Many Cubans consider immigrating to the United States even before considering how they will do it, what possibilities they have, what resources they will use, what laws or regulations they will be protected by. Lack of knowledge is often the root of difficulties and setbacks when it comes to entering the United States and legalizing their status. Don't be one of the many who fail because they don't first obtain documentation.
From Directorio Cubano We've set out to offer you a brief and simple explanation of some of the most common questions our team of professionals receives on a daily basis.
First, we'd like to make it clear that, despite the fact that Cubans live anywhere in the world today, the United States remains the best option for starting over and achieving a decent life. Why? Because even though, since the start of the Donald Trump administration, war has been declared on immigrants, both illegal and legal, Cubans continue to have certain priorities and advantages that those born in other countries don't have.
- Possibility of arguing credible fear when entering a border irregularly and then obtaining political asylum
- Enter the United States legally, wait for 1 year and XNUMX day, and then apply for the Cuban Adjustment Act.
- Greater facilities to obtain residency and then citizenship
- Advantages compared to any other country in the world to quickly get a job
- Salaries higher than the average in other countries around the world
- Let's analyze together some questions and answers about these particulars.
- What is credible fear and political asylum?
Following the end of the Wet Foot-Dry Foot Policy, the immediate granting of parole has disappeared for Cubans. In other words, as a rule, Cubans who request asylum at U.S. border crossings will be returned unless they can prove their case before the immigration court, a legal institution that will accept or deny credible fear arguments, or, in other words, demonstrate that you are a political refugee and that your life is in some way at risk if you decide to return.
While the lack of political freedoms in Cuba is well known, we are honest in acknowledging that a good portion of Cuban emigrants do so solely for economic reasons. But if they were to declare this to the U.S. authorities, it would be of little use, so anyone trying to demonstrate credible fear should secure "proof or evidence" of this situation. What? Well, everything that serves to demonstrate that you have been harassed, persecuted, or threatened by the political machinery on the island or its repressive forces.
- What is the difference between requesting political asylum and the Cuban Adjustment Act?
The Cuban Adjustment Act is a very specific piece of legislation that stipulates certain requirements and requisites. It essentially means that Cubans are entitled to apply for residency in the United States by proving they have entered legally and lived uninterruptedly for at least 366 days on U.S. soil, or one year and one day. If you are detained at a border crossing, it's unlikely you'll be able to sustain yourself for a year and a day, which is why it's almost always the option used by those who obtain a visa for an event, conference, study, etc. Dual citizens can also enter legally and benefit from the Cuban Adjustment Act.
- When you arrive at the airport, do you have to request political asylum or say you're covered by the Cuban Adjustment Act?
If you enter the United States legally, you should not surrender to the authorities, request political asylum, mention that you are staying, or even discuss the Cuban Adjustment Act. No. Unless you are the most wanted person in the Republic of Cuba and are certain you will be granted asylum. We suggest you leave the airport, find accommodation during the validity of your visa if you don't have family or friends, and, if possible, look for a job (some small companies hire illegal immigrants, and while they don't pay much at the start, you'll get enough to live on if you plan ahead). Under these conditions, you should wait a year and a day, and then apply for the Cuban Adjustment Act.
It's a relatively simple process; you just have to make sure you're not found by the authorities during the specified time, then present yourself, and that's it. You won't be detained, as there's a law that supports this. I wish all Cubans could enter with a visa, but right now it's very difficult to obtain one, so the main option is to enter illegally.
- Can a Cuban automatically claim protection under the Cuban Adjustment Act when arriving at an airport or border crossing?
No, because you are entering at that very moment, and therefore cannot prove that you have lived in the US for more than a year, which is a key requirement. Political asylum is the most suitable option for those who enter US soil illegally.
- Where should I apply for political asylum in the United States and how do I do it?
Once you're in front of the first U.S. Citizenship and Immigration Services (USCIS) representative, present your Cuban identification document (passport, ID, driver's license, or birth certificate) and simply state: I'm Cuban and I'm requesting political asylum. Done.
- What happens when I turn myself in to the authorities and request asylum, claiming fear?
A legal process will begin, requiring you to appear before an immigration court. The court will determine whether there is sufficient evidence to declare "credible fear" in your case and then grant asylum. Otherwise, you will be deported to Cuba or your point of entry into the United States. Hence the importance of what we pointed out in the introduction, as many Cubans pack a backpack and head off to cross the jungle without worry.cupto carry too much evidence with you.
- What should we Cubans with second nationality do?
They are generally Spanish citizens who have benefited from the Historical Memory Law, but others also have citizenship from any European country and obtain ESTA permission to travel to the United States, in these cases using their second nationality passports, never their Cuban ones. The subsequent process is the same: they must remain "hidden" in the United States for one year and one day without assistance or work permits. Then, once they have Cuban nationality, they can begin the process of applying for the Cuban Adjustment Act and obtain residency.
- Why a year and a day?
This is established by the Adjustment Act. You cannot leave US territory until this period is completed and you then obtain a residence permit in the US.
I'm Cuban, but I entered with another country's passport and I want to stay. What should I do?
We've already said it, you're in, so you're 70% complete. Now you have to stay hidden for 366 days, and then you can apply for residency through the Cuban Adjustment Act.
- If the immigration court determines credible fear and parole is granted, will I be able to work?
Indeed, parole doesn't automatically grant the possibility of working, but it does allow for the processing of a work permit. Once the application is submitted, it could take around three months to receive it.
- Is the USA still the best country for Cubans to emigrate to?
Definitely. We believe so. Despite current anti-immigrant policies, this country offers the greatest advantages for rapid prosperity and a fresh start. However, just a few days ago, the Donald Trump administration introduced new restrictions, announcing that it would turn back anyone who had arrived after transiting through more than two countries, disregarding credible fear and other arguments.
We would be very pleased with your feedback and if you would let us know of any questions or concerns you may have. We are always happy to help. We update our list of questions and answers periodically to make it easier to access information, but we encourage you to read our related articles. Directorio CubanoRemember that it's not enough to be lucky; you have to help it along, and the best way is to be informed and act correctly.
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46 comments
I have a son who has played baseball since he was six years old and has had good results, but since he's not the son of baseball players and we don't have the money to pay for school fees or to put him on a team, which is the norm in Cuba these days, they block his path, even though he always makes the pre-selection cuts and has participated in two national championships. I've complained, and the sport's directors have retaliated against him. What should I do? Emigrate with him and enroll in an academy; he's only 16.
Hello, I am Cuban but I also have Mexican nationality, to which I have traveled several times, but I want to emigrate to the United States. Do you think they will deny me political asylum simply because I have been to Mexico before?
Hello, I am a Cuban citizen. How can I apply for a vocational training study visa? Is it very difficult to get it approved?
Six years ago, I entered the country legally with dual citizenship by air. At the airport, I applied for Cuban Adjustment Act status for myself and my husband, who was with me and isn't Cuban. The result: we both left the airport with parole, and within a few months, we had work permits. A year and a day later, we applied for residency without any problems, both obtaining it under categories CU6 and CU6.
Now I have a friend who's coming under the same circumstances, only accompanied by her non-Cuban minor daughter. What would be recommended? Should she do what I did and request legal protection at the airport, or should she enter and stay illegally for the required year and one day?
Please help!! She's asking me what to do, and I don't know whether to guide her based on my experience or based on what I've read so much about what should be done.
Thanks in advance.
A Cuban who enters the U.S. with a tourist visa and decides to go into hiding and then invoke the Adjustment Act, what can and can't they do during that year of hiding? I'd like to read a full article on this subject.
Hello, a Cuban who entered with a J2 visa, his wife J1, she is not Cuban and his son J2, the country where they come from does not give a letter of no objection that allows the waiver to be processed, therefore he does not meet that requirement to eliminate that law that obliges him to return to that country... My question is, if at the end of his work contract, he decides to stay illegally, can he now apply for the Cuban Adjustment Act, because his immigration status changed?
Credible fear, what do you mean? Just asking?
Hello,
We suggest you read: https://www.uscis.gov/es/programas-humanitarios/refugiados-y-asilo/asilo/preguntas-y-respuestas-verificaciones-de-temor-creible
All the best
Credible fear what are you referring to!
Hello, I'm Cuban and have dual citizenship. The question is whether the benefits given to Cubans after being in the US for three months are still in effect.
If I legally enter the United States via maritime transport and decide to leave, I am not detected or detained by any immigration authority. Should I wait a year and a day in the shelter of a relative or what process should I go through? Thank you, and I hope to be assisted. It is urgent to know your response.
Hello, I am Cuban, I am 56 years old and I emigrated to Venezuela in 1997. Three years later there was a revolution. I spent about 3 years looking for a way to leave, but I had to endure it because I have a child there, he is currently 19 years old, but the situation was getting tense. I had to emigrate to another country, in this case Peru, and I have been here for two years and eight years now. You can see from the news that it iscucI'm going to declare another revolution. I have my mother who is an American citizen and in all this time I haven't been able to see her or visit her. She's 74 years old. What chance do I have of migrating to the United States legally and obtaining my visa, given all this I've told you? I implore you, if it's not to stay alone, to give me a visa so I can see my mother and return to some country where there is no socialism or leave me there permanently... I hope for a response in advance, and thank you.
The explanations are very clear. It's always good to know all the procedures and steps you need to take if you find yourself in that situation. Regards.
If a Cuban citizen arrives illegally by sea and presents himself to U.S. authorities...what will happen to him?
I entered secretly with a Spanish passport and will be there for 1 year and 1 day. I entered 4 months ago, but my 19-year-old daughter is in Mexico with a Cuban passport and is going to cross the border (she clarified with maximum security, that is, everything will be mediated by experts who are in fact her family).
My question is
Will she have a problem passing through alone, being under 21? Or will she have to declare that her mother is in the US illegally?
Or does nothing happen because she makes that journey without being accompanied by her mother or father?
If a Cuban enters the United States by sea and is not intercepted at any border point, what should he do?
Good in case you arrive in the United States through third countries, what would have to be done when you arrive at the airport and touch American soil?
Hello, I would like to know if it is possible to enter the US through third countries without having a US tourist or immigrant visa.
What happens to Cubans who enter the United States illegally and do not report to the authorities? Do they remain illegal forever? Or what happens if, after a year and one day, they prove, in any way, that they have been there and can avail themselves of the law?
Hello, I'm 27 years old. My girlfriend is going to travel to Nicaragua, but the plane has a stopover in the United States, which is where I am. She can't request asylum to stay here.
Hello, I am Cuban and my only daughter lives in the United States. I have a secondary Lebanese nationality. Can I travel to that country without having to wait for her to claim me?
Thank you
We suggest you read: https://www.directoriocubano.info/panorama/paises-en-el-programa-de-exencion-de-visado-de-los-estados-unidos/
All the best
I would like to know if a Cuban enters with a fiancé visa and doesn't get married within 90 days and goes into hiding, can they also benefit from this law after 366 days?
Hello. I intend to enter the US with a Spanish passport. I've been told the visa allows me to stay for 180 days. Once the visa expires and I don't leave, I'll be considered an illegal immigrant. Will I have any problems applying for residency if I prove I'm of Cuban origin? Thank you.
Can I benefit from the Cuban Adjustment Act after staying illegally for 1 year and 1 day?
I'm glad to know those Cubans will be taken care of, and I wonder what will happen to the mothers who want to do what we thought was right and are waiting legally and correctly for our process. We no longer know what works best. I don't understand. Until when, sir, will the embassy be open? The citizens of this country need you to take us into account. PLEASE, Mr. President. We no longer deserve to deteriorate further. Thank you.
If a Cuban arrives in the United States by sea or land, let's say illegally, and manages to bypass all types of border crossings, after some time, they would have the possibility of legalizing their status.
Hello, I'm Cuban and will soon have my Spanish passport. The article was very informative, but I have the following questions: Once I've completed the 366 days, where do I go to apply for residency? What documents do I need to present? An ID card, a passport, a ticket, or something else? Thank you for the information.
PS: They put ads excessively, it's disgusting
Hello, I'm Cuban and I would like to travel to the United States legally. What do I have to do? Almost all of my family lives there. I would like to go with my daughter and my husband.
Hello,
We ask that you read the information in the text.
All the best
Hello, I am another of the many Cubans who wants to emigrate to the United States, but I don't have family or anyone who can help me there. What do you recommend?
Hello, I'm another one of the many Cubans who wants to emigrate to the United States, but I don't have family or anyone who can help me there. What is recommended?
Hello,
We suggest you contact the U.S. Embassy in Cuba directly. To reach a customer service representative, please contact our Consular Information Unit via the email address and phone number listed below:
Email: [email protected]
Phone: (53) 7-839-4152
The Consular Information Unit telephone line is open to the public from 9:00 a.m. to 11:00 a.m.uneSaturday is Friday, except for U.S. and Cuban holidays.
All the best
This article is very helpful, I have cleared up some doubts, thank you very much.
Thank you.
I would like to immigrate to the United States with my wife and children. I have my parents, siblings, and other relatives there. What can I do?
We suggest you review: https://cu.usembassy.gov/es/visas-es/immigrant-visas-es/cuban-parole-programs-es/cfrp-program-es/#:~:text=Parole%20es%20un%20tipo%20especial,Seguridad%20Nacional%20administrado%20por%20USCIS.&text=Creado%20en%20el%202007%2C%20el,para%20sus%20familiares%20en%20Cuba.
All the best
Hello, I'm Cuban, and my wife is a Spanish citizen. I know I can travel with her to Spain as well as other European countries, but I'd like to know if it's possible for us both to travel to the United States together, using Spain as a second country? Can I travel from Spain to the United States with her?
Hello,
Thank you for your information Directorio Cubano and for your trust.
We invite you to join the official channel of Directorio Cubano on Telegram. There we cover important information about Cuba, always with an emphasis on news related to procedures, services, travel, tourism, and/or events. We have the largest channel on immigration issues on that social network. By joining, you can stay informed, find faster help with your concerns, and more.cupactions and share experiences with thousands of members of our diverse groups.
Official channel: https://t.me/DirectorioCubano
All the best
Hello, I would like to know what I have to do to travel legally to the United States.
Hello,
Thank you for your information Directorio Cubano and for your trust.
We invite you to join the official Channel of Directorio Cubano on Telegram, the largest forum on immigration issues on that social network. There we discuss issues related to procedures, travel, and information about Cuba. You can also stay informed, find faster help with your concerns, and more.cupactions and share experiences with thousands of members of our groups on a variety of topics.
Official channel: https://t.me/DirectorioCubano
All the best
Hello, 5 years ago I entered the US and they granted me parole. After 4 months I left without looking back because my grandfather, the person who dedicated his entire life to me, had passed away and I was far away. Now I would like to know what I can do with my parole and my social security... García
Hello,
Thank you for your information Directorio Cubano and for your trust.
We invite you to join the official Channel of Directorio Cubano on Telegram, the largest forum on immigration issues on that social network. There we discuss procedures, travel, and information about Cuba.
You can also stay informed, find faster help for your concerns, andcupactions and share experiences with thousands of members of our groups on a variety of topics.
Official channel: https://t.me/DirectorioCubano
Social Group for followers of Directorio Cubano: https://t.me/dcsocial
Group for Currency Exchange in Cuba and everything related: https://t.me/cambiomlc
All the best
Hi, I'm Cuban, I'm 28 years old, and I have a relationship in the United States. What do I have to do to be able to go with her?
What happens to a Cuban who enters with a tourist visa and has not yet completed the 366 days and is caught working?
Hello. I'm Cuban, 22 years old. I currently hold Ecuadorian citizenship, which allows me to travel to Mexico legally. On more than one occasion, I've wanted to travel to a US border crossing and turn myself in. But I don't know what documents to present or what to process. Could you advise me?