Lawyer Willy Allen: "The Cuban Adjustment is superior to a marriage with an American citizen."

The immigration expert explains that when faced with the dilemma of marrying to gain residency or waiting to apply for the Cuban Adjustment Act after one year and one day, it is important to consider that the first option entails a permit to reside in the U.S. for two years, while the Adjustment requires ten years


It can be said louder, but not clearer: "The Cuban Adjustment is superior to a marriage with an American citizen," but for Cubans, Venezuelans, and Haitians, a marriage to someone with U.S. citizenship doesn't hurt.

The Florida immigration attorney Wilfredo Allen clearly explains in his segment every Monday on CiberCuba to clarify doubts about the immigration changes approved week after week by the Trump Administration.

Since his return to the White House, President Trump has revoked the "humanitarian parole," which benefits migrants from Cuba, Haiti, Nicaragua, and Venezuela, requiring them to leave the country by April 24, 2025, if they lack any other legal status. However, this Thursday, Boston Judge Indira Talwani, appointed by Barack Obama, managed to block the measure. In Talwani's opinion, the Department of Homeland Security (DHS) has misinterpreted the law by attempting to shorten the legal stay of the beneficiaries of the parole.

In addition, processing of permanent residency applications for previously approved refugees and asylum seekers has been suspended, and federal aid for undocumented immigrants, such as Medicaid and unemployment benefits, has been eliminated.

The Trump Administration has also promoted "self-deportation" through the CBP Home app, warning that those who do not take this option will be deported and will be prohibited from legally re-entering the country. Other measures include authorizing the use of the Guantanamo base as a detention center for immigrants deemed dangerous.

In statements to CiberCuba, lawyer Willy Allen explained the benefits of applying for the Cuban Adjustment Act, which allows access to a ten-year residency without having to provide financial documents to prove that the applicant will not be a public charge.

In contrast, residency through marriage lasts for two years, and after that period, there are procedures to extend it for another ten years. Additionally, the American citizen who marries a foreigner must demonstrate that their partner will not be a public charge and must sign a contract committing to support them for ten years.

"In reality, the Cuban Adjustment is far superior to marrying an American citizen," Allen insisted.

Regarding the application for the Cuban Adjustment, Willy Allen clarified that it can be done electronically, but he emphasized the importance of respecting the timelines. In other words, the procedures must be initiated one year and one day after the relevant event, and not before. If they realize (and they will) that the requirement of one year and one day has not been met, the process for obtaining the 'green card' will be invalidated.

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Tania Costa

(Havana, 1973) lives in Spain. She has directed the Spanish newspaper El Faro de Melilla and FaroTV Melilla. She was head of the Murcia edition of 20 minutos and Communication Advisor to the Vice Presidency of the Government of Murcia (Spain).