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Cuban Adjustment

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  • Cuban Adjustment

    Cuban Immigrant who had permanent residency and was removed because he was convicted. He got out and after five years of freedom he wants to become an LPR. Can he?

  • #2
    Cuban Immigrant who had permanent residency and was removed because he was convicted. He got out and after five years of freedom he wants to become an LPR. Can he?


    • #3
      I am confused by how you have explained this situation...

      Cuban immigrants need to be very, very careful when dealing with the law here in the US. Even immigrants who are now citizens can have that citizenship revoked if they were granted that status during the amnesity periods in the past and they find themselves on the wrong side of the law.

      What can happen is that the individual serves his sentence in the US. Then he/she is deemed to be deportable (either as an LPR who broke the law or an ex-cuban now US citizen who has gotten into criminal trouble). When the US tries to deport the said individual out of the US, Castro will not accept them back into Cuba. Then things get VERY bad. The US gov't claims the right to hold that person in custody for the rest of their life (even after the sentence is over) and will only release them if Cuba accepts them back.

      That is why I am curious a bit about this story. If I read this right, this person was here, got busted, served 5 yrs, then was sent back to Cuba? Then they cam back here and want to be an LPR? Is that correct - it doesn't make any sense...

      BTW - The situation I refer to in the example above is in front of the Supreme Court at this time. It involves a USC who came from Cuba in the 70's and lived crime free here in the USA. He was involved in a DUI accident that involved a criminal conviction. He served his time and is in a half-way house at this time. The US has ordered his citizenship stripped due to a breach of the terms under which it was granted and has ordered him deported. The Cuban gov't will not allow him back into Cuba thus making him a person with no country of citizenship. The US Gov't has been holding him and intends to hold him for the remainder of his life or until Fidel changes his mind. If you don't beleive this, look it up. It is true.

      So be very careful!



      • #4
        The individual served his sentence in the United States and was release here in the United States. He was never deported. He was an LPR and the US government removed his LPR status, acording to him, because he was convicted. He finished his sentence five years ago and since then he has been working in the US. As i understand it, if a person serves more than one year he is out of luck and cannot get back his residency. I talk to him and he told me that his mother informed him that there is a new law where convicted Cubans can readjust their status. I have no idea for how much time he served. I have to ask him that, but I am trying to gather as much data as possible and see if he can be helped.

        I really appreciate your time and information in this matter.

        Once again he was never deported and he was release here in the US.

        Thank you


        • #5
          I would strongly suggest that your friend consult with a very good lawyer who is up to date with this type of situation. As I mentioned, it is cutting edge law that is being reviewed at the moment by the Supreme Court.

          If he is out of status (ie: they took away his LPR), they may have issued a deportation order he is not aware of (or something)... But he really needs to be careful or he could end up in a cell awaiting the resolution of this international fight between the US and Cuba (Its been going on for what - 40 yrs already? - A long time to wait in a cell...)

          Once this case is decided, it will set precendent law which will help your friend know what his options are.


          This is only my opinion and I could be wrong. I am just relaying what I have heard in the last few days about this particular situation -what happens to people who are deported and are also denied re-entry to their original country of citizenship.

          You become an unperson with no rights and no future - at least according to the US gov't...



          • #6

            Thanks, that is more or less what I told him. He wanted my advice and I had none for him. So I decided to do some research and I am going around in circles. I am also missing a lot of information from him, but I would not give him any advice. He needs an attorney.

            Thank you very much for your time and insight.


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