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Re: I - 485,, Background check !!!!! Any help... Posted on: Fri, 02 Jun 2006 02:40:49 +0000


> This information is correct. However, it has nothing to do with his
> being a Canadian or getting married to an American. It is because he
> has a Cuban passport and was born in Cuba. USA has a law that any
> Cuban citizen who reaches USA soil legally or illegally is
> automatically a USA PR. of course they have to clear the criminal
> background checks, etc. Many people from Cuba just take a boat and
> sail to USA. If they reach the USA land, then they are American PR. If
> they are stopped at sea, they have to go back to Cuba. As soon as your
> friend was able to enter the USA (even though he did it using his
> Canadian passort) he became an American PR. He could have just walked
> across the land border illegally at any point and he would still have
> become the USA PR immediately just based on his Cuban birth
> certificate and Cuban passport.

You are right, that is the "Cuban Adjustment Act" enacted during Lyndon
Johnson's government. I believe in his case the fact the he had already
been "cleared" by the Canadian Government did help his application. His
brother in law, also Cuban, has been waiting for 3 years and still no
news about the GC (this guy arrived directly from Cuba). By the way he
hasn't married a USC, he got his GC on his own merit.

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