Interim Decision 4t1738 

MATTER OF GUERRERO 

In Adjustment of Status Proceedings 

A-10189810 

Decided by Regional Commissioner May 24, 1967 

Applicant, a native and citizen of Cuba, who last entered the United States on 

August 29, 1958, is ineligible for adjustment of status under section 1 of the 

Act of November 2, 1966, either in his own right or as the spouse of an eligible 

alien under the provisions of the lest sentence of section 1. since he was not 

inspected and admitted or paroled into the United States subsequent to 

January 1, 1959, as required by the provisions of section 1 of the Act. 

This ease is before me on certification from the District Director, 

Miami, Florida, who denied the application for the reason that the 

applicant has not been inspected and admitted or paroled into the 

United States subsequent to January 1, 1959, within the meaning of 

the statute. 

The applicant is a native and citizen of Cuba born Mirch 9, 1942. 

He is married to, and residing in the United States with, a Cuban 

citizen who is eligible for adjustment under the Act. He last entered 

the United States on August 29, 1958, as a nonimmigrant student for 

a period to expire August 29,1959. 

In previous years he had attended school in the United States and 

returned to Cuba each summer. He did not, however, return to Cuba 

during the summer of 1959 as he feared communism. His departure 

was not enforced because of the conditions in Cuba and on September 

21, 1961, he was given refugee status by the formal grant of an indefinite period of time within which to depart voluntarily from the 

United States. There has been no chage in that status. 

Section 1 of the Act of November 2, 1966, provides that the Attorney 

General may, in his discretion and under such regulations as he may 

prescribe, adjust the status to that of an alien lawfully admitted for 

permanent residence of any alien who : 

1. Is a native or citizen of Cuba, and 

2. Bas been inspected and admitted or paroled into the United States subsequent to January 1, 1959, and 

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Interim Decision #1738 

a Has been physically present in the United States for at least two years, if 

the alien 

4. Makes application for such adjustment, and 

5. Is eligible to receive an Immigrant visa, and 

6. Is admissible to the United States for permanent residence. 

When considered on its own merits the application must fail because, while there is no doubt that the applicant is now in the United 

States as a refugee from the current regime in Cuba, the fact is that 

he has not been inspected and admitted or paroled into the United 

States subsequent to January 1, 1959, as is clearly required by the 

language of the Act. 

The last sentence of section 1 of the Act of November 2, 1966 provides that, "The provisions of this Act shall be applicable to the 

spouse and child of any alien described in this subsection, regardless 

of their citizenship and place of birth, who are residing with such 

alien in the United States". We have also considered the eligibility of 

the applicant as the spouse of an alien described in that subsection of 

the Act. We find he is ineligible as a spouse, as the Act does not 

exempt a spouse from any of the provisions of section 1 except for 

the citizenship or nativity requirements. Since he was not inspected 

and admitted or paroled into the United States subsequent to January 

1, 1959, he cannot qualify either in his own right or as a spouse. 

We are completely sympathetic with the applicant's desire to remain 

in the United States with his wife. However, for the reasons set out 

above, we are unable to find him eligible for adjustment of status under 

the Act of November 2, 1966, and must affirm the decision of the 

District Director. 

ORDER: The decision of the District Director, Miami, Florida, is 

affirmed and the application is denied. 

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