I am a US citizen that lived and worked in Greece for the past few years, where i met my wife. She is Cuban, with a Greek residency and work permit.
My job is relocating me to New York so we filled an I-130 at the US Embassy in Athens, and all went well, except that they are rejecting her birth certificate (issued by the Registrario Civil) and they are asking for one from the Ministry of Justice, which seems impossible to obtain. The Cuban Embassy in Athens says that this does not exist anymore.
We do not even why they are asking us for this, as all the advice we gotten so far states that they should accept the certificate from the Civil Registry, if it has the MINREX validation. What can we do? Start the process again as an invite from the US?
No - don't start the process again. They are asking because the Foreign Affairs Manuel says:
Cuba - Birth, Marriage, Divorce and Death Certificates
These certificates are available from the Ministry of Justice, however, there are fees for these services.
Former citizens of Cuba, including all dual nationals, are considered Cubans by the Cuban Government, and must apply for civil documents through Cuban diplomatic and consular missions abroad. Foreign nationals (formerly resident in Cuba) are not considered Cuban nationals by the Cuban Government and may apply either through their diplomatic or consular missions in Cuba. There may be a fee for a certificate of birth, marriage, divorce, death, police or prison record. All requests for documents made through the Cuban Interests Section in Washington, D.C. must include a non-refundable $20.00 money order. If the document is located, the applicant must pay an additional fee via money order to obtain a copy of the document. The Cuban authorities will not accept requests for civil documentation from the U.S. Interests Section on behalf of Cubans in the United States or any other third country.
This is the most up to date information. It should be correct - if it is not, then have the Cuban Embassy read the above, and determine why the Department of State would be wrong in their current publication. From there, you will have to work with the US Embassy to prove them wrong.
You can obtain what they are requesting, you can retain an attorney, etc.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline