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EMJ1219
EMJ1219, Immigration Specialist, GPHR
Category: Immigration Law
Satisfied Customers: 10760
Experience:  Military service and duties included manageing expat assignments for 20 years; GPHR certi 2006
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Is a Cuban Refugee a Public Interest Parolee or Paroled as ...

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Is a Cuban Refugee a Public Interest Parolee or Paroled as a Refugee? This is for the I765 workauthorization form. We have asked the INS who gave conflicting answers and a Forms preparer who gave a wrong answer. We paid $15.00 yesterday by credit card and no one got back to us all day.
Submitted: 6 years ago.
Category: Immigration Law
Expert:  EMJ1219 replied 6 years ago.

DearCustomer

Your I-94 or 551 shoukld indicate your status.

I would have to know how you came into the country to answer that.

Most likely, as a Cuban (or Haitian), you would be considered a Public Interst Parolee.

Cuban and Haitian refugees are the only ones who can hold that status and is the status most used.

 

Customer: replied 6 years ago.
Reply to EMJ1219's Post: He came into the country by taking a balsa boat to Mexico an crossing at Brownsville Texas.
Expert:  EMJ1219 replied 6 years ago.

DearCustomer

And after entering the U.S. did he apply for asylum within one year?

Customer: replied 6 years ago.
He has only been here since 10/4/07. He was given a Notice to appear and we wnt before a judge. The judge gave him a court appearance date of one year from now to invoke the Cuban Adjustment Act I think - or perhaps to ask for asylum - I really am confused as to what he has to do at that time. The judge said right now his status is "entrant" =- he is like someone "knocking at the door" =- so parolee seems to fit. But for this form it is confusing. The judge kept saying he is like someone "knocking at the door" and will be so until one year from now. The judge seemed to indicate he will invoke the C.A.A. in one year.
Expert:  EMJ1219 replied 6 years ago.

DearCustomer

Finally we are there. His is admittted but not paroled.

After one year in the U.s. he can apply for permanent residence. he may not travel at this time.

But that is not your question. He is an enteratn not a parolee, but lets verify everything.

Does he have a stamp in his passport that says a status, such as parolee? Does he have a stamp on his I-94...what do these say? what codes are used?

 

Customer: replied 6 years ago.
Yes This is why it is so confusing. All the terminology seems to be different everywhere we go. On the I 94 the stamp part says "Paroled with" and then the date Oct 4 2007" is written in. Then I "CC 240 Hearns". Then it says in a box with no label - written in "Asylum." Then in the nest box, the stamp part says Port - Date and Officer - with those filled in.

The judge, though says he is an entrant waiting for the Cuban Adjustment Act. For this form, they have all these categories using the words parolee and asylum and refugee and we are totally confused.
Expert:  EMJ1219 replied 6 years ago.

DearCustomer

Thank you so much. It is the I-94 that indicates his status. Please list him as paroled.

Now having said that. The USCIS has been known to error out of ignorance of the law.

For example: I once sent a request for a re-entry permit on form I-131, filled out correctly. it was returned without action indicating that the client was a permanent resident and did not need advanced parole. Well, they were correct, but that was not waht I had applied for. The screening agent was wrong.

I have received requestts for additional evidence to get a foreign diploma from the United Kingdom translated into English.....of course, the diplomas of the United Kingdom are English.

And so it goes.

You have already noted that you received conflicting information from the USCIS and other immigration persons.

So, it may come to pass that they will turn it back asking for a different designation. So be it, simply indicate a new category and resubmit.

By law, the I-94 is the official document that authorizes someone to be in the U.S. in that status.

By law the only persons who can be parolled into the U.S. without having an advanced parole, are haitians and cubans.

The law states that cubans and haitians who are admitted or paroled are eligible to apply for work permits upon entry, and in fact are authorized to apply for them at the port of entry.

hence, you should use the parolee status.

When you submit teh petition, you will be including a copy of his I-94 and his biographic page from his passport. They will most likely use the I-94 as well.

 

Customer: replied 6 years ago.
Ok I understand but questions 16 specifically asks for a category both of which use the word "parole(d)". One says "Paroled in the Public Interest" and the other says 'Paroled as a Refugee". So which one is he? the first one is c11 and the second one is a4.

Thanks.
Expert:  EMJ1219 replied 6 years ago.

DearCustomer

He is paroled in the public interest.

EMJ1219, Immigration Specialist, GPHR
Category: Immigration Law
Satisfied Customers: 10760
Experience: Military service and duties included manageing expat assignments for 20 years; GPHR certi 2006
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