SLP, Mexico.- The recent news of the denial of residence permit in the United States to Cuban parents who arrived in that country with their minor son, across the border with Mexico, has raised concern among the community of migrants who have arrived in similar conditions.
Mayron Gallardo, attorney at Gallardo Law Firm, specialized in immigration matters, stated in an interview with CubaNet that the Citizenship and Immigration Services (USCIS) is denying residency to those who entered that situation, under the accusation of human trafficking.
With this argument, those who have entered the country through borderwith minors, are ineligible to obtain permanent residence in the country.
However, according to the expert, if the person the immigrant entered the country is a direct family member (child, husband, wife) they may be eligible for an immigration waiver. If a waiver is granted, you can reapply for residency.
Otherwise, if the migrant arrived with a minor who is the child of a friend or another relative, is not a beneficiary of an immigration waiver and will not be able to adjust status. “There the situation is extremely serious for these types of people, he highlighted.”
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The forgiveness can take years to be approved and during that time they should choose to have some immigration protection.
“Immigration pardons of this type take almost three years. Anyone who has a pending asylum application continues with their asylum application. If you don’t have it, you should have it, you should put it so that it is protected under something,” he advised.
People who fall under this assumption are not at risk of deportation, according to their explanation: “They are not at risk of anything.”
According to Gallardo, the phenomenon of border entry with infants is being a frequent problem: “Right now it is happening a lot. This was not something that happened before. And it is happening with both Cuban citizens and citizens of other countries who enter through the border.”
A Cuban couple, living in Dallas, Texas, entered through the border in October 2022 with a minor child. Upon entering, as the journalist alluded Daniel Benitezthe immigration authorities granted them a parole for 60 days.
Later, in November 2023, they applied for the Cuban Adjustment Act and a year later the United States Immigration Service notified them that the child’s residency was approved.
However, they denied that permission to the parents, justifying that they had brought the child through the border.
