Miami, FL asked in Immigration Law for Florida

Q: How does the rescission of "Mater of Vazquez" by USCIS affect naturalization (citizenship) if status was adjusted before

Adjusted immigration status to greencard with "registration of Cuban birth" in Venezuela, as allowed under "Matter of Vazquez" policy in 2015 under the Cuban Adjustment Act (CAA). At naturalization interview "passed test" but "decision cannot be made yet", officer explained that my registration of birth "may" no longer be enough. Matter of Vazquez was rescinded in 2017. Is this retroactive application?

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: A questionably governed nation may have political leadership and administrators that are inexperienced and overlook the law. If you are wronged, you must ‘avoid’ giving up any and all legal arguments. The argument must be carefully presented, so an appeal is preserved. That will take an immigration attorney with time and experience.

As a result, don’t skimp on fees. Look for and hire a competent and experienced immigration attorney who you believe has the credentials and will properly handle your case. Make sure that attorney will do the work, not a less experienced attorney. It’s very difficult and emotionally devastating to sue for malpractice after the fact. You have the right to chose your attorney, but must be able and want to afford it. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

Stephen Shaiken
Stephen Shaiken
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: USCIS issued a policy memorandum in which they seem to find the case is retroactive. However, retroactivity is a matter of statutory interpretation and Constitutional law, and it will ultimately be decided in federal courts. Federal courts are not required to defer to the BIA on Constitutional matters. Your ability to raise these issues will depend on the facts of your case, timely filed appeals, and whether circuit court law weighs in. Whichever lawyer you speak with, make sure they have significant experience in litigating before the agencies and federal courts, as they will be able to review your case, decide if there is a valid non-retroactivity argument, and how all of this applies to your case. This is only a general comment on the law, and not an assessment of your case nor advice on how to proceed, other than to consult with highly competent counsel.

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