USCIS's illegal actions - Attention all Ukraine, Cuba, Haiti, Venezuela, and Nicaragua immigrants

[Ban Hammer 13,837]

  On 3/24/2025 at 3:31 PM, wazzujoel said:

Only caring about your own rights, is the recipe for losing your rights. 

 

(Not directed any anyone in particular... Just something reading this post should keep in mind. )

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except the fact that immigration is a privilege, not a right.

[Boiler 46,532]

HP is not immigration, it is a temporary status.

Edited Monday at 05:12 PM by Boiler

[hplusj 272]

  On 3/24/2025 at 2:41 PM, wazzujoel said:

You're right, I have no proof, and I fully admit I could be wring and it could not be direction coming from the potus..... However it sure smells like it.   

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Occam's razor is a helluva thing.  It also has the tendency to promote certain theories when one is looking for a reason to be upset about a particular issue.  Or person.

 

Looking forward to your Stalin write-ins over a hunch. 

[Crazy Cat 42,940]

  On 3/24/2025 at 3:00 PM, wazzujoel said:

 

I have a document from Homeland Security that clearly states that the 5 people I sponsored were "inspected and paroled" to the USA. It's stamped with their legal endorsement. 

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That, in itself, does not make a person eligible to Adjust Status.  Weren't these programs designed to be temporary stays in the US? What am I missing?

Edited Monday at 07:02 PM by Crazy Cat

[wazzujoel 92]

  On 3/24/2025 at 6:42 PM, Crazy Cat said:

That, in itself, does not make a person eligible to Adjust Status.  Weren't these programs designed to be temporary stays in the US? What am I missing?

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Have you actually read the 1966 US law Cuban Adjustment Act? 

 

"section 245(c) of the Immigration and Nationality Act, the status of any alien who is a native or citizen of Cuba and who has been inspected and admitted or paroled into the United States subsequent to January 1, 1959 and has been physically present in the United States for at least two years, may be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence if the alien makes an application for such adjustment"

 

The US law that allows a Cuban to adjust is not dependent on their legal admission to the USA. They only need to be inspected and admitted, or paroled to the USA which is absolutely the case in my situation. This is why it was very odd that Biden even included Cubans in this program, because for Cubans only, a two year temporary stay is automatic permanent per this 1966 US law. Are you aware that that Cubans illegally enter the USA frequently, and then adjust legally under this 1966 law once they meet the requirements of time in the USA? There is a long history of this adjustment path, and USCIS would have a difficult time denying someone with the substantial case law already around this topic. 

 

I understand that there are those that might think this shouldn't be US law. fair enough, email your congressman because it takes a act of congress to kill this law. I'm neither a proponent or opponent of this law, however I do think it's not fair to attack anyone that adjusts under this law as they are just following an established immigration path per US law. 

[Dashinka 25,167]

  On 3/24/2025 at 6:42 PM, Crazy Cat said:

That, in itself, does not make a person eligible to Adjust Status.  Weren't these programs designed to be temporary stays in the US? What am I missing?

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The Cuban Adjustment Act is different than what Biden did relative to HP.  I was hypothesizing a reason the administration/USCIS may have paused CAA I485s if they thought the Biden HP was unlawful the Trump Administration may be thinking the people entered without inspection which is a requirement for CAA.

[Dashinka 25,167]

  On 3/24/2025 at 9:23 PM, wazzujoel said:

 

Have you actually read the 1966 US law Cuban Adjustment Act? 

 

"section 245(c) of the Immigration and Nationality Act, the status of any alien who is a native or citizen of Cuba and who has been inspected and admitted or paroled into the United States subsequent to January 1, 1959 and has been physically present in the United States for at least two years, may be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence if the alien makes an application for such adjustment"

 

The US law that allows a Cuban to adjust is not dependent on their legal admission to the USA. They only need to be inspected and admitted, or paroled to the USA which is absolutely the case in my situation. This is why it was very odd that Biden even included Cubans in this program, because for Cubans only, a two year temporary stay is automatic permanent per this 1966 US law. Are you aware that that Cubans illegally enter the USA frequently, and then adjust legally under this 1966 law once they meet the requirements of time in the USA? There is a long history of this adjustment path, and USCIS would have a difficult time denying someone with the substantial case law already around this topic. 

 

I understand that there are those that might think this shouldn't be US law. fair enough, email your congressman because it takes an act of congress to kill this law. I'm neither a proponent or opponent of this law, however I do think it's not fair to attack anyone that adjusts under this law as they are just following an established immigration path per US law. 

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In general, most of the comments were about how Biden expanded humanitarian parole as an attempt to alleviate the stress he created at the border.  I think I only saw one comment asking why Congress has not ended CAA, but you are correct, only Congress can end that program, although the administration can deprioritize processing of those applications just like what a Obama’s USCIS did with the I751.

[Crazy Cat 42,940]

  On 3/24/2025 at 9:23 PM, wazzujoel said:

Have you actually read the 1966 US law Cuban Adjustment Act? 

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I'll check it out.  Thanks.  I was thinking about the Biden program.

Edited Monday at 09:33 PM by Crazy Cat

[wazzujoel 92]

  On 3/24/2025 at 9:31 PM, Crazy Cat said:

I'll check it out.  Thanks.  I was thinking about the Biden program.

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Ah my bad. You're correct then, humanitarian parole is not a valid immigration path. The people I sponsored only arrived legally on HP, were inspected and paroled legally into the US by HP.... Their Adjustment of Status however was done via i-485 with the checkmark on Cuban Adjustment Act which they meet 100% of the legal requirements for.  

[TBoneTX 46,620]

This thread verifies yet again how well thorough, thoughtful communication works to increase knowledge and understanding.   

[wazzujoel 92]

  On 3/24/2025 at 9:31 PM, Crazy Cat said:

I'll check it out.  Thanks.  I was thinking about the Biden program.

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If you are interested on the topic, this USCIS site discusses the requirements for green card eligibility based on CAA. It's an easier read than the actual law unless you like dry legal speak 

 

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-a-cuban-native-or-citizen

 

Here is the actual law. 

 

https://www.congress.gov/bill/89th-congress/house-bill/15183/text

 

Edit - 

1980 Amendment:

In 1980, the CAA was modified, lowering the residency requirement to a minimum of one year. This change occurred during the Mariel boatlift, when over 100,000 Cubans migrated to the U.S. by boa

Edited Monday at 10:02 PM by wazzujoel

[speedster 27]

  On 3/23/2025 at 12:48 AM, Crazy Cat said:

As far as I know, a person who submits a proper I-485 is still authorized to stay in the US until the I-485 is either approved or denied.  I don't think that has changed yet.

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Apparently in news stories, because have been denied their I-485 at interview and immediately deported with ICE waiting.

[Dashinka 25,167]

  On 3/25/2025 at 2:54 AM, speedster said:

 

Apparently in news stories, because have been denied their I-485 at interview and immediately deported with ICE waiting.

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This in itself is not new depending on why an I485 was denied.  What is new is the MSM covering it.  There was someone being helped recently here on VJ that had their I485 denied, and is actively preparing a new filing (forgot to do something on the form).  This VJ member was not met by ICE and immediately deported.  Now if someone is applying for adjustment and are found inadmissible due to criminal activity, or maybe because they did not meet the requirements (for instance one is not eligible to AOS if they entered the US without inspection).  Back during Trump's first term, there were sob stories of illegal border crossers that attempted to AOS for some reason, and it was denied and the person was deported.  Again, not uncommon, but the MSM only covers it when it suits their politics.

[speedster 27]

  On 3/25/2025 at 11:23 AM, Dashinka said:

This in itself is not new depending on why an I485 was denied.  What is new is the MSM covering it.  There was someone being helped recently here on VJ that had their I485 denied, and is actively preparing a new filing (forgot to do something on the form).  This VJ member was not met by ICE and immediately deported.  Now if someone is applying for adjustment and are found inadmissible due to criminal activity, or maybe because they did not meet the requirements (for instance one is not eligible to AOS if they entered the US without inspection).  Back during Trump's first term, there were sob stories of illegal border crossers that attempted to AOS for some reason, and it was denied and the person was deported.  Again, not uncommon, but the MSM only covers it when it suits their politics.

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I mean a person that came when they were younger than 18 (automatic removal order for getting caught with their parents) had daca ever since they came, has traveled multiple times on AP, gets married to a USC, approved EAD, gets denied a I-485 because of the new administration and met with ICE.

 

That's a new tactic, and it's not just cause of MSM. Especially when the removal order doesn't count anymore.

[Dashinka 25,167]

  On 3/25/2025 at 12:38 PM, speedster said:

 

I mean a person that came when they were younger than 18 (automatic removal order for getting caught with their parents) had daca ever since they came, has traveled multiple times on AP, gets married to a USC, approved EAD, gets denied a I-485 because of the new administration and met with ICE.

 

That's a new tactic, and it's not just cause of MSM. Especially when the removal order doesn't count anymore.

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Nope, not new, saw similar stories back during Trump's first Administration.  The key point, DACA or not, is entered the US with inspection.  DACA folks that entered the US with their parents without inspection only have the option of returning to their home country and pursuing consular processing most likely with a waiver.

 

Here is an example from 2018 with a similar story.  Probably happened under Biden's USCIS as well, but the media didn't care to highlight those stories.

 

https://www.cnn.com/2018/01/17/us/deported-dad-jorge-garcia-mexico/index.html

Edited Tuesday at 01:07 PM by Dashinka