About an already approved I-130 application

[Rudolph]

Dear Sir or Madame,


I will expose my case to you in the clearest way I can:


My son and his family (wife and 5-year-old daughter) currently live in Havana, Cuba. I have petitioned them under F3 (married sons and daughters of US citizens) and an interview has been scheduled for them at the US consular section in Havana for January 2015.


Q: What would happen to that already approved I-130 application if my son entered the US alone with a non-immigrant visa before the date of the interview and decides to stay? Cubans easily adjust their status under the provisions of the 1966 Cuban Adjustment Act.


Q: Would he have to start a completely new petitioning process for his wife and child or could they benefit from the former I-130 taking into account that they were his dependents in it?


Q: What would his options be for reuniting the family in the quickest way?
I will appreciate you share with me some references to the immigration laws and regulations that pertain to my specific case.

[Disagreeable]

Re: About an already approved I-130 application

Jumping the gun can cause his petition to be rejected completely.

[sandyclaus]

Re: About an already approved I-130 application

Dear Sir or Madame,


I will expose my case to you in the clearest way I can:


My son and his family (wife and 5-year-old daughter) currently live in Havana, Cuba. I have petitioned them under F3 (married sons and daughters of US citizens) and an interview has been scheduled for them at the US consular section in Havana for January 2015.


Q: What would happen to that already approved I-130 application if my son entered the US alone with a non-immigrant visa before the date of the interview and decides to stay? Cubans easily adjust their status under the provisions of the 1966 Cuban Adjustment Act.


Q: Would he have to start a completely new petitioning process for his wife and child or could they benefit from the former I-130 taking into account that they were his dependents in it?


Q: What would his options be for reuniting the family in the quickest way?
I will appreciate you share with me some references to the immigration laws and regulations that pertain to my specific case.

as Disagreeable has pointed out, by jumping the gun, defrauding the immigration folks by misusing a non-immigrant visa with the intention of overstating and remaining permanently without authorization, will have dire consequences for their plans to lawfully immigrate.

Not only would he have to re-apply, but as he failed to conform to the legal process in the first place, it increases the likelihood of not only being denied, but incurring a ban that prevents him from applying again for a lot longer than what he's looking for now.

As impatient as he may be, the safest and most appropriate thing to do now is wait for the scheduled interview. That's when his turn comes up, as there are thousands of others who lawfully applied long before him who get to come first.

[Rudolph]

Re: About an already approved I-130 application

Keep in mind, please, that Cubans can stay and adjust status after a year and a day under the 1966 Cuban Adjustament Act (dry feet, wet feet). Cubans are automatically regarded as refugees and granted LR status.

[Rudolph]

Re: About an already approved I-130 application

Keep in mind, please, that Cubans can adjust status after a year and a day under the 1966 Cuban Adjustment Act (dry feet, wet feet) so overstaying or even entering illegally does not represent a problem for Cubans. Under that law, they are regarded as political refugees and are granted many benefits other country nationals do not have.


I hate to put it like that, but it is a privilege only Cubans enjoy. I just wanted to put my situation into the right context.

[sandyclaus]

Re: About an already approved I-130 application

Yes, but immigration fraud, such as what you are suggesting, can still be used to deny them legal status.

One would wonder, if there are special rules to Cuban immigrants, why would your son risk his ability to easily immigrate by committing fraud instead of just being patient and letting the system do its job?

[Disagreeable]

Re: About an already approved I-130 application

One also wonders what he has done that he was so happy in Cuba, built a life and a family, but now feels the need to escape like a thief in the night.

[Rudolph]

Re: About an already approved I-130 application

I am so sorry you are judging our lives without even knowing us, but I won’t even refer to the last comment. If this is the way you welcome people on this forum, thanks for that!


There are millions of people trying to reach the US by any means available to them, not only Cubans but Mexicans and from all over the world.


It is debatable the use you make of the word “fraud”, if there is a US law and if the rights are granted why not availing of them. The only way to avail of that law is reaching the US illegally. If you don’t believe me you can just start reading the body of the law.


23.11 Cuban Adjustment Act Cases.
3/16/00 Cuba: The Cuban Adjustment Act
Besides, I only opened a new thread in this forum because it said on the home page we might get the assistance of a real immigration attorney, someone who knew indeed what he was talking about.


Thanks again for nothing (good).