Although Cuban Adjustment is a special law and contains many exceptions there is no specific exception for an prior order of removal unless the applicant was deemed to be an arriving alien in which case USCIS retains jurisdiction to grant adjustment of status even with a final order of removal as Immigration Judges have no jurisdiction to adjudicate an application filed by an arriving alien seeking adjustment of status under the Cuban Refugee Adjustment Act, with the limited exception of an alien who has been placed in removal proceedings after returning to the United States pursuant to a grant of advance parole to pursue a previously filed application.
As you can see the above is a complex matter but it seems it wouldn't apply in her situation as she is EWI. Best course of action is to meet with an attorney and discuss the possibilities of filing an untimely motion to reopen, whether it is joint or sua sponte.
HOWEVER even with reopening the case she needs to have been admitted or paroled into the country in order to be eligible as a CU7 and thats another issue that needs to be addressed.
My offices are located in Miami and I handle Cuban Adjustment cases, feel free to contact me if you need further assistance.
Morales Law Firm P.A. 2100 Coral Way Ste 703 Miami, FL 33145 (305) 851-7856 This response is not offered as legal advice, but is only a general informational response for public interest. No one reading this is authorized to claim that an attorney client relationship exists with this writer or the writer's law firm.
You are correct, you need to talk to an attorney who is aware of Cuban Adjustment rules.
IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.
I would listen to the advice of the others and hire a lawyer
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Generally speaking, the answer to this question would be no since your girlfriend entered the U.S. without inspection. The Cuban adjustment act requires the alien to have been inspected and admitted or paroled into the United States. I suggest you consult with an experienced immigration attorney who can review the specific facts of the case and recommend how best to proceed.