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Would a cuban-canadian citizen be able to enter US and benefit from the Cuban Adjustment Act ?

Miami, FL |

This person lives in Canada, has been in the US several times to visit. He visited Cuba from US with a canadian passport and he wants to know if he would be elegible to benefit from the Cuban Adjustment Act when he arrives to an US airport coming from Cuba.

Attorney Answers 3

Posted

The facts you present are not exactly clear, but it appears that they person you are referring to was born in Cuba but is now a Canadian citizen. If that is the case, so long as the person remains in the U.S. for one year after being admitted or paroled, it appears that he or she would be eligible for benefits under the Cuban Adjustment Act. The fact that the person has obtained Canadian citizenship is not material.

Consult with an experienced immigration attorney who can review the facts of the case and provide case specific advice.

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.

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4 comments

Asker

Posted

The question is if he would be able to obtain a parole, if he asks for it, when he enters the country so he could be able to have a work permit during that year.

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

Generally speaking, parole is granted to Cuban nationals who cannot be returned to Cuba. In this case, you are describing someone who can be removed to Canada. Parole is granted in the exercise of discretion and is not obtainable as a matter of right. Whether CBP would do so in this case most likely depends on a number of different factors that would need to be evaluated. Keep in mind that employment authorization is not immediately issued but takes a number of months to get, even when an alien is paroled in the public interest.

Asker

Posted

Thanks for your advised, do you think it will be better to enter US and wait for a year to apply for CAA?

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

This forum is not the place to get case specific advice. Consult with an experienced immigration attorney who can review the facts of the case and advise you how best to proceed.

Posted

It sounds like they may be able to qualify. You should consult with an attorney so they can get the additional facts needed to make a determination.

This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: info@moralespllc.com (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500

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Posted

I agree with my colleagues above. As long as the applicant for adjustment under the Cuban adjustment act remains in the United States for the prescribed period under the statute, then he/she shall be able to adjust. Please consult with a qualified immigration attorney before you commence the process.

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