wazzujoel

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

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.

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.

Thanks. I feel like the best plan here is to just wait it out. Feel like reapplying before the first application is approved/denied, might cause even more confusion. Maybe just sit back, see what happens, if denial then reapply if still relevant.

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. )

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.

immigrant had a valid i-765 work authorization. Their work authorization was expiring in a few months, and so we wanted to submit a renewal for their work authorization. The original basis for their work-authorization is no longer valid, and instead we were applying based on pending i-485 residency. The issue as you can see from the attached picture from the form, we selected "renewal of my permission to accept employment" because those words were exactly what we were doing... However if you read the definitions in the instructions it clearly states that "initial permission" is when you are asking for work permission depending on a new basis. "Renewal" is only supposed to be for when you are renewing your work authorization under the same class that you were previously approved for. Anyways, We did it wrong. The rest of the application is correct, and the filing fee is correct.... Is this something I can correct now somehow? or is this something that an agent would just roll his eyes over and file it as a initial permission?

Did you want the source that USCIS has put on "indefinite hold" the processing of all legal applications from CHNV people? I can link that again... Or do you want proof this USCIS "indefinite hold" came from trump? As I just wrote, that was gap-filling I personally did. Question though - Would that even matter? Do you think Trump would have told USCIS not to do what they are doing? Or do you think he would tell them "good job putting an indefinite hold"? I don't really feel what I said should be all that controversial. it's absolutely 100% aligned with his war on immigration.

No, I don't have a source, and I will admit that I am filling in the pieces here. The only public source I have is the CBS article (that I have posted) talking about the leaked internal USCIS memo. I've also chatted with an unnamed USCIS agent on a different social media platform, and based on their post history I felt it was pretty credible that they are in fact an agent that is working on adjudicating cases, and this alleged agent did confirm to existence of the memo and stated they are not processing any applications for people that arrived on CHNV and the Ukraine program (forget the name). I've also talked with my congressman's team and they have also confirmed that this is their understanding of what is happening too and they are working to this direction changed. Finally there is a lawsuit that is being heard today in MA brought by the National Action Center regarding this "indefinite hold" on applications from people that arrived on CHNV and Ukraine's program. Now where I am personally filling in the gaps is with the motivation for this memo and this new direction USCIS has taken. In life, I like to consider the data and then make conclusions based on what is the most likely cause of that action. In this case the data is everything I just said above regarding USCIS, and Trumps actions calling people that arrived on CHNV "illegal" that "Biden should have never allowed them" and then the most recent executive order that is attacking these lawful people. If I ask myself, what's the most likely cause of this memo? Is it something that the new USCIS head just invented in his head that's a departure from how the organization has been handling thing, or could maybe Trump had advised him to go down this path? 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.

The presidential press secretary flat out lying. Would you like the see the airfare receipts for the 5 people I sponsored and literally paid for their flights?

This response to what you quoted don't line up. I am not upset that Trump prematurely ended the parole for immigrants that came here with the program. That's within his power but it's kinda a not-nice thing to do... The nice thing to do would have been to just allow those that arrived to have their 2 year temporary stay and then go back to their country. What I am personally upset about is USCIS is not processing residency applications for people that arrived with this program. For example - If my fiancée had come by this CNHV program, we then married here, and applied for her residency based on our legal lawful marriage.... Trump has instructed USCIS to NOT process that application. That application is on a "indefinite hold" which means that USCIS will not process this application that we paid $1,440 to be processed unless the courts put a stop to this illegal actions or new president is elected. I can tell you that with the enemies he has made this term... Good bye Republican party. From not on I will be voting very strongly Democrat across the board... I don't even care who is running. Could be cloned Joseph Stalin and he has my vote. Can you please also show me their immigration status and a quick blurb on their crimes?

Agreed. My partner had submitted a proper i-485 checking the box for adjustment via US law Cuban Adjustment Act which she and all of her family members meet the requirements 100%. As I have stated, 2 of the 5 already received their green cards last September. That said, I do not trust Trump to actually follow US law. He could easily deport her to the prison in El Salvador by using the Enemy Aliens act of 1798. Her actual parole expires in a couple weeks on April 7th. I'll let you know if ICE shows up at my doorstep.

Literally makes no difference if we marry or not. Trump will deport her either way if he has his way. Would probably be better for me if we were not married so I wouldn't need to figure out a way to divorce once she is gone.

When I created this thread, it was before Trump revoked Biden's Humanitarian Parole. If you read my first message the issue for me was that Trump had directed USCIS to "indefinitely hold" and not process applications legal lawful applications from people who arrived via CHNV. This is in fact not legal for the agency and Trump to just never process applications that are consistent with US law. The Cubans that I sponsored paid for their i-765 work authorizations ($460), paid for their i-693 medicals ($250), paid for their residency applications ($1,440), paid for their i-765 renewals based on pending residency ($260) and it isn't right for USCIS to no longer process their applications which are based on US immigration law (specifically the Cuban Adjustment Act of 1966). Since then Trump abused the use of the Alien Enemy's act of 1798 by sending 238 unknown people to a prison in El Salvador. He is also threatening to send US citizens to this same prison without the right to a trial. He is prematurely ending the parole program that Biden afforded these people which is well within his rights, however it's a pretty crappy move. (I'd had like to use other adjectives to describe that move, however it's not allowed on this site). I know several people who are making arrangements to fly home. These were lawful immigrants that were following the laws of society, working full time, paying taxes, and contributing to commerce. It's not a nice thing to do to innocent people if you ask me. I cut the part of your post talking about abuse in the program because it's distracting from the main point of why I am upset which is the first paragraph of this post. My unbiased views of this program is that USCIS handled it poorly from the very start just like every other immigration path they screw up badly. People were poorly vetted, people were processed in random orders, the more people you sponsored the more likely you were to get your entire group approved.... I heard stories of people paying for sponsorship and it was just an entire mess to be honest. But I will say since I am plugged into many many communities that the vast majority of people that came through the program are good lawful people that were following the rules. Ask yourself this... Why is trump turning his attention to these 550k people who went through a legal lawful process that biden allowed verses the 5 million illegal border crossings that happened at the same time? Answer - it's much easier to go after honest people who follow the rules... much harder to catch the ones that did so illegally.

No. I didn’t say I’ve never voted. I’ve voted for people I actually believe in that I felt would do a good job. I’ve never voted for a Republican or Democrat for potus. (Ive also only ever lived in very liberal states so my votes don’t really matter as the electors in my state were already known before the ballots even opened). Trump is a bad person. By instructing to not process applications for those that arrived via CHNV is illegal. The president doing illegal actions is something the American people should have expected from ejecting a convicted felon to the office.

Update regarding Jim Hacking class action lawsuit. He has decided not to move forward with his lawsuit because Karen Tumlin of the National Action Center has filed a similar class action lawsuit in Massachusetts. He did not want jeopardize the good work Karen and her team were doing, and since they had more experience and are in a pro-immigrant jurisdiction he decided to not move forward with his case. Hopefully the National Action Center's lawsuit makes some progress here to stop the illegal actions being done by this person in office. My entire life I have been fairly independent. I have never voted for a Republican and I have never voted for a Democrat. This is the first time in my life that I have ever seen a sitting president attacking innocent people, and it's amazing to me that congress sits by and does nothing while it tears apart the government and gets those that are left to do illegal actions like instructing USCIS to stop processing all lawful/legal applications from specific demographics of people. This is the first time I've ever felt personally attacked by a president and I'm not even an immigrant. I don't feel safe in my home from Trump and his goons. This is the first time I will openly state that I hate the president of the USA. I have never liked any past presidents really, but they all mostly did close to the same things. Trump is a bad person, and by his actions today, that should be clear to any members here.

We plan on getting married; however, getting married doesn't change anything. Today Trump has moved forward with revoking the legal and lawful Humanitarian Parole for 500,000+ people from Cuba, Haiti, Nicaragua, Venezuela, and Ukraine. Trump has additionally directed USCIS to not process any applications (Work authorizations, lawful Residency applications, asylum applications) for any citizen of these countries who were lawfully admitted with Humanitarian Parole. If one of these immigrants applied for permanent residency, it doesn't matter how they planned to legally adjust (even if it was via marriage), USCIS has put any application from anyone who arrived on "indefinite hold". What Trump has done now is revoked the legal status of every immigrant who came via this program, and they now have 30 days to self-deport or ICE will come to their posted address, arrest them, and then send them them immediately out of the country using the Alien Enemies Act of 1798. People who have previously applied for Residency or Asylum will be legal to remain in the USA under "protected stay" because they have a pending application. Since these applications will not be processed their status is just frozen.... Neither illegal but not legal to work. Of the 5 people I sponsored (whom are my partner and her family), they are honest, hardworking individuals that follow the laws of this country. They work full time doing the night shift at Walmart, they pay taxes (I do them for them), invest in the Walmart 401k, and aren't on any form of government assistance. They pay rent in a nice part of town, have a car, pay for insurance, and are productive members of society. What will happen to them is this - On April 24th, unless the courts stop this tyrant's inhumane actions, my family will lose their jobs, however they will still have legal status but no means to legally work because Trump has taken that away from them and instructed USCIS to not approve their work authorizations. I will then take them to the walfare offices here, get them on SNAP (for free food), Cash assistance, rent assistance, power&water assistance, and Medicaid. These were honest hard working people who wanted to legally follow the rules of this country and have a chance here, and Trump with his ICE goons are attacking them and taking from them their ability to be contributing members of society. I would say more about what I think of this person in the oval office, however this site has rules and the descriptive language I'd use to talk of what he is going to good people is not allowed. So ill leave it at that.

Not sure I understand the question. I will answer in how I interpreted your question and perhaps you can clarify if I missed the mark. What I was saying is there simply-speaking there are two types of non-citizens in this country : 1. Lawful immigrant who is following the US laws and rules. They have properly applied, been approved, and are integrating into society on some lawful path. They have an address that the government knows, work at a place the government knows, pays taxes, and does honest law-abiding things. 2. illegal immigrant who is doing illegal or criminal things. They didn't follow a valid immigration path, they came into this country illegally, they aren't reporting where they are staying, and they aren't reporting where they are working. Perhaps someone in this group might be a gang member and is selling drugs or doing other criminal things. Or maybe they are a farm worker, that arrived illegally, and works illegally on a local farm where they are paid below minimum wage, don't pay taxes, and keep to themselves and doesn't commit crimes like theft, murder, drug-related, etc. What I was saying is that for ICE to pick up an immigrant and deport them because of an 'administrative issue' from group 1 is super simple.... They know exactly where they live and work because it's on all their USCIS paperwork, know what the administrative issue is, and now Trump can just quickly deport them without needing the courts by the Alien Enemies Act of 1798. If ICE wants to catch people from group 2, it's much much harder. They don't know where they live, they don't know where they illegally work, they don't know where they sell drugs..... For ICE to catch someone like this, it requires a lot more actual police work and likely cooperation with non-ICE police. Disclaimer - Although for this response I have categorized people down to two groups, I personally understand things are not that black and white. I certainly don't think everyone who comes into this country illegally is a drug dealer, or thief, or murder. I fully believe there are good people who arrived illegally, and are working illegally, but for whatever reason they didn't go through proper channels to immigrate legally. I don't assume all immigrants that arrive illegally are bad people, but they did break the law and didn't immigrate properly.

Oh wow! Thanks for the clarification. I would have thought the line was if they are being paid for services rendered, however interesting to know if it is something that might be someone's job then you can't "help out" simply because it's your parent. You know I feel it's human nature to want to help a family member who is struggling or hurt or sick or whatever. Can't say I'd personally fault them for that, however rules are rules and I guess that's a position USCIS can take.

Update - Not much is changed. My congressman and Senators are just repeating the same generic USCIS responses about some cases taking longer than others and they are committed to processing the case. I do believe they are contacting USCIS on our behalf, however I think that the weight of a Congressman doesn't mean anything to USCIS. We are still waiting for approvals for either residency or ead renewals. Hopefully the ead renewal based on pending i-485 (C09) gets processed at least so my in-laws don't lose their jobs. Under Biden their first EAD was approved in 30 days, however this renewal has been sitting for 2 months already. Perhaps I will try and expediate the EAD when her current EAD is 30 days from expiring. Without that EAD renewal my MIL will need to go on public assistance. I personally found it really concerning that Trump enacted the Alien Enemies Act of 1798 to deport immigrants without needing the courts. Most reasonable people would probably tell me not to worry about that because he only did that to get immigrant gang members out of the country, however it feels more sinister to me then that. Trump has been very vocal about how Biden should have never allowed Humanitarian Parole for the countries listed in this subject. He's even said that it was 'illegal' that this happened and has said lots of rhetoric about how he needs to get these people out. Although, nothing my family has done was illegal, I can't help but feel that Trump is coming after them and they are just going to be collateral damage on his war against immigrants. I have even read a few articles recently where ICE was talking about Trump not being happy with their deportation numbers and the thing that Trump doesn't understand is it's really difficult to catch criminals who are immigrants because they don't document where they are staying and lay low because they are doing criminal acts and don't want to be caught... Much easier for ICE to catch and deport people who are following the rules because they document where they are, and ICE has all the information on their visa/visit status and where to get them when it expires. The ICE agent in the article said something like Trump doesn't understand it takes 10 times the agent to catch an actual criminal than it does to pick up an immigrant on a administrative issue and then deport them. Anyways, my concern now is that when my partners 2 year humanitarian parole window expires, then ICE shows up at my door to deport her even though she has a pending residency. Am I being ridiculous? idk, maybe. I can tell you I am not opening any door for an ICE agent, I'll be calling a lawyer and my congressman the moment they step onto my property, and the moment I get them to leave I will be hiding her in a location where ICE can't find her. WILD that this is what I am thinking about. I don't at all feel "protected stay" because of a pending i-485 will keep her from being deported by Trumps illegal invoking of the Alien Enemies Act of 1798.

For my own education here - Can you expand on "she cannot take care of her mom"? Are you saying that if an immigrant comes to the USA where their parent lives on a tourist visa, and that parent is dealing Covid for example, this person should not make them soup, help them get meds, or whatever else one might do when a loved one is sick?

Appreciate moving this thread to an appropriate location on the site. I wasn't sure where something like this fit in. I competed 5 residency applications based on Cuban Adjustment Act. Two were approved and the other three are in limbo. Apr 12, 2024 - My fiancée - Pending May 20, 2024 - Friend - Approved 09/11/2024 Jun 3, 2024 - Fiancée's mother - Pending Jun 3, 2024 - Fiancée's brother - Pending Jun 3, 2024 - Fiancée's stepdad - Approved 09/16/2024 All five of these I-485's were completed exactly the same by me, with the only difference being biographic data. i-485 via Cuban Adjustment Act is very straight forward as they are not subject to public discharge and the only requirements are i-693 medical, either Cuban passport or Cuban Birth certificate, and i-94 proving continual presence in the USA for 1 year + 1 day. Also, I have filed for a I-765 Work Authorization EAD renewal based on C(09) "pending i-485". This was an additional $260 payment to USCIS since the $1,440 residency application is still pending. My mother-in-law works full time overnights at Walmart, loves her jobs, pays taxes, has a 401k through Walmart that she contributes to... Since Trump has directed USCIS to not process any applications for applicants that arrived via Humanitarian Parole, she will lose her job on May 15th. My congressman is aware that Trump and USCIS has put legal immigrants, such as my family, on "indefinite holds" and will no longer process their applications. Hopefully, the courts get involved soon and put a stop to this before Trump forces them (and many other legal immigrants in their situation) to insolvency. I've already reached out to public assistance in our county and they confirmed that if they lose their jobs and ability to work due to USCIS than they will qualify for Medicaid, SNAP, cash assistance, rent subsides, and other forms of public welfare while they await for USCIS to process their applications. This is the last thing they want.... They love working, and their employer loves them too since they are hard honest workers. There is also rumors that Trump is planning on ending the Humanitarian Parole early. What this would do is it would move up the dates of when she is no longer allowed to work. Their current EADs (that they paid for) were based on Humanitarian Parole, so if he prematurely ends it, then it also ends their EAD early. I have received confirmation that if their parole period ends without a decision on their residency application, then they will be in a "protected stay" status here, where they are allowed to stay in the USA and cannot be deported until a decision is made on their i-485. And this could be for the entire length of Trumps presidency or maybe even longer. They will be living off the government this at this time, but that's what Trump wants as it pushes his narrative that immigrants are just trying to take advantage of the American people. Their residency will eventually be approved as it's based on a 1966 US law (Cuban Adjustment Act) and they have met all conditions for residency... There isn't any room for interpretation.

If you are from one of these countries and you arrived to the US on Humanitarian Parole then you should know by now that ALL applications/petitions that you submitted have been put on "indefinite hold" by USCIS. This means that if you submitted a Work Authorization, or an Adjustment of status because you married a USC, or any other application, USCIS agents have been directed to not process these applications. The money you paid, and the petition you submitted will just sit there and never be processed until either Trump allows it, or perhaps courts put a stop to this illegal practice. You might even need to wait until a Democrat is elected president again such that they can provide justice for the immigrants that are here legally that trump is attacking. I contacted my congressman and he confirmed to me that it is true that USCIS is not processing any application submitted for an individual that came from these 5 countries. I have come across a immigration lawyer whom is working on a class action lawsuit against USCIS for these illegal actions. The lawyers name is Jim Hacking III. To be included in this lawsuit send a request to info@hackinglawpractice.com. I found this class action lawsuit by watching his youtube channel on immigration (episode below and the relevant information starts around the 3 minute mark.

Thanks TboneTX. I have contacted my congressman when the news broke. One issue with the news is that the CBS news article sited a undisclosed "leaked internal memo" that stated that USCIS is not to process any Residency applications or work authorizations or any other application if the person arrived via CHNV. This hasn't been official announced however several sources have claimed that the memo and directive is real. I contacted my congressman pointing them to the CBS news article (posted below if you are curious) but I am not sure how much help my congressman and senator will be with secret, closed door, possibly-illegal actions Trump directed USCIS will be. But hopefully these elected officials can intervene before things get out of control. https://www.cbsnews.com/news/u-s-pauses-immigration-applications-for-certain-migrants-welcomed-under-biden/ Thank you for the clarification, I was reading that as more of a requirement. You're correct it does say "should" make a determination within 180 days. Amazing how such a small word can turn a sentence from something that would add accountability to one that really is kinda meaningless.

hm. I really would be nice if someone official within USCIS would offer some clarification on what they have been directed to specifically do. Because it appears that USCIS might be "effectively freezing" them in their status preventing their ability to move to another legal status; however, unless I misunderstand immigration policies, I believe my fiancée (as an example) became "Pending permanent residency" April 10th 2024 when USCIS received her application and sent us a i-797C receipt of i-485 application informing us that she is pending AOS. From everything I have read, if someone has a pending AOS than they have a protected status of being removed from the country even if the underlying pathway they arrived on expired. The thing is, this is pretty new territory for someone who arrived on CHNV and is seeking AOS based on the law of CAA of 1966. As far as I can tell, her status of "pending AOS" should allow her lawful presence in the USA until USCIS makes a determination on her Residency application. Perhaps that will be the entirety of Trumps presidency. Note per US law 8 USC chapter 13, USCIS is supposed to make a residency decision within 180 days which is the whole point of this thread..... My fiancée is now going on 316 days of pending AOS and I am wondering if filing a writ of Mandamus is advised in a situation where USCIS is already in violation of immigration law and unsubstantiated information is being rumored that USCIS plans to not work on such cases. Thoughts? btw - thanks for the messages. I understand not many here will claim to be experts however there are a lot here who have been around the community a lot so I value the opinions I see here. Reading the forum messages on this site has allowed me to file a successful K1 application That was approved by USCIS before we abandoned it due to the CHNV HP route, file 5 successful CHNV HP petitions that were approved, file 5 i-765's that were all approved, and file 5 i-485's with 2 approved and 3 in limbo. Never received an RFE and I credit the help I have received here for a good chunk of that success.