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.
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 lawyers agree
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.
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2 lawyers agree
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.
1 lawyer agrees