December 2014, President Barack Obama reestablished relationships with the Cuban government. This resulted in a review of all American policies, immigration included, as they relate to Cuban nationals. To align immigration policies with this change in international relationships, the Department of Homeland Security reconsidered its immigration policy towards Cubans wishing to immigrate to the U.S.
In 1966, a law was established which gave Lawful Permanent Resident status to any Cuban national who 1) was inspected and admitted or paroled into the United States, (2) had been physically present in the United States for at least one year, and (3) was otherwise admissible. What does this mean in practical terms? Those who were intercepted at sea were returned to Cuba. Those who touched American Soil were able to parole and obtain lawful permanent residence. Effective January 2017, the Department of Homeland Security announced a change in the prior policy.
HOW DOES THAT IMPACT CUBAN IMMIGRANTS?
Unfortunately, the impact of this change to the law means that, like other foreign immigrants, Cubans must have a legal basis to initiate immigration proceedings such as a family- or employment based petition.
CAN YOU BENEFIT FROM OTHER CUBAN ADJUSTMENT ACT BENEFICIARIES?
Yes. Your relative, i.e.- a spouse or parent (children or unmarried sons and daughters) of a Lawful Permanent Resident or the parents, spouses, children, sons & daughters, or siblings of U.S. Citizens- may be able to file a family-based petition for you. For more information about qualifications for family-based immigration benefits from your formerly Cuban relatives, contact us if you have additional questions.
ANYTHING ELSE I NEED TO KNOW?
Yes. Recently, Donald Trump announced that he would tighten restrictions for Americans desiring to visit Cuba. It remains to be seen if an icing of international relationships will result in a return of the dry-foot/wet-foot policy that the U.S. has had towards Cuban Nationals.
FOR THIS AND OTHER IMMIGRATION, FAMILY OR BANKRUPTCY LAW SCHEDULE YOUR APPOINTMENT AT 785-537-7337.
Recently, I spoke to potential clients who were interested in adopting a relative’s child. Usually, when I am met with the adoption cases, I find myself rejoicing and happy to have the opportunity to help families grow. However, I always approach them cautiously knowing adoption cases can be fraught with many legal hurdles. This case presented itself in that manner.
The potential client quickly dropped the bomb that inspired me to write today’s blog posting. “the child isn’t a US illegally; that’s not a problem, right?”
Not a problem?
In true lawyer fashion, I began my answer with, “well it depends…”
Based on my ten years of working experience as an attorney, I have learned that for clients, going through a divorce is like running a marathon. After all the work of gathering information, making tough decisions and dividing one household into two, the last thing most people want to do is continue the momentum and make other changes. However, much of the important work of implementing the changes that come with a divorce occur after the divorce has been finalized. Below is my list of things that a person should address immediately after their divorce.