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Immigration Assistance

Whether you need to submit a new visa application, obtain a work permit, or get help with an ongoing case, filing for immigration processes usually requires paying immigration application fees and investing a lot of time. Referring to an experienced immigration expert can help avoid application denials and requests for evidence that can delay or disqualify someone’s eligibility for the status they seek.

While both immigration lawyers and immigration consultants can assist in immigration matters, it’s essential to understand their critical differences in their qualifications to make an informed decision when seeking immigration-related help.

Unauthorized Practice of Immigration Law (UPIL)

Both attorneys and accredited representatives must meet the criteria outlined by the ABA to engage lawfully in providing immigration legal services. There can be severe legal consequences if an immigration consultant gives legal advice, misrepresents their qualifications, or acts as a legal representative without accreditation in another way.

Any activity outside of simple form-filling and presentation of information taken to assist a client in the immigration process could be considered the unauthorized practice of immigration law (UPIL). Even presenting information in specific contexts can be regarded as giving legal advice, which only an attorney can do.

Services Provided by Immigration Lawyers

Immigration lawyers have completed law school, passed the bar exam in their jurisdiction, and are members of the bar association in their respective states.

Services provided by immigration lawyers may include:

Legal Advice

Immigration lawyers can provide expert legal advice on various immigration matters, including visa applications, green card applications, citizenship applications, deportation defense, asylum applications, and more.

Document Preparation

Immigration lawyers can assist with preparing legal documents required for immigration applications, such as petitions, forms, affidavits, and supporting documentation. They ensure the records are accurate, complete, and comply with the relevant immigration laws and regulations.

Representation in Court

Immigration lawyers can represent clients in immigration court, which can be crucial in complex cases or when facing deportation or removal proceedings. They can present compelling arguments, advocate for their clients to protect their rights and interests, and negotiate with government agencies.

Legal Advocacy, Research, and Analysis

Immigration lawyers can advocate on behalf of their clients with government agencies, such as the U.S. Citizenship and Immigration Services (USCIS), the Department of Homeland Security (DHS), and the Department of State (DOS). They can communicate with these agencies, respond to requests for evidence, and represent their client’s interests in court.

Staying updated on the most recent legal research and analysis on immigration laws and regulations is a priority for attorneys. They can interpret legal provisions, assess their impact on client cases, and provide informed advice on their unique situation.

Services Provided by Immigration Consultants

Immigration consultants are non-legal professionals who provide immigration-related assistance. They are not licensed to practice law and cannot represent clients or give legal advice.

However, immigration consultants can have knowledge and experience in immigration matters and be able to provide basic guidance. They can assist individuals with various immigration-related tasks if they meet the accreditation requirements established by the American Bar Association (ABA). Immigration consultants may charge lower fees than immigration lawyers, making their services more appealing to individuals with budget constraints.

Due to the prevalence of underqualified individuals defrauding immigrants, it is vital to consult with an immigration lawyer, not a consultant, if you need legal advice or your situation is remotely complex.

Services provided by immigration consultants may include:

Application Assistance and Review

Immigration consultants can assist with preparing and submitting immigration applications, including visa applications, work permit applications, and other immigration forms. They can help individuals understand the terms on the form and gather supporting documents.

Immigration consultants can review immigration documents and guide clients in reviewing their information for accuracy and completeness. However, they cannot instruct individuals on how they should answer questions.

General Advice

Immigration consultants can provide general advice on immigration matters. However, defining legal advice can be tricky, and sometimes unaccredited individuals familiar with the legal system give legal advice without realizing it. If you have legal questions or concerns about a potential application denial, it’s vital to speak to an immigration attorney.

Language Assistance

Immigration consultants may be able to provide language assistance and serve as a translator to individuals who have limited English proficiency and need help with their immigration applications and communication. Translators must meet the accreditation requirements to serve as a translator in their jurisdiction and indicate they translated on forms they assist with.

Risks of Working With Immigration Consultants

Immigration consultants cannot provide legal advice or represent clients in immigration court. Choosing not to start your process with an attorney can be risky, as you may discover your case is too complicated for an immigration consultant.

Proceeding with an immigration consultant risks potentially paying two different professionals throughout your process when you could have just started with an immigration attorney. You also risk increased scrutiny, application denials, or even being barred from citizenship if you make the wrong mistake on your application. There are also more legal protections for clients wronged by their attorneys than for unaccredited consultants.

Call Us For A Free Consultation Today

It’s essential to carefully consider your specific immigration needs, budget, and level of expertise required when choosing an immigration professional. The Law Office of Shelle-Ann Simon, PLLC, can help you can navigate the immigration process with confidence and increase your chances of a successful outcome. Call us today to schedule a free consultation about your immigration case.

Can I travel while my naturalization application is pending? In most cases, yes, but there are serious risks worth knowing before you pack your bags.

A poorly planned trip can delay or even derail your U.S. naturalization. What matters is how long you’ll be away, what stage your N-400 is in, and what documents you carry to reenter without problems.

USCIS Does Not Prohibit Travel, but Reviews Your History

The short answer to “can I travel while my naturalization application is pending” is that USCIS does not prohibit it, but the agency reviews your travel history closely. Once you file Form N-400, you remain a lawful permanent resident, not yet a U.S. citizen, which means international travel still carries real immigration consequences.

What USCIS actually evaluates is whether your absences break your continuous residence requirement or drop you below the physical presence threshold. Both are counted separately, and both can cost you the application.

The safest approach: keep trips short, document every departure and return, and consult with an immigration attorney before booking anything longer than a few weeks.

Risks of Traveling During the Naturalization Process

Understanding what can go wrong is the first step toward protecting your case. These are the main risks USCIS weighs when reviewing an applicant’s travel history:

• Breaking continuous residence: an absence of more than 6 months creates a legal presumption that you abandoned U.S. residence. An absence over 1 year almost certainly breaks continuous residence entirely.
• Falling below the physical presence minimum: you need at least 913 days in the U.S. during the 5 years before filing (or 548 days if married to a U.S. citizen). Every day abroad counts against you.
• Missing your biometrics or interview appointment: USCIS schedules appointments without advance notice. If you’re outside the country and miss one, your case may be abandoned or significantly delayed.
• Failing to update your address: if your address changes during travel and you don’t notify USCIS within 10 days, you can miss critical correspondence about your N-400.
• Denial for abandonment of residence: in serious cases, USCIS may determine that you no longer intend to reside permanently in the U.S., which can result in loss of green card status, not just a denied application.
• Raising a good moral character concern: travel to certain destinations, or travel that coincides with criminal activity or sanctions violations, can trigger additional scrutiny of your moral character record.

When You CAN Travel During the Process

Travel is not automatically prohibited. These are the situations where leaving the U.S. while your N-400 is pending is generally manageable:

• The trip is shorter than 6 months: and the total days you’ve spent outside the U.S. in the past 5 years still leave you above the 913-day physical presence minimum.
• You have no upcoming USCIS appointments: check your case status before booking. If a biometrics notice or interview letter could arrive while you’re abroad, do not travel.
• You’re traveling for a documentable reason: work assignment, medical treatment, family emergency. Having written records (employer letter, medical records, return ticket) protects you at the interview.
• Your continuous residence is not at risk: meaning you haven’t had lengthy absences in recent years and this trip won’t push you into the presumption zone.
• You’ve discussed it with your attorney: an immigration lawyer can review your specific travel history and N-400 timeline before you make any decision.

Documents That Can Protect You When Leaving the Country

If you do travel while your U.S. naturalization is pending, carry documentation that confirms your permanent resident status and supports your return. These are the key items:

• Your valid green card (Form I-551): always carry it when traveling internationally as a lawful permanent resident. It is your primary proof of status at the port of entry.
• Reentry Permit (Form I-131): if you need to be outside the U.S. for more than 6 months but less than 2 years, a reentry permit allows you to return without automatically losing your green card. Note: this does not preserve continuous residence for naturalization purposes, it only protects your residency status.
• Supporting documentation for your N-400 interview: USCIS officers may ask you to explain every trip in your travel history. Keep clear records of dates, destinations, purpose of travel, airline tickets, and any work, medical, or family justification for the absence.

How USCIS Reviews Your Travel History

When a USCIS officer adjudicates your N-400, one of the first things they examine is your full travel history, not just recent trips, but every international departure and return during the entire 5-year residency period.

Officers use two primary sources: your I-94 arrival and departure records (maintained by CBP and accessible at i94.cbp.dhs.gov) and the travel history section of your N-400 itself. The information must match exactly. Discrepancies, even innocent ones, can trigger a Request for Evidence or delay your interview.

USCIS counts two separate metrics: continuous residence (whether you had any single absence of 6+ months) and physical presence (whether the total days outside the U.S. left you above the legal minimum). A trip can satisfy one count but still fail the other.

Accuracy in the N-400 is critical. Providing false information, even omitting a short trip, is considered perjury and can result in permanent inadmissibility. If you’re unsure about any travel dates, verify them through your I-94 records and understand what happens to your green card if citizenship is denied before you sign anything.

What if You Already Have Your Naturalization Certificate?

If you’ve already attended your oath ceremony and received your Certificate of Naturalization, you are a U.S. citizen, the travel restrictions that apply during the N-400 process no longer apply to you. You can travel freely with your naturalization certificate as identity documentation while you apply for a U.S. passport, which we recommend requesting as soon as possible after your ceremony.

Talk to Your Immigration Lawyer Before Booking the Trip

Certain situations require a conversation with an attorney before any travel decision, not after. These include trips longer than 3 months, travel to countries with U.S. OFAC sanctions, any trip scheduled close to a pending USCIS appointment, and situations where you’re already near the minimum physical presence days.

We also strongly recommend a case review if you have any past absences over 6 months, recent gaps in your I-94 records, or if your USCIS case status shows a notice pending. What looks like a routine trip can have consequences that are hard to undo once the N-400 is in adjudication.

Understanding how long naturalization takes also helps you plan travel windows that don’t overlap with critical processing stages.

If you have an active N-400 and need to travel, reach out before you book. We can review your case and help you decide with real information, not guesses. Our team at the Houston naturalization lawyer office is here to help you protect your application every step of the way.

Frequently Asked Questions about Traveling During Naturalization

How many days can I be outside the U.S. while my N-400 is pending?

You must have been physically present in the U.S. for at least 913 days (about 30 months) out of the 5 years before filing your N-400, or at least 548 days (about 18 months) if you’re married to a U.S. citizen. Days you spend abroad reduce your physical presence count. You also cannot have a single absence of 6 months or more, as that creates a presumption of broken continuous residence.

Does USCIS check my travel history when reviewing my N-400?

Yes. USCIS officers review your complete travel history as part of the N-400 adjudication. They cross-check your declared travel dates against CBP I-94 arrival and departure records. Any discrepancy, even a minor one, can trigger a Request for Evidence or delay your interview. This is why accurate record-keeping for every international trip matters from the day you receive your green card.

Can I travel with my naturalization certificate before I get my U.S. passport?

Once you’ve completed your oath ceremony and received your Certificate of Naturalization, you are a U.S. citizen and the restrictions that apply during the N-400 process no longer apply. You can use your naturalization certificate as proof of citizenship while you apply for a U.S. passport, which typically takes 6 to 8 weeks under standard processing. We recommend applying for your passport immediately after your ceremony rather than waiting.

Can I reschedule my citizenship interview if I need to travel?

Yes, USCIS allows you to reschedule a naturalization interview once. You can submit a rescheduling request online through your USCIS online account or by contacting the USCIS Contact Center. However, rescheduling typically adds several months to your processing time. If travel can be adjusted to avoid missing your original interview date, that is almost always the better option for keeping your case on track.

What is the difference between continuous residence and physical presence for naturalization?

Continuous residence means you have not had a single absence of 6 months or more that would suggest you abandoned your U.S. residence. Physical presence is a separate count: the total number of days you were actually inside the U.S. during the statutory period. You must satisfy both requirements independently. A series of short trips can satisfy the continuous residence rule but still fail the physical presence count if the total days abroad are too many.

DHS Secretary Alejandro Mayorkas announced on November 10, 2022 the re-designation and extension of the TPS for Haiti. Those who meet the eligibility requirements can still apply for the Temporary Protected Status.

The following article explains who can apply for TPS for Haiti under this designation and what to do if you are not eligible. This guide was written by the legal experts from the Law Office of Shelle-Ann Simon, but it does not constitute legal advice. If you need legal counsel or representation, do not hesitate to contact us to schedule an appointment to discuss your case.

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What is TPS?

TPS or Temporary Protected Status is an immigration benefit that allows individuals of certain nationalities to live and work in the United States. Specifically, once you get TPS, you:

• Are no longer removable from the US
• Can obtain work authorization (EAD)
• Can apply for travel authorization

Who can apply for TPS?

The Secretary of Homeland Security – in this case, Alejandro Mayorkas – may designate the citizens of a country for TPS if there are circumstances that make it unsafe for them to return home (wars, natural disasters, severe economic crisis, etc). Once a country is designated for TPS, eligible citizens (or individuals without nationality who last resided in said country) who meet the eligibility criteria may file for TPS.

Why was Haiti designated for TPS?

Recent events in Haiti have made it very difficult for Haitians abroad to return home. Haiti is experiencing several crises at once: from political instability to climate disasters and economic recession, more and more Haitians are desperate to leave the island or delay their return home until conditions improve.

TPS eligibility requirements

• You are a national of the designated country/a person without nationality who last resided in that country
• You have been continuously physically present in the US since the date of the designation (if there were multiple designations, this applies to the latest one) and have been continuously residing in the US.

TPS for Haiti

The most recent TPS designation for Haiti was announced on August 3, 2021. The country has been re-designated for another 18 months last November, meaning beneficiaries will get TPS until February 2023. Eligible Haitians can still apply for TPS if they meet the eligibility requirements. Below we leave the relevant dates for those looking to apply.

Additionally, Haitians who received TPS under the 2011 designation and are covered by the Ramos Injunction can register for TPS under the 2021 designation.
Political instability, economic crisis and climate disasters are preventing Haitians abroad from returning home.

Important Dates for TPS Eligibility (Haiti only)

The following dates apply only for those filing for TPS for Haiti under the 2021 designation.

• Continuous Residence in the United States (CR requisite): since July 29, 2021
• Continuous Physical Presence in the United States (CPP requisite): since August 3, 2021

If you are eligible for TPS for Haiti, you can still register until February 2023. Do not hesitate to file your application if you meet the criteria, as TPS, unlike asylum, does not require that you prove that you cannot return home.

Other Options

If you are Haitian but are not eligible for TPS, there are still other options you can pursue to lawfully stay in the United States:

• If you have a close relative or spouse who is a US resident or legal permanent resident, you may apply for a family-based Green Card
• You can apply for asylum and present your case before the immigration court
• If you were the victim of a crime, you can apply for a U Visa

Before applying for any immigration benefit, you should take a moment to explore your options and make an informed decision. Most immigration cases require the legal assistance of an experienced immigration attorney; they can help you navigate the system, prepare your paperwork and gather reliable evidence when required.
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The VAWA waiver of inadmissibility helps immigrant survivors of abuse overcome certain bars to a green card. When abuse pushed you into circumstances that would normally block your case, the law lets you connect that harm to the specific ground of inadmissibility and ask USCIS to forgive it.

What makes this path different is that hardship to you, the survivor, can be the basis for relief, not only hardship to a relative. You do not need the abuser’s cooperation, and in many cases you can stay in the United States while your case is decided. For guidance tailored to your situation, you can talk to a VAWA immigration attorney.

Below we explain who qualifies, the difference between a waiver and an exemption, each ground a VAWA self-petitioner can overcome, the grounds that cannot be waived, and the separate battered spouse waiver.

What is a VAWA waiver of inadmissibility and who qualifies

A VAWA waiver of inadmissibility is a discretionary decision that lets USCIS forgive certain grounds under INA section 212(a) when there is a documented connection between the battery or extreme cruelty you suffered and the act that triggered the bar.

It is available to VAWA self-petitioners, the abused spouse, child, or parent of a U.S. citizen or lawful permanent resident who files Form I-360. Before reaching the waiver, you must meet the underlying requirements of the self-petition. We cover those in detail in our guide on who qualifies for VAWA.

The waiver provisions exist because many abusers use immigration status to control their victims. The goal is to separate the abuse from the conduct it caused, so you can pursue safety and lawful status without depending on the person who harmed you.

VAWA waivers vs exemptions

The words sound similar but work differently. With a waiver, you ask USCIS to make an exception because special circumstances justify it, and the agency uses discretion to grant or deny it.

An exemption is written into the law itself. If you meet the criteria, the requirement simply does not apply to you, with no discretionary decision needed. VAWA self-petitioners benefit from both, depending on the ground involved.

Grounds of inadmissibility a VAWA self-petitioner can overcome

VAWA self-petitioners can adjust status even if they entered without inspection, worked without authorization, or stayed without lawful status, as long as the abuse connection is shown. The table summarizes how each ground is handled, and the sections below explain them.

If columns extend beyond the view, swipe the table horizontally or focus it and use the arrow keys.

Ground	Relief	What you must show
Public charge	Exemption	Nothing extra, VAWA applicants are exempt and need no Affidavit of Support
Unlawful presence	Exemption	Connection between the abuse and the overstay
Removal or deportation	Waiver	Connection between the abuse and the prior removal
Visa fraud or misrepresentation	Waiver (Form I-601)	Extreme hardship to you or a qualifying relative
Criminal grounds	Waiver (INA 212(h))	Good moral character, often without proving extreme hardship

Public charge exemption

Most green card applicants must prove they are unlikely to become a public charge, a financial burden on the government. VAWA applicants do not have to make that showing, and they do not need an Affidavit of Support signed by a third party.

Unlawful presence exemption

Unlawful presence builds up when someone stays without lawful status for more than 180 days, which can trigger a three-year or ten-year bar. VAWA applicants are exempt from accruing unlawful presence when they can show a connection between the abuse and the overstay.

Most self-petitioners adjust status inside the country and never face this issue. If you are outside the United States, you can still claim the exemption during consular processing, and it is worth having your case reviewed first.

Waiver after removal or deportation

People who left after a removal or deportation order usually become inadmissible for years. A VAWA self-petitioner can apply for a waiver of this bar by showing that the removal was connected to the abuse they endured.

Waiver for visa fraud or misrepresentation

Someone who obtained an immigration benefit through fraud or misrepresentation can be found inadmissible. A VAWA self-petitioner can request a waiver, filed on Form I-601, by showing extreme hardship to themselves or a qualifying parent or child.

Waiver for criminal grounds

A self-petitioner with a criminal history that would otherwise bar them may apply for a waiver under INA section 212(h), usually by showing good moral character and that the conduct was tied to the abuse.

For VAWA applicants, extreme hardship often does not need to be proven, and that is also true when the conduct happened at least 15 years ago. This waiver does not cover every crime, so a careful review of your record matters.

What grounds cannot be waived

Some bars cannot be forgiven, even for survivors, so it helps to know them before you file:

• A false claim to U.S. citizenship made on or after September 30, 1996 cannot be waived through the fraud waiver.
• An aggravated felony conviction on or after November 29, 1990 is a permanent bar to good moral character, which VAWA eligibility requires.
• Most drug trafficking and controlled substance offenses, beyond a single offense of simple possession of 30 grams or less of marijuana, fall outside the criminal waiver.
• Security and terrorism related grounds are not waivable.

If any of these may apply to your record, review it with counsel before filing, because how the issue is characterized can change the outcome.

The VAWA battered spouse and battered child waiver

This is a separate waiver from the inadmissibility waivers above. It is for survivors who already hold a conditional green card obtained through a U.S. citizen or permanent resident spouse.

Normally, a conditional resident must file a joint Form I-751 with their spouse to remove the conditions within the 90 days before the two-year card expires. An abusive spouse may refuse to sign, using it as another form of control. The battered spouse waiver lets the survivor remove the conditions without the abuser’s cooperation, without waiting in an unsafe situation.

The battered child waiver works the same way for children who received conditional residence. They can file on their own or be included as a derivative in the parent’s case. To qualify, you must show the marriage was entered in good faith and that you or your child suffered battery or extreme cruelty.

How to request a VAWA waiver in practice

The process usually starts with the Form I-360 self-petition to establish eligibility as a battered spouse, child, or parent. Once it is approved, you can pursue adjustment of status, and any inadmissibility waiver is filed alongside it, often on Form I-601.

For the steps, timeline, and whether the interview may be waived, see our guide on the VAWA green card and adjustment of status. The key to any waiver is documenting the link between the abuse and the ground at issue.

That evidence usually includes your personal declaration, police or court records, protective orders, medical reports, and affidavits. We break down what to gather in our VAWA evidence checklist. As of 2026, VAWA remains a permanent part of federal immigration law, and these protections continue to apply.

Every case turns on its own facts, and the connection between the abuse and the ground is what carries the most weight.

If you are unsure which waiver fits your situation or worry about a past issue, our attorneys can review your record, explain your options, and help you build a case that protects both your status and your safety.

Frequently asked questions about VAWA waivers of inadmissibility

What is the difference between a VAWA waiver and an exemption?

A waiver is a discretionary decision where USCIS agrees to forgive a requirement because special circumstances justify it. An exemption is built into the law, so if you meet the criteria the requirement simply does not apply to you and no discretionary decision is needed. VAWA self-petitioners benefit from both. For example, the public charge ground is an exemption, while a criminal ground generally requires a waiver.

Which grounds of inadmissibility cannot be waived for VAWA self-petitioners?

A few bars cannot be forgiven. A false claim to U.S. citizenship made on or after September 30, 1996 cannot be waived through the fraud waiver. An aggravated felony conviction on or after November 29, 1990 is a permanent bar to good moral character, which VAWA requires. Most drug trafficking offenses and security or terrorism grounds also fall outside the available waivers. If any of these might touch your record, review it with counsel before filing.

Can someone with unlawful presence still adjust status through VAWA?

Yes. In many VAWA cases you can adjust status inside the country even if you entered without inspection or built up unlawful presence, as long as you show a connection between the abuse and the immigration violation. VAWA applicants are also exempt from accruing unlawful presence when that link is established. Each case depends on its facts, so it is worth having yours reviewed.

Do VAWA self-petitioners have to prove extreme hardship for a criminal waiver?

Often not. Under INA section 212(h), VAWA self-petitioners can seek a waiver for certain criminal grounds without having to prove extreme hardship, and that is also the case when the conduct happened at least 15 years ago. The waiver still does not cover every offense, such as most drug trafficking, so the specific conviction matters and should be reviewed carefully.

Is VAWA still active in 2026?

Yes. The Violence Against Women Act is a permanent part of federal immigration law, and as of 2026 its self-petition and waiver protections continue to apply. The relief lets eligible survivors of abuse by a U.S. citizen or lawful permanent resident seek lawful status independently, without the abuser’s involvement.

The Biden Administration is making efforts to facilitate access to immigration benefits for eligible Cubans

The Biden Administration is implementing a series of immigration policy changes to deal with the recent spike in Cuban migration at the border. Between restarting consular operations in the US Embassy in La Havana after its virtual shutdown during the Trump Administration due to the so-called “Havana Syndrome” and resuming the Cuban Family Reunification Parole Program that was suspended in 2017, Cuban immigrants now have better options to enter the United States legally.

The following article is a rundown of immigration options for Cuban nationals and a quick summary of Cuban immigration policy in the United States.

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Why do Cuban immigrants get special treatment?

Bilateral relations between the United States and Cuba have been strained for more than half a decade, ever since the Cuban Revolution overthrew the US-backed military dictatorship that ruled the island and established a communist regime.

The US has historically imposed economic and diplomatic sanctions on Cuba while simultaneously fostering special immigration policies for Cubans who wished to emigrate to the United States. Eligible Cuban nationals can acquire Legal Permanent Resident Status after only one year in the United States.

US Army Boat in Guantanamo Bay, Cuba.

Why is Cuban Immigration Policy changing?

US-Cuba relations improved during the Obama Administration, as the former president and Cuba’s Raul Castro strived to restore diplomatic ties and make travel and trade policies more flexible. However, the Trump Administration reversed most of the changes made during the Obama Era, thus setting bilateral relations back. The US Embassy in Havana saw its operations greatly diminished as a result of several factors as well.

The Biden Administration has publicly expressed concern over the rising numbers of Cuban immigrants who are crossing the border to claim asylum. The US government is also trying to improve bilateral relations with Cuba, and the island has proved open to negotiations so far.

Cuban Immigration policy in 2022

The following changes were made by the Biden Administration to provide an easier immigration pathway for eligible Cuban nationals and discourage illegal migration.

• Resuming Consular Activities in Havana: the US embassy in Havana is now scheduling consular interviews for Cuban nationals who are eligible for immigrant visas; they no longer have to travel to a third country to complete the process.
• Restarting the Cuban Family Reunification Parole Program: the program grants parole to eligible Cuban nationals with US citizen relatives and LPRS. Parolees can enter the country legally and request work authorization while they wait for an immigrant visa to be available.

Other Immigration Options for Cubans

Cubans who wish to migrate to the United States have several options to enter the country legally and obtain legal status.

Immediate relatives of US citizens (spouses, parents and unmarried children) can apply for immigrant visas without having to wait in line for a visa number to become available.

The Cuban Adjustment Act allows cubans to apply for a Green Card after just one year of continued physical presence in the United States if they are admissible in the country and were lawfully admitted or paroled; those who are deemed ineligible may apply for a waiver with the help of an attorney.

Cubans can also apply for asylum in the United States if they escaped the island because of persecution or human rights violations. Most Cubans claiming asylum are allowed to stay in the country while they wait for their cases to move forward. Deportations were highly unlikely until recently, as Cuba did not accept deportation flights from the US. This may change now that Cuba has agreed to accept deportation flights for the first time since 2020 as part of the deal with the US to expand immigration policy. Cubans applying for asylum or those with irregular immigration status should take this into account when pursuing their cases in court.

You can now enter the diversity visa lottery for a chance to get a green card for the fiscal year 2024

The diversity visa program allows foreign individuals to apply for permanent resident status in the United States. About 55,000 diversity visas are granted each year to foreign nationals who come from countries with historically low rates of immigration. The program aims to foster diversity and inclusion in the United States.

Diversity Visa Registration Period

The register is already open for the 2024 Green Card Lottery. From October 5 until November 8, foreign individuals may submit their application using the form available at the US Department of State’s website.

Is the Diversity Visa Program Free?

Yes, you may submit your application for free. However, you will have to pay certain fees if you are selected, which cover the costs of the necessary paperwork to process your Green Card (about $1200).

Which countries are eligible for the 2024 Green Card Lottery?

The list of countries which are not eligible for the Diversity Visa Program changes from year to year. If more than 50,000 natives of a country emigrated to the US in the last five years, that country will not be considered for the DV Program.

You can register for the DV Lottery for the chance to win a Green Card

The following countries and areas are not eligible to apply for the DV 2024:

• Bangladesh
• Brazil
•  Canada
• China (including Hong Kong)
• Colombia
• Dominican Republic
• El Salvador
• Haiti
• Honduras
• India
• Jamaica
• Mexico
• Nigeria
• Pakistan
• Philippines
• South Korea
• United Kingdom (with the exception of Northern Ireland) and its dependent territories
• Venezuela
• Vietnam

Notable exceptions

You may still apply for the DV program if you were born in a country that is not eligible but can claim a different nationality through one of your parents. For example, a person born in Brazil to an Argentine parent may claim the Argentine citizenship and become eligible that way.

If you are married to someone with an eligible nationality, that person can enter the visa lottery and include you in their application, even if you cannot file an application yourself.

What are the qualifying criteria for the DV 2024?

You must meet an educational or work requirement. For the educational requirement, you must have completed high school or your country’s equivalent. For the work requirement you must prove at least two years of work experience during the last five years in any field or occupation that requires at least two years of training or experience.

Can I include my family in my DV 2024 application?

You can include your spouse and any children you may have if they are under the age of 21 and unmarried. If you are selected for the program, they will also be granted a Green Card.

What happens if I win the Green Card Lottery?

If you are selected, you will be informed via email. The corresponding government agency will walk you through the process and ensure you meet all the requirements for your consular interview. Do note that the consular officer can still decide to deny you the visa if they believe you do not meet the criteria.
Even though you are signing up for the visa lottery in 2022, the visa will be granted to the selected individuals who comply with the established requirements in 2024.

What should I do once I am selected?

If you are one of the lucky 55,000 chosen participants, the Department of State recommends that you complete the DS-260 Immigrant Visa Electronic Application (an online procedure) as soon as possible to schedule your interview at your local US Consulate.

Do I need a lawyer for the DV 2024?

No, you don’t need a lawyer to apply for the diversity visa or to complete the application. However, you can schedule a consultation with an immigration lawyer if you would like to clear up doubts about the immigration process or if you are having trouble understanding your paperwork.
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