Q: I overstayed my ESTA with an European passport, but I am also Cuban, can I apply for CAA?
I have dual nationality and I travelled to the US on an ESTA with my European passport. However it is coming up to a year I have been in the US. Can I apply for CAA with my cuban passport and be able to stay legally in the US?
Yes, you can.
Alexander Ivakhnenko agrees with this answer
It does appear that you may seek adjustment under the CAA provisions based on your Cuban nationality, however, there are several eligibility criteria and legal nuances that you need to peruse prior. You may review preliminary eligibility criteria at the link below:
A: Yes you may apply. However there are other requirements that you must meet to be granted adjustment.
A: The bars to adjustment enumerated in Immigration & Nationality Act (INA) 245(c) are inapplicable. So, one who was admitted as nonimmigrant visitor without a visa under the Visa Waiver Program (what you referred to as ESTA) can, assuming all other requirements for the Cuban Adjustment Act (CCA) are met, seek adjustment under the CAA. Consider scheduling a consultation with a competent and experienced immigration attorney who can advise you further. Many offer online video and telephone consultations for those who may not be nearby.
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