L1/L2 and Cuban Adjustment Act

[JCo]

Hi,

My husband is Cuban and has UK permanent residency. We will be moving from the UK to the US on my L1 visa (inter-company transfer). He will be getting the L2 visa as my spouse.

We would like to know whether my husband will be able to apply for a Green card after a year residing in the US through the Cuban Adjustment Act. The USCIS website indicate that eligibility requires that:

1. You have been physically present in the United States for at least one year at the time you file your Form I-485;

2. You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and

Point 2, does not specify what is lawful permanent residence and we wonder whether the L2 visa holder is not be eligible under the Cuban Adjustment Act. Can anyone help?

Thank you!!!

[Libra_14]

Yes, he'll be eligible. Consult an attorney to save time & money.

[newacct]

Hi,

My husband is Cuban and has UK permanent residency. We will be moving from the UK to the US on my L1 visa (inter-company transfer). He will be getting the L2 visa as my spouse.

We would like to know whether my husband will be able to apply for a Green card after a year residing in the US through the Cuban Adjustment Act. The USCIS website indicate that eligibility requires that:

1. You have been physically present in the United States for at least one year at the time you file your Form I-485;

2. You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and

Point 2, does not specify what is lawful permanent residence and we wonder whether the L2 visa holder is not be eligible under the Cuban Adjustment Act. Can anyone help?

Thank you!!!

Basically, "admissible" means that he doesn't have a ban. Cuban Adjustment Act just requires that he entered legally and has been physically present for 1 year. His status now doesn't matter; even if he is out of status now he would still be eligible.