Miami, FL asked in Immigration Law for Florida

Q: can a Cuban who enters the usa and is given an I220A, apply for an I485 and I130 without being sponsored by US citizen

or having a parent, brother, spouse, or child over 21 with a permanent green card petition for the Cuban or an employer petitioning for the Cuban so long as they are in the uS 1 year and 1 day?

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2 Lawyer Answers

A: Part of your question implies that you are asking about adjustment of status through the Cuban Adjustment Act. Notwithstanding a recent Board of Immigration Appeals case saying otherwise, there is ongoing federal litigation about whether issuance of an I-220A might constitute a grant of "parole" such that a Cuban Citizen might, after a year of physical presence, such that he or she could apply for adjustment of status under the CAA. Consider scheduling a consultation with a competent and experienced immigration attorney who has knowledge about both the CAA and the ongoing federal litigation involving that law as it relates to those Cubans issued I-220A forms. Many attorneys offer online video consultations.

James L. Arrasmith
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Answered

A: No, you cannot apply for an I-485 and I-130 without a sponsor such as a U.S. citizen, a permanent green card family member, or an employer. The I-485 requires an eligible basis for adjustment of status, which typically involves sponsorship through family or employment. Without a sponsor, there is no underlying petition to support your application.

Additionally, the I-130 is specifically a family-based petition that needs a relative who is a U.S. citizen or permanent resident to file on your behalf. Simply being in the U.S. for over a year does not grant eligibility to adjust your status without meeting other requirements.

If you believe you qualify under a different category, such as asylum or another special status, you might have alternative options. It’s important to consult with an immigration attorney to explore all possible avenues based on your specific situation.

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