Immigration Question on I-601 waiver and Cuban

[Webster]

My friend went to his interview for adjustment of permanent resident card. He is Cuban and entered the U.S thru military aircraft in 1994. Because of an injury in the line of work in Guantanamo. At his interview the officer informed him he will have to file a I-601 waiver, and also submit his I-693, medical. What we don't understand is to file this waiver is it based on his entry?

[Webster]

My friend went to his interview for adjustment of permanent resident card. He is Cuban and entered the U.S thru military aircraft in 1994. Because of an injury in the line of work in Guantanamo. At his interview the officer informed him he will have to file a I-601 waiver, and also submit his I-693, medical. What we don't understand is to file this waiver is it based on his entry?

[ProudUSC]

This is a bit confusing. You said he was brought here by military aircraft. Did he have a special visa to enter the country? If so, was he supposed to return to Cuba when it expired? How did he go about applying for the green card? Was it through marriage?

[Webster]

Sorry for the confusion, he entered in 1994 with no special visa, On 10/1994 the Department of Defense Camp 3 in Panama / Guantanamo open a carpenter shop with a team of military and Cuban residents, my friend was part of that team, he was a carpenter and while working he was severly injured. The US military flew him to Miami in military aircraft, he was given an I-94 and was allowed to stay in the US. While in Miami he applied for permanent residence - however the attorney that filed for him died, he never follow up, now he is applying again, he did the I-485, I-765 and the I-693, at the interview the officer saw the medical and notice that the doctor never signed the form, so the officer informed him to go and get the medical signed correctly and he will mail a letter if he needs a waiver. He received the letter from USCIS stating he will need an I-601-waiver and medical. He is currently single, he never applied thru marriage.

[ProudUSC]

Hi Webster,

Thanks for clarifying. Perhaps other members here will have an answer for you because I know of no reason he should need to file a waiver since he entered the country legally. Maybe USCIS is confused, lol. Best of luck to him and I hope you find the answer!

[Webster]

Thanks anyways, I guess your right, why a waiver, speaking to my friend I asked him other questions, but that was all, I just hope I can get some answers on this waiver and why??? Thank you again.

[Aroha]

He does still have his I-94, right? Because that's the only thing I can think of - he didn't provide evidence of legal entry with his application. Without that proof, it's treated as an EWI.

As always, Webster, a reputable immigration attorney should be consulted for tricky situations.

Out of curiosity, who is sponsoring him?

P.S. Rule number one of Apple autocorrect ... double check before you hit "post now". EWING? Really?

[ProudUSC]

I'm thinking about the wet foot/dry foot policy with Cubans and I don't believe the ones who make it to US soil need sponsorship for a green card. Maybe he would fall into this category since he was flown in? Might be a long shot, but it's worth considering. If he has his I-94, he shouldn't need the waiver, but it would be best for him to speak to a qualified immigration attorney intead of listening to us laypeople, lol.

[federale86]

Filing for the waiver of a fee has nothing to do with how he entered.

[Aroha]

The I-601 is not a fee waiver. It's a waiver for grounds of inadmissability, most commonly EWI.

[ProudUSC]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
Filing for the waiver of a fee has nothing to do with how he entered. </div></BLOCKQUOTE>

I-601 is a hardship waiver, is it not? Not a waiver of fee.

[Fredy]

If he is Cuban he shouldn't worry about it . Cubans get green cards as soon as they entered US soil . A good lawyer and he will have in about 6 months .

[federale86]

Ooops. But in any event, wet-foot dry-foot applies for Cubans.

Just fill out the form. What is the difficulty?

[Webster]

Well, I advised him of going to an attorney, I think he may have a record,,,,, so that is the reason why he may need the waiver, other then that he entered legally with an I-94, that's for sure.
Thank you all for your advise, you are all great!!!!

[Aroha]

Webster, if he has a criminal record, then he definitely needs an attorney. Most offer at least a free consultation so he can find out his options. It explains the need for a waiver and I wouldn't recommend they do that without professional advice.