New York

Cuban doctor ineligible for US military service

Q. Customs and Border Protection has released me on parole to the United States. Can I enlist? i am cuban A month ago, CBP let me enter the United States. I am a trained general surgeon and look forward to serving you.


A. You cannot enlist in the US military until you obtain permanent residency. As a Cuban national paroled in the United States, he can apply for a change of status to permanent residence one year after entering the United States. The Cuban Adjustment Act of 1966 provides that a Cuban who is admitted or paroled to the United States is eligible to apply for permanent residence one year after he enters the United States. It is the only nationality-based green card category that does not have a cut-off date. As such, Cubans who are and will be admitted or paroled to the United States by CBP will benefit.

Q. I am a US citizen. My wife came here on her C-1 flight attendant visa and she stayed longer than allowed. Can she have a green card interview in the US or will she have to apply for a visa at a US consulate abroad?

no name new york

A. Your wife must apply for an immigrant visa at a US consulate abroad. C-1 crew members are an exception to the rule that spouses of U.S. citizens who entered the country after CBP inspection can be interviewed here, a process called “reconciliation of status.”

If your wife has been in the United States illegally for more than 180 days, you will need to get a waiver from the U.S. Citizenship and Immigration Service. This is an exemption for violating the “illegal stay” law. This law prohibits permanent residency for three years for anyone who leaves the United States after illegally staying in the United States for more than 180 days. If he stays illegally for more than 365 days, he faces 10 years in prison.

To get a waiver, you must prove that you or her U.S. citizen or permanent resident parent would suffer extreme hardship if she were forced to wait abroad for years for a green card. No. Fortunately, your wife can apply for a waiver while in the United States. If USCIS grants her exemption, her illegal stay will not matter when she applies for an immigrant visa abroad.

Allan Wernick is an attorney and director of Citizenship Now! at the City University of New York. business.Email questions and comments question@allanwernick.comFollow him on Twitter: @awernick

Cuban doctor ineligible for US military service

Source link Cuban doctor ineligible for US military service

Back to top button