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Can I stay in the US with a tourist visa and apply for the Adjustment Act?

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Can I stay in the US with a tourist visa and apply for the Adjustment Act?

The United States has recently approved multiple tourist visas (the B-2) for Cubans, allowing them to enter and leave the country for five years. However, they can only stay for a maximum of six months at a time, and some are wondering if they can benefit from the Cuban Adjustment Law, which offers the possibility of obtaining permanent residence or a Green Card.

Under the Cuban Adjustment Act, Cuban citizens who have arrived in the United States and have waited at least a year and a day can apply for residency, but they must prove that their departure from Cuba was for political reasons and not economic or family reasons.

Immigration lawyer Ángel Leal explained that in theory, Cubans with the new tourist visa can benefit from the Cuban Adjustment Law, but they could be accused of immigration fraud if they arrive with the intention of staying in the US. He suggested that if they end up staying for an unforeseen reason, they could qualify for the Cuban Adjustment Act after a year and one day and obtain residency.

It’s important to note that Cubans still have to apply for a tourist visa in a third country, as non-immigrant visas are generally not being processed in Havana, except in exceptional cases. They can obtain multiple tourist visas, lasting five years, in the United States since August 25, 2023, but must arrange the appointment and visa at a US embassy in another country, such as Guyana.

The new option for Cubans looking to travel to the United States has sparked questions about their immigration status and potential benefits under the Cuban Adjustment Law. As they navigate this process, it is essential for them to seek legal advice and understand the requirements and implications of their travel and residency plans.

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