The U.S. Immigration Service on Wednesday announced a settlement that would end a class action lawsuit filed last year on behalf of Cuban immigrants denied permanent residency under the Cuban Adjustment Act.
Beneficiaries of the agreement presented themselves at authorized border ports (land and air), surrendered to authorities, were prosecuted, denied status adjustment under Cuban adjustment law, but were released on parole. (Parole).
A statement from the Office of Citizenship and Immigration Services (USCIS) said, “This group has one year to reapply for a green card.
Plaintiffs’ attorneys said the number of beneficiaries of the deal could easily exceed 50,000 immigrants.
The federal agency said the ad was “positive only because certain immigrants of Cuban descent came to the authorized border ports and were denied Cuban adjustment law, only on the basis that they did not meet the burden of establishing that they were allowed”. Were country or “on parole”.
The class action lawsuit alleges that the victims argued that the release by immigration officials was in fact parole and “proof of valid documents to apply for a green card under Cuban adjustment law.” Newsmark Prada Urisar, a lawyer who chaired the bar.
“This announcement means that the government has reached an agreement that will allow Cubans who are allowed but who have been denied citizenship to re-submit Form I-485 to obtain a green card,” explained Immigration Attorney Jose Guerrero. Miami, Fla.
“Another important fact of this announcement is that the government has acknowledged that it is not just immigrants in Cuba. Parole, But immigrants of other national races. We hope that these people will also benefit and that USCIS will clarify the purpose of this agreement, “he added.
Cuba-born aliens who meet the definition of “knowing alien” under Article 8 of the Immigration Act (INA) with document I-220A between January 12, 2017 and November 17, 2021, USCIS has stated that you will not leave. Application for status adjustment under Form I-485 under United States and Cuba Adjustment Act (CAA) and denied benefit, you:
- Submit a new one Form I-485 To USCIS, if eligible, the cost of filing I-912 (Application for Fee Discount) or with; Or +
- Submit Form I-290B, Notice of Appeal or Motion to USCIS, along with Form I-912 if appropriate fee or eligibility.
“USCIS will reopen Form I-485, which was previously denied, and re-judge,” the company explained.
The Agreement further clarifies, “If the deadline for timely filing of Form I-290B expires, you may file Form I-290B with a fee for a period of one year from the date of this notice or with Form I-912 if eligible.
If the immigrant files a late Form I-290B within one year from the date of this announcement (February 23, 2022), the Immigration Service has stated that it will reopen Form I-485 if the above conditions are met. Previously denied. “
How many people will benefit
“When we filed the lawsuit last year, we compiled statistics and estimated that at least 50,000 Cuban immigrants came to the authorized entry ports and handed themselves over to the authorities claiming to have made adjustments under Cuban adjustment law,” he said. Explained.
“But now we estimate that the number of beneficiaries through this agreement will be even higher,” he said.
Prada also noted that the agreement announced by USCIS only benefits a specific group of immigrants. Arrived at the approved border port.
He also explained that epidemics and the closure of borders in 2020 forced people to enter unauthorized areas, or to immigrants referred to in the Deportation or Immigration Protection Program (MPP) under Article 42 of the United States Code. , “Do not qualify under this Agreement.”
“USCIS identifies only ‘Coming Aliens’”, He noted.
When asked if foreigners from other countries who came to the country through thousands of authorized entry ports, such as Cuba, and received ‘parole’ (they were released on bail) would be eligible for permanent legal residency (green card), he said: . “
Frame dry feet, wet feet
Also known as the Cuban Reconciliation Act (CAA) “Wet Foot, Dry Foot Act”Implemented in 1995 and removed during the Barack Obama administration in January 2017 at the end of his term.
The law allowed for the acquisition of one of the Cubans who appeared at the border points with Mexico or Canada or who were able to reach the land by sea. Parole (Document I-94), can apply for permanent residence after one year of entry into the country and processed by immigration officials.
After the repeal of the CAA and until November 2021, thousands of Cubans continued to cross the border, where they enforced the ‘wet foot, dry foot law’ for asylum or protection.
Many were not deported, but when their cases were processed, they were released on parole, but later their I-485 forms (petition to rectify the situation) were rejected.
Until they meet the requirements specified in the USCIS notification, they will have one year to re-file.
The ‘wet foot, dry foot’ policy was implemented in 1994 after the mass exodus of Cuban rafters. The reason is that the Cuban government refused to accept the deportation of its citizens from the United States.
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