Post
by darekmc » Mon Jul 07, 2008 7:32 pm
Hi again,
Just to add some elements to my previous reply. According to the USCIS website, the following rules apply to dependents of Cuban nationals 'readjusting' their status.
Dependents . The spouse or child of a qualifying Cuban applicant may also seek adjustment under section 1 of the Act regardless of his or her nationality or place of birth. He or she must, however, meet all the other eligibility criteria stated above, and must reside with the principal applicant. See Matter of Bellido , 12 I. & N. Dec. 369 (R.C. 1967) . It is important to note that this is a very different standard from the one relating to spousal visa petition proceedings, where a petitioner need not prove marital viability, but rather that the marriage was valid at its inception.
The adjustment of the spouse or child can not precede the adjustment of the principal applicant; the adjustment must be completed at the same time as, or subsequent to, the principal's adjustment. Matter of Coto , 13 I. & N. 740 (BIA 1971). In addition, the qualifying relationship may have been created before or AFTER the principal's adjustment. Matter of Milian , 13 I. & N. 480 (A.R.C. 1970) .
Finally, the spouse or child of a Cuban applicant is adjusted as an unconditional permanent resident, regardless of the duration of the qualifying marriage. The restrictions of section 216 of the Act do not apply.
This clearly gives a green light to file a petition under the CAA. So, check the USCIS website if you require further details on how to proceed. For Cubans, it is quite expedite to get residency.
Hope this helps.
Hi all,