Florida-based immigration attorney Willy Allen has highlighted that CBP ONE residencies are currently experiencing the quickest approval times. "These are the ones being processed most swiftly at the moment," he confirmed during his weekly segment on CiberCuba, which on Monday engaged over a thousand live viewers for an hour-long session.
In a discussion focused on the prospects for Cuban immigrants with humanitarian parole following the revocation of this immigration status, Allen advised individuals with CBP ONE and open court cases to file for asylum and prepare to defend it while marking the one-year-and-one-day threshold to apply for residency with USCIS. "Both actions can be pursued simultaneously," he emphasized. He aimed to reassure Cubans with CBP ONE, just as he did previously with those holding I-220A, acknowledging that while the majority will legalize their status, some may face challenges along the way.
Understanding Employment Concerns
Addressing concerns from many immigrants about whether working without a work permit could impede their legal status regularization, Allen emphasized that he has never seen a residency denied for this reason. However, he stressed the importance of honesty in such situations. He responded to a viewer's query about whether the court's decision allowing the government to revoke humanitarian parole requires a new notification to affected individuals, potentially revoking work permits, or if they can continue working normally. "Working can always be an issue. But if you're with an employer using the I9, you should ask them to verify with USCIS that you can continue working. So far, I've never had a residency denied for being truthful about working without a permit," Allen added.
Applying for Residency vs. Cuban Adjustment Act
Allen also addressed a question from another CiberCuba viewer regarding the difference between applying for residency and applying under the Cuban Adjustment Act. "Only a Cuban, or someone with Cuban assistance, can apply for the Cuban Adjustment Act. It's a different form. You need to determine if you're a person born in Cuba or have Cuban nationality to apply for residency or the Cuban Adjustment Act. Only Cubans, those born in Cuba, or Cuban nationals can apply for that residency," he explained.
Elaborating on this point, Allen underscored that "if you marry a U.S. citizen, you can apply for residency through your spouse. If you are the parent of a U.S. citizen, your child can petition for you, allowing you to legalize your status through your citizen child's application. The Cuban Adjustment Act residency is exclusively for those born in Cuba, Cuban nationals, and foreign spouses of Cubans," he concluded.
Key Questions About CBP ONE and Residency Applications
What is the CBP ONE program?
CBP ONE is a program designed to streamline the residency application process, resulting in faster approval times for applicants.
Can I apply for asylum and residency simultaneously?
Yes, according to attorney Willy Allen, it is possible to pursue both asylum and residency applications at the same time.
Does working without a permit affect my residency application?
Allen states that he has not encountered any residency denials due to working without a permit, provided that applicants are truthful in their applications.