Invalid visa

[Boiler 45,952]

You have not mentioned what the basis is of his asylum claim so I will assume there is not a very valid one.

 

So his focus should be on getting home asap unless he likes sitting in detention.

[Ben&Zian 4,398]

[Cubana1984 0]

3 minutes ago, Boiler said:

You have not mentioned what the basis is of his asylum claim so I will assume there is not a very valid one.

 

So his focus should be on getting home asap unless he likes sitting in detention.

Judge gave him opportunity to apply for asylum based of politic in Cuba and yes he Is  in detention over one month already?

Edited February 5, 2017 by Cubana1984
Mistake word

[Boiler 45,952]

Like I said anyone can apply for Asylum, you still have not mentioned the basis of HIS claim.

 

You do not have to have the permission of a Judge to apply.

[geowrian 22,338]

1 minute ago, Cubana1984 said:

Judge gave him opportunity to apply for asylum based of politic in Cuba and yes he Is  in detention over one month already?

An opportunity does not imply a valid claim to obtain asylum. Given the "normalized" relations with Cuba, asylum will be very difficult to prove based on politics. He needs a good lawyer for his case, if he wants to pursue it. It will not be quick, and it will be expensive.

[Cubana1984 0]

1 minute ago, Boiler said:

Like I said anyone can apply for Asylum, you still have not mentioned the basis of HIS claim.

 

You do not have to have the permission of a Judge to apply.

I will tell you something, I never been in that situations before and I don't know nothing about those things. I never need in court and in the jail, I am very confused and lost. I just need advice that's why I am here, to see what other people can tell me. I feel terible and sad, I never knew that my foot will step in the jail and person who I care will be there.

[Boiler 45,952]

We keep on going around in circles, we are left with him discussing his situation with an Immigration Lawyer.

 

Usually if someone is applying for Asylum it is pretty obvious why.

[Transborderwife 4,666]

1 minute ago, Boiler said:

We keep on going around in circles, we are left with him discussing his situation with an Immigration Lawyer.

 

Usually if someone is applying for Asylum it is pretty obvious why.

Indeed.  Playing the victim tends to happen a lot here in situations such as these when education could have helped.

[Cubana1984 0]

1 minute ago, Transborderwife said:

Indeed.  Playing the victim tends to happen a lot here in situations such as these when education could have helped.

Thank you for you to advice

[Crazy Cat 42,102]

1 hour ago, Ben&Zian said:

+1

[JayJayH 546]

1 hour ago, Cubana1984 said:

I will tell you something, I never been in that situations before and I don't know nothing about those things. I never need in court and in the jail, I am very confused and lost. I just need advice that's why I am here, to see what other people can tell me. I feel terible and sad, I never knew that my foot will step in the jail and person who I care will be there.

There used to be a policy for Cubans who ended up on U.S. shores with no visa that they could apply for asylum, as the Cuban regime was seen by the U.S. as the deepest, darkest abyss of hell. That changed with the warming up of diplomatic relations with Cuba.

 

The reason visa holders might be treated differently is because in order to get a tourist visa to begin with, he would have had to convince a consular officer of why he intended to return to Cuba, ties to Cuba etc. Overall, it just makes a claim for asylum weaker. If you apply for a visa, you do so with a plan and with the understanding that you intend to return. If you show up in Key West in a floating refrigerator, you're obviously escaping something.

 

Asylum isn't something you get because you know someone who got it, and others got it.

Asylum isn't a 'legal' status per se, so much as it is protection against being sent back. So what does he need protection from? That's where an asylum claim starts.

Is there someone in Cuba who wants to kill him? Torture him? Imprison him for no good reason? And if so, are Cuban authorities either implicated and/or completely unable to protect him?

 

That's where brainstorming an asylum case begins. Then take it to an immigration lawyer.

Edited February 5, 2017 by JayJayH

[Cubana1984 0]

3 minutes ago, JayJayH said:

There used to be a policy for Cubans who ended up on U.S. shores with no visa that they could apply for asylum, as the Cuban regime was seen by the U.S. as the deepest, darkest abyss of hell. That changed with the warming up of diplomatic relations with Cuba.

 

The reason visa holders might be treated differently is because in order to get a tourist visa to begin with, he would have had to convince a consular officer of why he intended to return to Cuba, ties to Cuba etc. Overall, it just makes a claim for asylum weaker. If you apply for a visa, you do so with a plan and with the understanding that you intend to return. If you show up in Key West in a floating refrigerator, you're obviously escaping something.

 

Asylum isn't something you get because you know someone who got it, and others got it.

Asylum isn't a 'legal' status per se, so much as it is protection against being sent back. So what does he need protection from? That's where an asylum claim starts.

Is there someone in Cuba who wants to kill him? Torture him? Imprison him for no good reason? And if so, are Cuban authorities either implicated and/or completely unable to protect him?

 

That's where brainstorming an asylum case begins. Then take it to an immigration lawyer.

Thank you