Cuban Adjustment Act - Please help!

[nanobel 0]

I'm not sure where to post this. I'm applying for my green card through the Cuban Adjustment Act. In March I sent all the paperwork away including my I-102 form for my I-94. I got back a letter that says:

"On June 2, 2011, you submitted correspondence, your marriage certificate, child's birth certificate, divorce decree, birth certificate, and a copy of your mother's passport. The evidence submitted adn a search of U.S. Citizenship and Immigration Services (USCIS) records fails to verify the applicant's arrival in the United States as claimed."

Would this mean that I have to reapply for asylum? I entered in 1980 with my mother when I was 5.

Also, the I-485 people are asking me to send in supporting documentation. My I-94 is one of the things they are asking for. I do not have it. They gave me 80-something days to send in the information and this time ends on June 24th. So I need to figure this out ASAP! I'd HATE to have to reapply again. How can I apply for them to give me extra time? I need a LONG time to get this figured out. I was hoping for at least 6 months to be sure I can have everything they are asking for for my husband. Our application process was extremely difficult and I don't want to lose what we've started, especially for me.

Thanks!

[milimelo 4,505]

Moving to AOS from student, work, tourist visa as there never was a family petition/visa in place.

Failure to respond in the time indicated WILL get your petition denied and you will have to either start all over or get the motion to re-open in place (with all the fees).

[JimVaPhuong 4,863]

I'm not sure where to post this. I'm applying for my green card through the Cuban Adjustment Act. In March I sent all the paperwork away including my I-102 form for my I-94. I got back a letter that says:

"On June 2, 2011, you submitted correspondence, your marriage certificate, child's birth certificate, divorce decree, birth certificate, and a copy of your mother's passport. The evidence submitted adn a search of U.S. Citizenship and Immigration Services (USCIS) records fails to verify the applicant's arrival in the United States as claimed."

Would this mean that I have to reapply for asylum? I entered in 1980 with my mother when I was 5.

Also, the I-485 people are asking me to send in supporting documentation. My I-94 is one of the things they are asking for. I do not have it. They gave me 80-something days to send in the information and this time ends on June 24th. So I need to figure this out ASAP! I'd HATE to have to reapply again. How can I apply for them to give me extra time? I need a LONG time to get this figured out. I was hoping for at least 6 months to be sure I can have everything they are asking for for my husband. Our application process was extremely difficult and I don't want to lose what we've started, especially for me.

Thanks!

They're saying they can't verify that you were admitted or paroled into the US, and the documents you submitted aren't sufficient proof. You should start by talking with your mother and see what other documents she might have from that time.

[nanobel 0]

They're saying they can't verify that you were admitted or paroled into the US, and the documents you submitted aren't sufficient proof. You should start by talking with your mother and see what other documents she might have from that time.

She/we have nothing. Immigration actually kept our passports and everything when we entered. All I had was an old parole document and I lost it. I have no copies of it, either.

Is there a way to ask for more time so that I can figure out what to do?

When my mother adjusted they gave her back her passport, but not mine. And in her passport it says nothing about me.

[nanobel 0]

Why was my thread moved? Not that I mind, but I just don't get why it was moved here. I'm not applying because of a work, tourist or student visa. But as a Cuban refugee.

I had posted in the other forum because my husband is trying to adjust through me, thus family based.

In any case, I guess it's all the same. I was just a little lost when I couldn't find my thread. : )

[JimVaPhuong 4,863]

Why was my thread moved? Not that I mind, but I just don't get why it was moved here. I'm not applying because of a work, tourist or student visa. But as a Cuban refugee.

I had posted in the other forum because my husband is trying to adjust through me, thus family based.

In any case, I guess it's all the same. I was just a little lost when I couldn't find my thread. : )

You didn't enter with a family based visa, so you're not adjusting status from one. About the only family based visa left that requires adjustment of status after arriving in the US is the K1, since the K3 is pretty much obsolete. This forum is for people adjusting from pretty much every other kind of visa. The process is slightly different for K1's and everyone else, hence the reason for a different forum.

Normally, I would recommend someone in your case file a request with USCIS for a replacement copy of your admission/parole documents, but USCIS obviously doesn't have a record or they wouldn't have kicked back your I-102. I'm sure there's a bunch of immigration lawyers in Florida who would know exactly what to do in your case, but I'm at a loss. If nobody else chimes in with any great suggestions, you might consider a consultation with an immigration lawyer who specializes in CAA cases.

BTW, did you ever have to present your parole document to anyone for any reason? Any chance somebody might have made a copy of it somewhere? School? Bank? Employer? Anyone?

[nanobel 0]

I never had to present that document anywhere. Well, in school when I was little, I think, but that was decades ago. I will ask my mother if anyone might have a copy.

Would my mother's records have my information since I arrived with her when I was 5?

I had a friend in immigration (my ex-husband's friend, actually) tell me that he tried looking for my records and that they were "sealed." I don't understand why they'd deny me my I-94. Since I entered in 1980 they'd have to have some record of that, right? Or should I have asked for an initial I-94? I barely have any time left and have no clue what to do. My pastor is asking a friend of his who is an immigration attorney, but it's like you say I should probably contact someone in FL. I already paid a consultation fee for one in the Jorge Rivera firm, but they said they couldn't help me with my husband's case (he entered without inspection and we were trying to adjust with the CAA, so that's another mess). Maybe they'll put that consult fee toward legal fees...

Thanks for the help! : )

[JimVaPhuong 4,863]

I never had to present that document anywhere. Well, in school when I was little, I think, but that was decades ago. I will ask my mother if anyone might have a copy.

Would my mother's records have my information since I arrived with her when I was 5?

I had a friend in immigration (my ex-husband's friend, actually) tell me that he tried looking for my records and that they were "sealed." I don't understand why they'd deny me my I-94. Since I entered in 1980 they'd have to have some record of that, right? Or should I have asked for an initial I-94? I barely have any time left and have no clue what to do. My pastor is asking a friend of his who is an immigration attorney, but it's like you say I should probably contact someone in FL. I already paid a consultation fee for one in the Jorge Rivera firm, but they said they couldn't help me with my husband's case (he entered without inspection and we were trying to adjust with the CAA, so that's another mess). Maybe they'll put that consult fee toward legal fees...

Thanks for the help! : )

Contact the school and see if they have a photocopy of your parole document.

Your mother's USCIS file would almost certainly contain information that she entered with you, but I don't know if her admission documents would contain that information, and if it did whether that would satisfy USCIS. Even the information in her file might not be good enough since they might consider that anecdotal evidence and not an actual record of your admission, and you'd need to file an FOIA request to get to her file. You don't have time for that.

USCIS has already told you that they don't have a record of your entry that matches your claims. If an error was made on your admission documents that that would explain why they can't find a record that matches your claims, but you have the responsibility of producing the record that establishes when you were admitted, and under what terms.

[nanobel 0]

Thank you so much. I have contacted two of my schools and hopefully they can come up with something. One school can't figure out where the records are (private school), but they are still searching, and I had to send a form out to the other. I hope they are able to help. I called USCIS and the lady read somehting that said they do not extend. She said to send in what I have for proof of a year's presence and write them that I will send it my I-94 when I have it.

I have another question and it's by far more important that I figure this out. I have contacted attorneys about this here and they can't help or aren't responding to my calls. I also contacted the Catholic Org for help with immigration and they responded once, and never again. My pastor has asked several attorney's he knows, but not one has responded. The one that said they'd get back to him never did. So I feel like a nag lately, but we've had the worst luck with this.

The thing is that I thought that the CAA would allow my husband to adjust. I was wrong. It does allow the spouse of a CU6 Cuban, which I am, to adjust, but they have to have entered legally (inspected and admitted or paroled). Everything about the CAA applies to the spouse, including that it doesn't matter what port of entry or how they entered or whatever. So it does apply to him. The thing is that there is that part about having to be paroled. I as a Cuban can get paroled whenever, but there is nothing to allow him to get paroled. Although I've read there is a way, but can't find anyone to help me or guide me.

I didn't know this in March and when I read the CAA I figured there would be some way he could be paroled. I should have found out about that first, but I thought that applying for the I-94 was the way to do this. Those wheels are rolling now and they can't be stopped. I just want to know if you have any insight on how this will develop. Will he get deported? Ordered to go to court? What normally happens when someone's I-485 gets denied and they are here undocumented?

The other thing I'm trying to find out is if I can apply for asylum and he would be able to apply with me as my spouse? I know if I was able to get asylum he'd be able to follow. I just don't know if I can request asylum after being here so long. I've been wondering if USCIS not being able to find my records actually works in my favor... I know I'm grasping at straws here, but I'm desperate, as I'm sure many here are.

Do you think there is any way that if I get my greencard and rollback the date so I can naturalize immediately, if there is any way he can adjust in the US? I'm sick and can't work. I have no clue what I'd do if he had to leave, even for a few months.

Sorry for the million questions. I really do appreciate it.

[JimVaPhuong 4,863]

I'm not going to touch the questions about the CAA. You need a lawyer with specific experience with CAA cases, and most of them are going to be in Florida. I suspect the reason you're not getting a lot of response from attorneys is because you're essentially asking for "pro bono" assistance. While some attorneys are very magnanimous about donating their time, they have a limited amount of time they can donate, and a long list of people waiting for a share of that time. You'll get some immediate attention if you can pony up some dough for a retainer. Reach out to family and friends for a loan.

You can apply for asylum anytime, even when they're dragging you to the plane after deportation. The reason more people don't do it is because a frivolous asylum claim can get you booted out of the US for good. It's unlikely they would determine an asylum claim from a Cuban national would be frivolous. BTW, when your asylum application is accepted you would be paroled into the US while awaiting the decision on the claim.

They can't retroactively change the date you become an LPR in order to expedite your eligibility for citizenship. I've never seen any provision in US immigration law that would permit this.

[nanobel 0]

I'm not going to touch the questions about the CAA. You need a lawyer with specific experience with CAA cases, and most of them are going to be in Florida. I suspect the reason you're not getting a lot of response from attorneys is because you're essentially asking for "pro bono" assistance. While some attorneys are very magnanimous about donating their time, they have a limited amount of time they can donate, and a long list of people waiting for a share of that time. You'll get some immediate attention if you can pony up some dough for a retainer. Reach out to family and friends for a loan.

You can apply for asylum anytime, even when they're dragging you to the plane after deportation. The reason more people don't do it is because a frivolous asylum claim can get you booted out of the US for good. It's unlikely they would determine an asylum claim from a Cuban national would be frivolous. BTW, when your asylum application is accepted you would be paroled into the US while awaiting the decision on the claim.

They can't retroactively change the date you become an LPR in order to expedite your eligibility for citizenship. I've never seen any provision in US immigration law that would permit this.

Thanks! I'm going to find out about asylum. The attorneys I've contacted here have not been for pro-bono, though I have offered bartering interpreter services. :/ I contacted someone from the Jorge Rivera firm in Miami and paid the consultation fee. They weren't able to help me. I'm not sure how experienced the attorney who answered the phone was because she had to go ask to be sure that my husband could not be paroled. I mentioned asylum, but she thought that wouldn't fly. But at the time I didn't know that my I-94 would be denied.

I'm going to speak with an attorney today, do you think it's essential that they be in Florida?

I think the thing with the date can be done because when I mentioned it to the Jorge Rivera people she said, "Now that, yes, it's possible." I only know about it because it's in the I-485 form and then got curios and went to research it.

[nanobel 0]

Here's that part about a rollback. I misread and thought it could be rolledback to when I was eligible, but now I see it's only to 30 months (2.5 years), which still leaves me with 2.5 years to be able to naturalize, no? I'm not sure what the time frames for that are. I guess it's only for the CAA. I thought it was for everyone.

(2) General Rollback Provisions . When adjudicating an I-485 under section 245 of the INA, the date of admission for lawful permanent residence is the date on which the case is completed, i.e., when the I-181 is signed off. This is not the case with an application under the CAA. When an I-485 is to be approved for a Cuban applicant, the alien's admission for permanent residence is thirty months prior to the filing of his or her application, or the date of his or her last arrival in the U.S., whichever date is later. Consider these example s:

• A Cuban national is paroled into the U.S. on March 1, 1986. On June 3, 1992, he files an I-485. When his application for adjustment is approved, his date of admission for permanent residence will be December 3, 1989. In this case, the applicant can be granted rollback of a full thirty months, as he was paroled into the U.S. over thirty months before filing for adjustment.

• A Cuban national is admitted to the U.S. as a nonimmigrant visitor for pleasure on January 10, 1990. On April 3, 1992, he files an I-485. When his application for adjustment is approved, his date of admission for permanent residence will be January 10, 1990. In this case, rollback of thirty months is impermissible, as the date of adjustment would precede the applicant's entry into the U.S.

The non-Cuban spouse and children of a qualifying Cuban applicant are entitled to the same rollback provisions as the principal alien. However, their rollback date can not precede the date of the qualifying marriage. Although this rule has been adopted as a matter of policy, it has no basis in statute or regulation. Rather, it is an application of the general principle that a benefit can not accrue to an alien before eligibility exists.

(3) Special Rollback Provisions Pertaining to “Mariel” Entrants . Between April 1, 1980 and October 10, 1980, approximately 125,000 Cuban nationals were paroled into the U.S. as a part of what is commonly referred to as the "Mariel boatlift." These aliens were given I-94s bearing the designation "Cuban-Haitian Entrant." A Mariel entrant is eligible to apply for the benefits of the CAA, and will generally receive thirty months of rollback as described above. However, a Mariel entrant who filed his or her application for adjustment of status before February 1, 1987, shoul d be granted "rollback" to his initial parole date in 1980.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-6539/0-0-0-7638.html

[nanobel 0]

I just spoke to an attorney who said I can only apply for parole one year after having arrived. I did read something about extrenous circumstances, but I don't know if immigration not having any record would count...

[JimVaPhuong 4,863]

Again, I'm not going to touch the CAA questions. The law is too complicated, and it doesn't come up often enough on VJ for me to spend the time to study it. I'm not trying to insult you or anything. It's just that I could spend hours learning this stuff, and then never use it again.

I'm guessing the most experienced lawyers will be in Florida because that's where the majority of Cuban immigrants arrive, and where a good many of them stay. If you can find an attorney who is knowledgeable and experienced with the CAA in another part of the country then hire them, by all means. It just seems to me to be natural to assume that you'd have a better chance of finding the right attorney in Florida.

[nanobel 0]

I just spoke to an attorney who said I can only apply for parole one year after having arrived. I did read something about extrenous circumstances, but I don't know if immigration not having any record would count...

Oops, I meant "asylum," not "parole." They said I could not apply for asylum after a year. I will speak with her more in depth about this at our appointment, Monday.

This attorney I found doesn't have any experience in the CAA. She said she's been practicing one year and hasn't had one case. But she's willing to help me and she was able to tell me to go to the CBP and write a letter, a FOIA (Freedom Of Information Act) request, for my records. She said that since I was inspected when I entered they would have this and it's also WAY faster (20 days) than USCIS. It's also a free service.

She said it was simple enough that I can do it myself or she could do it for $500. I looked up the information and wrote the letter and am sending it away right now. I'm also sending a letter to withdraw my husband's I-485.

And I'm not insulted at all. I totally understand. And thanks for all the help!

Let me ask something you might know. When USCIS asks for evidence of physical presence in the US for the past year, what exactly would they want? I can't just send in all my bills, can I? I'm imagining they want something like school or employment records, medical records, etc. I can't find anything. I haven't worked or gone to school. I was thinking of doing a few letters from my pastor and a couple neighbors, marriage certificate, and a couple other things I have.