Cuban Adjustment Act

[pepper44 18]

Let me start this thread by saying this is NOT for me. My husband has a friend who married a Cuban whom she thought loved him... aside from my warnings. She got him here in Jan 2020 and married in Jan 2020. He has been nasty to her since he arrived after the marriage. He left her in May said he is going to apply for the Cuban Adjustment Act not the K-1 Conditional Green Card. 

Obviously someone knows or has been talking to him and letting him know the laws. 

 

So he has left her. He used her SS# to work and she reported it. but cops in Miami are BIAS to other cubans and closed the case. She wants to know what can be done to get him back to CUBA because obviously he lied to here. 

 

They met the K-1 requirements because they married within the 90 days.. she is filing for an annulment but I don't believe that matters. 

 

Does anyone know the in's and out's about this Adjustment Act that would cause him to NOT be APPROVED!!! 

 

[payxibka 10,045]

A J1 visa subject to the two year HRR is precluded from adjusting via the CAA.  With that said, I am wondering if the restriction on a k1, to only be able to adjust with the participation of the original petitioner, would also preclude adjustment here.  I don't know. 

[SalishSea 17,190]

Is the Cuban Adjustment Act even still valid?  I thought it was history.

[payxibka 10,045]

41 minutes ago, Jorgedig said:

Is the Cuban Adjustment Act even still valid?  I thought it was history.

Wet foot, dry foot policy is history 

[SalishSea 17,190]

4 minutes ago, payxibka said:

Wet foot, dry foot policy is history 

payxibka is is making me crack open the old Google....😂

[geowrian 22,336]

2 hours ago, payxibka said:

A J1 visa subject to the two year HRR is precluded from adjusting via the CAA.  With that said, I am wondering if the restriction on a k1, to only be able to adjust with the participation of the original petitioner, would also preclude adjustment here.  I don't know. 

I'd have to crack open some documents to confirm, but IIRC one can adjust under the CAA still.

 

Edit: But if he committed fraud to come to the US, that would still be an issue for adjustment. The issue is USCIS would need to show it, whereas to AOS based on a marriage, it is the applicant's burden to show qualification for the benefit instead.

Edited July 17, 2020 by geowrian

[payxibka 10,045]

8 minutes ago, geowrian said:

I'd have to crack open some documents to confirm, but IIRC one can adjust under the CAA still.

 

Edit: But if he committed fraud to come to the US, that would still be an issue for adjustment. The issue is USCIS would need to show it, whereas to AOS based on a marriage, it is the applicant's burden to show qualification for the benefit instead.

A j1 subject to HRR can't adjust under CAA.  I was only wondering if there were other exceptions 

[pepper44 18]

an attorney told my friend that no matter what- even if he came here with bad intentions under the K-1 that he is still able to adjust under the cuban act. I thought Obama did away with the law before he left but he did away with the wet.. foot.. dry foot.. law which is the the same law as the cuban adjustment law. I thought it was.. so now... we have cubans running around doing as they please because of this LAW! I am disgusted. no one should be able to fraudulently come here much less use an american citizens information to gain employment. 

[geowrian 22,336]

I can't speak for intentions, but if there was strong reason for USCIS to suspect they misrepresented themselves to get the visa or at POE, that would still be a reason for denial of AOS. For instance, if there were messages of plans to come to the US and file under the CAA instead of staying married, that would be an issue.

But yes, the bar is pretty high - there needs to be evidence available to USCIS that the marriage was fraudulent, not just suspicion based on timing.

Unless there is such evidence available to give to USCIS, it's not the OP's friend's problem. Honestly, it's much better to find out now than having gone through with AOS where they would be on the hook for him financially via the I-864.

 

Marriages fall apart all the time...it's nothing new to USCIS. This includes marriages that lasted <=6 months.

Edited July 17, 2020 by geowrian

[Henry357 70]

The 2016 change was to the status granted for the 1 year prior a Cubans eligibility to adjust.  If they illegaly entered they basically got a form of tps to wait out the year as long as they made it to dry land.  Now they can get deported before they hit the 1 year mark. 

 

As long as he has been in the US for 1 year, legal or illegally, and entered legally he can adjust and is exempt from most rules that apply to the rest of us.  This is federal law and can’t be changed via a EO. 

 

 

Edited July 17, 2020 by Henry357

[Ontarkie 14,070]

~~Moved to Effects of Major Family Changes, form K1 P&P - as this is no longer a visa processing question.~~