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Immigration Issues/using the Cuban adjustment law by a dual citizen



I would like to ask a question regarding a dual citizen entering US under the Cuban adjustment law.
The situation is, that a dual (Cuban/Czech) citizen born in Cuba, but living in Czech Republic since early childhood wants to travel to the US and using the cuban adjustment law apply for a green card here.
Is it better to enter the aircraft with the czech passport
( travel to the United States under the Visa Waiver Program ) and either enter the US with the Czech passport and then apply at some office for a procedure under CAA with the Cuban passport (issued in Paris btw.), or to show the Cuban passport to the immigration officer at the airport in the US and apply for the procedure right at that point?

Thank you very much for the answer.

You must live in the United States for one year before you can apply for the green card under Cuban Adjustment Act.  You will not have a work permit if you entered the US under the visa waiver, but after waiting one year you can apply for a green card and work permit.  I would not show the immigration officer at the airport that you have a Cuban passport, because you may be refused admission based on immigrant intent because it would seem that you are trying to enter the United States to apply for a green card.

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Jack Sung


Can answer: Immigration and visa issues Can't answer: Everything else


Been a practicing immigration attorney for 4 years.

Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Southwestern International Law Journal

J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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