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Can I apply for the wet feet dry feet Cuban exception as a Cuban citizen born in other country?

Miami, FL |

My parents both are Cubans. I was born in Venezuela and I have legal tourists Visa to enter legally to the US with my Venezuelan passport. I'm also a Cuban citizen.
Under this conditions, can I apply for the wet feet dry feet law?

Attorney Answers 6


  1. The "wet foot dry foot" policy only applies to Cuban nationals who arrive in the United States unlawfully. You have the ability to arrive in the U.S. lawfully. The fact that you arrive using your Venezuelan passport does not prevent you from applying for adjustment of status under the Cuban Adjustment Act if you satisfy the physical presence requirements and are otherwise eligible. Consult with an experienced immigration attorney who can review your case and recommend the best way to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


  2. I agree with my esteemed colleague's excellent answer.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. You might be able to adjust anyway. Consult with an attorney over the phone or Skype to explore your options.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com


  4. Yes you can. If you have a Cuban birth certificate and enter the country with your visa, you will be able to adjust status under the CAA after a year and a day.


  5. Hi hope you are well. I believe your question is if you could enter the us as acuban ad be paroled instead of having to wait the year and one day without status in the us before you could get your green card under the Cuban adjustment act. The answer to that is up to te port officer and you. Once you come in you need to tell the officer that you are Cuban and you want to be paroled.... This depending on the officer could be a smooth transition or could take hours in what we call in
    Miami "el cuartico". At the end of the day after hours e could still not parole you in but at least you gave it a try. This scenario is very common in Miami with dual nationals Cubans ... Some get the parole others dont... Bottom line it's upon the discretion of the officer. Best of luck!


  6. Do you have a Cuban birth certificate or passport? If so, you would need to request parole at the Port of Entry (e.g., airport) as a Cuban national. Otherwise, if you were to enter as a Venezuelan and remain in the US for a year and day, you can apply for adjustment as a Cuban national under the Cuban Adjustment Act.

    Please note that because you were not born in
    Cuba, your entitlement to Cuba citizenship will be scrutinized. This is particularly the case in the wake of the recent bust of a ring that was selling fraudulent Cuban Birth Certificates to non-Cuban people here in the US. These people later posed as Cubans to adjust under the Cuban Adjustmeny Act. I was informed by a federal investigator on the case that there is someone in the US Cuban Interests Section in Havana who is actually physically checking the suspect birth certificates against the actual physical registries in Cuba. Not that your case is fraudulent, but it is important that you keep in mind that there is now a heightened suspicion of dual nationals born outside of Cuba who claim Cuban citiizenship.

    Best of luck to you.

    Please note, the above answer is for general informational purposes only. Se habla español. Falamos português. Representing clients in all 50 states and worldwide. Kristy Figueroa-Contreras, Esq., kristy@negri-torres.com, NEGRI, TORRES & FIGUEROA-CONTRERAS, PA, The Minorca, Suite 214, 2030 South Douglas Road, Miami, FL 33134, Tel. (305) 639-8599..

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