I am a Cuban who came to the US in 1962 when thousands of children arrived in the US alone. This era was commonly called the Peter Pan era. Under this program I came in as a student and for the past 50 years have been working as I was grandfathered to remain in the US under this status.I currently live in Utah and applied for social security benefits and disability benefits as I recently suffered a stroke. Although I have been in the USA legally, I am being denied social security benefits and disablility because I am not considered a resident.What do I need to do to correct the situation? As I grew up and during my adult years I was never denied employment or any other benefits because my status as a Cuban Sudent refugee was always acceptable. Please advice.
State/Country relating to question: Utah
Contacted a acquaintance who suggested I file paper work with Immigration for a permanent resident card. Another acquaintace said that there was a free service for Cuban immigrants in my situation.
Hi, Carlos, and Welcome to JustAnswerMy name is XXXXX XXXXX X am a Licensed Attorney, I am so sorry to hear how you are being treated, I would like to help, but need a bit more information,
1. How old are you now ?
2. How old were you when you entered the US ? 3. In what State did you reside when you were "grandfathered in" ? 4. What document was given to you when you were "grandfathered in" ?
5. Do you have a Social Security Number ? Thank you and I look forward to your reply.
3. New York
4. I am not sure what grandfathered means. I was told that I was by acquaintances nothing in writing.
5. Yes. have had it since I started employmnent at an early age. Have received statement regarding accumulation of benefits availabe upon retirement at 62 and 65.
Andrea are you an immigration expert? Have you dealt with Cuban immigrants concerning their rights granted by the US due to the Castro regime?
Hi, Carlos, Please give me a moment and I will be right with you. I often assist several customers simultaneously, and I did not want you to think I had forgotten about you
Hi, Carlos, Thank you for your patience and understanding, To Answer your last question first, Yes, I am very familiar with the Cuban situation of the 1960's, and I am familiar with Operacion Pedro Pan, under which parents in Cuba would send their children to the US because they feared that Fidel Castro would send the children to some Soviet block country. I am also familiar with the Cuban Refugee Adjustment Act of 1966
The Cuban Refugee Program provided more than $1.3 billion of direct financial assistance. They also were eligible for public assistance, Medicare, free English courses, scholarships, and low-interest college loans
The Cuban Refugee Adjustment Act (CRAA), Public Law 89-732, is a United States federal law enacted on November 2, 1966. The law applies to any native or citizen of Cuba who has been inspected and admitted or paroled into the United States after January 1, 1959 and has been physically present for at least one year; and is admissible to the United States as a permanent resident. Under the Cuban Adjustment Act, Cuban immigrants may apply to become lawful permanent residents if they have been present in the U.S. for at least one year after they were admitted or paroled into the country. This has often been called "one year and a day" rule. Under this Act, the Cuban refugees were and still are eligible for a Green Card and they would apply for their Green Card at the Immigration and Naturalization Service (the "INS"), now known as the United States Citizenship and Immigration Service (the "USCIS"). The Social Security Administration does not have the authority to deny you any benefits, either Social Security Disability Benefits, Social Security Retirement Benefits, or any other type of benefits available to any lawful permanent resident or US citizen. It is their ignorance that you have to contend with. They are unfamiliar with the laws. Since you were just a young boy at the time you first arrived in the United States, whoever you lived with must have taken you to the INS Office to be issued a Green Card. This is why I asked you the question, "What document was issued to you at that time." To be "Grandfathered in" is to derive your benefits from one of your predecessors. But this was not the case, you were not "Grandfathered in". You were here as your own right to be here as a refugee, then under the Cuban Refugee Act you were to be issued a Green Card in your own right, not through anybody else. If this was not done for you, something else must have been done in order to prove you had a right to legal permanent residency status, otherwise, you would not have been issued a Social Security Number. If this was not done, it does not change your legal permanent residency status. But in order to tie up any loose ends, it might be necessary to visit the nearest USCIS Office with proof of the date of your arrival and apply for a Green Card. Please tell me what was done for you in that area so that I can supplement my Answer to you Please be kind enough to rate my service to you as "Excellent", If you rate me at anything less than 3 stars, it will appear as a negative rating against my name,
If you need clarification, please let me know by pressing the "Reply" button,
Thank you for allowing me to be of service,
25 Yrs. Family Law, Estates, Real estate & Bus. Law, Criminal Defense, Immigration, Employment Law
I applied for a green card and was told that my status had to be that of a refugee in order to avoid the $1,070.00 fee. Although I consider my self a refugee, they are saying that I was a student and have to pay the fee.
I had no choice when I came to the US as I was sent by my parents. The intentions were to leave Cuba by taking asylum in the US and to never return. At this point I have no resources as I suffered a stroke and am unemployed. How can they say that I was not a refugee?
Hi, Carlos, and Welcome back to JustAnswer,
Which form are you filing which requires a fee of $1,070 ?
Let me know and I will see what I can find.
Hi, Again, Carlos, You can submit form I-912, Request for Fee Waiver and the Instructionshttp://www.uscis.gov/USCIS/files/form/i-912.pdf http://www.uscis.gov/USCIS/files/form/i-912instr.pdf - InstructionsExplain to them that the people who were caring for you were supposed to make application for you and apply to the various Relief Agencies set up for this purpose in the 1960's because you were a refugee and you were seeking asylum. Please be kind enough to rate my service to you as "Excellent", If you rate me at anything less than 3 stars, it will appear as a negative rating against my name, If you need clarification, please let me know by pressing the "Reply" button, Thank you for allowing me to be of service, ANDREA
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