjust my date of residency to my date of entry, and apply for citizenship. Marry. Then I'd apply for his green card, go for a waiver, I-601, and worst case scenario, wait out the process in his country, together.

Since I'm sure it's relevant, he has never been in any trouble with the law. Doesn't do drugs, smoke, drink, etc. Very law-abiding (except for the obvious), good person.

I'd greatly appreciate any help you can offer. Thanks!

Ana

[Abdul2 10]

Ana

There are lot of legal loopholes for anyone who enters US legally , inspection by a Immigration Officer. Otherwise if someone crosses the border without being inspected the consequences will be severe. Most possibly banned for 10 years

Talk to a real good lawyer , but I doubt the success !

[LIFE'SJOURNEY 970]

Hi! I have a question, which I'm having a ton of trouble finding an answer for...even from attorneys in my area. I'm in Alabama and have yet to find one who is knowledgeable about the CAA.

If a Honduran entered the US illegally and marries a Cuban national, who has not yet applied to adjust her status to US resident, will the CAA apply to the husband as well? Or would he be subject to the 3/10-year ban? I know the act has that clause about how it applies to a spouse of any nationality who is not otherwise "inadmissible." I'm trying to figure out if inadmissibility refers to illegal entry, as well as criminal acts, acts of terrorism, et cetera.

Here is a short timeline.

1980 - I arrive as a young child to the US by Mariel boatlift. My mother never applies for our green cards (which may be a blessing in disguise, now that I think about it)

2003 - Soon-to-be-husband arrives at the US, illegally.

2005 - We meet, move in together.

2007 - Have our child, January

Presently - Debating on how to go about this without being separated, which we are not willing to do. Will the CAA protect him as well and we can do everything while in the US? If not, then I would get my green card, first. Wait until I get it, apply to adjust my date of residency to my date of entry, and apply for citizenship. Marry. Then I'd apply for his green card, go for a waiver, I-601, and worst case scenario, wait out the process in his country, together.

Since I'm sure it's relevant, he has never been in any trouble with the law. Doesn't do drugs, smoke, drink, etc. Very law-abiding (except for the obvious), good person.

I'd greatly appreciate any help you can offer. Thanks!

Ana

Ana, the CAA will not protect him.

[nanobel 0]

I'm in Alabama, and am having a lot of trouble finding an attorney who is knowledgeable about Cuban immigration laws. I've had to claim my older sister form Cuba on my own because I wasn't able to find an attorney that didn't need guidance from me, which defeats the purpose. I'm finding that a lot of attorneys are very specialized in one area, depending on where they live and the immigrant groups they deal with, and I have a hard time trusting someone who needs to "do some research," before they get back to me "on that one."

I have read a few things that lead me to believe that there is some sort of benefit. One thing was this politician news guy complaining about how Cuban immigrants have all these "unfair to everyone else," benefits and how this causes a problem because illegal aliens actively seek Cubans to marry so they can become legal. And he was talking about those who entered illegally.

Here is what the CAA says:

The CAA applies to the alien's spouse and children regardless of their country of citizenship or place of birth, provided:

•the relationship continues to exist until the dependent spouse or child adjusts status;

•they are residing with the principal alien in the United States;

•they make an application for adjustment of status under the Cuban Adjustment Act;

•they are eligible to receive an immigrant visa; and

•they are otherwise admissible to the United States for such permanent residence.At first I thought "otherwise admissible" was because they had to have entered legally. However, everything I've found about it has been dealing with serious criminal acts, such as a felony.

The other thing I read was from an attorney stating that it does protect the spouse as long as the relationship was formed BEFORE the Cuban national got their green card, which would apply to us.

I will be speaking to my sister's attorney who resides in Miami and I'm sure she knows a bit more about this stuff...Hopefully she can steer me in the right direction.

[Boiler 46,176]

He can not adjust in country because he was not inspected.

He has no ban, until he leaves. He then is not admissible due to the ban, without a waiver.

If he had entered on a Visa I believe he could have adjusted with you, usually that only works with Citizens.

I am sure the Lawyers in Miami will be much more clued up.