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June 2008 Archives


Any Cuban and his/her immediate relatives including spouses and children they have married or have had after the Cuban has been inspected or admitted or paroled into the U.S, may apply for permanent residence one year after admission. There is no time limitation on an application for adjustment. As long as the spouse or child is living with the Cuban, the spouse or child need not be Cuban. However, at the time of an interview for adjustment of status the Cuban must be alive for the spouse or child to become a resident. An exception to this rule is available for a battered spouse or child. An entrance to the U.S., under a tourist visa or even a visa waiver application for permanent residence after one year and this is permissible even if the Cuban has acquired another nationality. This open ended law even extends to Cubans who did not arrive at a designated port of entry, that is, who entered without inspection, provided that the Cuban surrenders himself to the Immigration Services, thereby enabling the Service to parole him/her pending a decision of an Immigration Judge. A Cuban may apply for Adjustment of Status before an Immigration Judge even though he/she entered without inspection.For Cancellation of Removal: Cubans, their spouses and children or their overage sons or daughters who have been in the U.S. for more than 10 years may apply for Adjustment of Status even though they entered the U.S. without inspection. For those who have had criminal convictions, a remedy for less than serious crimes exists through a waiver; for serious crimes a waiver may exist on a showing of exceptional and extremely unusual hardship.Under the Cuban Refugee Act Cubans are granted 30 months retroactive residence from the date of their applications.


An action against the Department of Homeland Security (DHS) to compel the issuance of regulations for detention centers was recently commenced in Federal Court in Manhattan, N.Y. The Government has been charged with detaining thousands of immigrants in substandard and inconsistent living condition, with inattention to proper medical care and even abuse while the DHS decides whether to deport or release these inmates. The Administrative Procedures Act requires that U.S. Agencies such as DHS issue specific rules for detention. Homeland Security has been accused of being one of the biggest jailers in the world, yet behaving like a lawless local sheriff.Binding regulations would properly require the DHS to afford decent medical care, visitation rights, functioning telephones and reading materials. The DHS’ own Inspector General recently found that the DHS was out of compliance with proper health care afforded to detainees, inappropriate disciplinary procedures and poor access to reading and legal materials.
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