Bringing Cuban boyfriend to US - tourist visa or CAA?

[matty2013 0]

My partner is Cuban, currently living in Italy, and would like to come to the US - at least for a visit, and potentially to stay and live under the Cuban Adjustment Act.

I have been doing a lot of research online but still have many questions surrounding how he can get here, how the CAA works in practice and what it all means for his rights in Cuba.

1. Clearly it is very hard for Cubans to get a US tourist visa from Cuba. Does anyone have any idea how it would be applying from a third country like Italy? (Likelihood of him getting it/processing time, etc)

2. If he does arrive in the US on a tourist visa, can he then apply to stay under the CAA? If so, what is the process and can he work here immediately?

3. If he has to apply for entry under the CAA from Italy and arrives here on that basis, what does this mean for his rights as Cuban (whether or not he applies for a green card after one year)? Can he return to visit and/or live in Cuba? Does he lose any rights as a Cuban? Does it make any difference if he arrives on a tourist visa and then changes status under the CAA?

I have heard and read conflicting information and obviously this is an extremely important consideration. I know that the Cuban government recently changed their laws and there has been a lot of discussion in the US media about Cubans potentially

being able to live between the two countries without their losing rights (within the first 24 months) - but I have also read that Cubans who have "emigrated" are only entitled to visit for 3 months of the year. So I don't understand at which point a Cuban seeking to live here under the CAA is considered to have "emigrated" - when they apply for paroled entry under the CAA (if this is how it is done) or when they receive a Green Card, after one year?

I was actually told by one American immigration lawyer that it would be easier for him to come here seeking asylum than as a tourist, which seems ridiculous. Basically we need to understand all the procedures and implications both in terms of his standing both in the US and in Cuba before he makes any decisions.

It has been very hard for him to research this in Cuba, as I'm sure you can all imagine.

Thanking you in advance.