Cuban Adjustment

[nathyv27]

Hello everyone,

I am Italian and Cuban citizen. I am in the US and came in using ESTA. I would like to know if there is any possibility for me to apply for cuban adjustment? as a I'm cuban national as well. If that's possible. Can someone with experience or knowledge about this matter let me know how to start wit that process?


Thank you in advance!!!

[krypton9591]

Hello everyone,

I am Italian and Cuban citizen. I am in the US and came in using ESTA. I would like to know if there is any possibility for me to apply for cuban adjustment? as a I'm cuban national as well. If that's possible. Can someone with experience or knowledge about this matter let me know how to start wit that process?


Thank you in advance!!!

https://www.uscis.gov/greencard/caa

[inadmissible]

Assuming you were authorized for a 90 day stay, you will have to remain unlawfully present in the United States for the remaining 275 days to meet the one year physical presence requirement

[nathyv27]

Last concern

Thank you so much for your opinions.

If I came in the US using my ESTA, Italian nationality. but I'm also Cuban National. can I still apply if a came in with a different nationality than Cuban?

[krypton9591]

Thank you so much for your opinions.

If I came in the US using my ESTA, Italian nationality. but I'm also Cuban National. can I still apply if a came in with a different nationality than Cuban?

again as Inadmissible said, you would have to remain in the US for an additional 275 days to meet the year long presence requirement, at that point if you are on ESTA that means accruing 275 days of illegal presence which does not meet the requirements of your year of physical presence in the US being LAWFULLY present. you're best bet is to try and find a way to come legally for at-least a year and then apply under the CAA. but the way you're trying to will not work.

- - - Updated - - -

I also recommend once again as I did before on 05/18/18 that you read through the USCIS link regarding the Cuban adjustment act available here https://www.uscis.gov/greencard/caa

[newacct]

at that point if you are on ESTA that means accruing 275 days of illegal presence which does not meet the requirements of your year of physical presence in the US being LAWFULLY present.

They don't have to remain legal during that year of physical presence for Cuban Adjustment.

[krypton9591]

They don't have to remain legal during that year of physical presence for Cuban Adjustment.

[newacct]

[ATTACH]1207[/ATTACH]

It says the person must be admissible (i.e. doesn't have a ban). Overstaying does not by itself make someone inadmissible.

Immediate Relatives (e.g. spouse of a citizen) also must be admissible to adjust status, and they can do it even with overstay.

[krypton9591]

It says the person must be admissible (i.e. doesn't have a ban). Overstaying does not by itself make someone inadmissible.

Immediate Relatives (e.g. spouse of a citizen) also must be admissible to adjust status, and they can do it even with overstay.

yes because they are the spouse of a citizen they it does not apply to their situation... and you are correct to a certain degree, if he is here for a year and doesn't leave and attempt to re-enter the US he'll be fine. but if he does leave before applying he'll trigger a ban due to 180+ days of overstay. so hopefully he doesn't or isn't removed for some other reason.