Invalid visa

[Cubana1984 0]

Hi! My boyfriend is a Cuban and he got to USA December 26, 2016 and he got arrested 5 days after because he apply for USA papers. They want to deport him to Cuba, how he can fight for his rights? I know that law for Cubans changed but when they arrested him it was still old law for Cubans. He is in Batavia imigration detention and looks like they don't know about Cuban law. I need advice, please

[ConOfficer 167]

He should have an opportunity to file for asylum. Tendria que solicitar asilo. 

[Cubana1984 0]

Yes he gonna do it, but why they arrested him if he I spoke Cuban? Why he couldn't get papers in USA as a many other Cubans?

[NigeriaorBust 4,087]

 The policy you refer to was ended so that path has closed.

[Cubana1984 0]

But he got arrested before they changed the law

[Cubana1984 0]

I me looking for someone who can help us, if anyone can I will be greatful 

[NigeriaorBust 4,087]

 By what method did he enter the US

 

[Cubana1984 0]

He had tourist visa when he got to USA

[Jawaree 717]

How was he apprehended 3 days after arriving, what sparked the arrest

if the visa is fake CBP would have done that at the airport, you  stated

he'd not apply for asylum yet.

That law has ended, and since things have been relaxed in Cuba there

may hardly be any special treatment for  him the same reason Mexico is

now deporting Cubans, speaking to an atty is best right now, really he

has no rights to stay

[Cubana1984 0]

Judge is saying that because he ask for tourists visa he can't apply for USA papers, then how come other Cubans got their green cards before? They come with tourist visa and they got their papers.

[f f 725]

3 minutes ago, Cubana1984 said:

Judge is saying that because he ask for tourists visa he can't apply for USA papers, then how come other Cubans got their green cards before? They come with tourist visa and they got their papers.

the wet foot dry foot policy for Cubans has ended and they are treated like any other south american country now. he might of had to ask for residency when he entered the us rather than after not really sure but it is a moot point since the method is no longer valid.

 

are you a usc? if you have known him longer than the month he has been in the us you might be able to marry and then have him adjust it is just something to consider but make sure you really do want to marry him. if you have only known him a month then it will look like the marriage is just for a greencard.

[geowrian 22,336]

7 minutes ago, f f said:

are you a usc? if you have known him longer than the month he has been in the us you might be able to marry and then have him adjust it is just something to consider but make sure you really do want to marry him. if you have only known him a month then it will look like the marriage is just for a greencard.

To be fair, any marriage while facing removal is going to raise a lot of suspicion. It's even harder to even do if he's in detention already.

 

Even then, I'm assuming USCIS' stance is that he did not enter the US legally based on the very quick detention and threat to deport him. As such, he would not qualify for AOS. AOS for being an IR of a USC requires that he entered the country legally.

Edited February 5, 2017 by geowrian

[Cubana1984 0]

I am not living in USA I live in Canada, I know my fb for over 3 years and yes we would like to get married but I don't know if this will help 

[javadown2 308]

Uhmmm, so your Canadian and asking if your marriage will help him become a US citizen? You are very confused, no it won't help if you marry him, since your not even a USC. You will have to work on a way to get married and he can become a Canadian fiancé/citizen. I have no idea what processes you have there though. There is something missing in this story if he got detained so quickly, America doesn't just lock someone up for nothing.

 

Good luck.

[Cubana1984 0]

He got arrested at the USA border after he apply for Canadian refuge and they said no to him.