The requests must be approved by the U.S. State Department. In their refusal to sign the pledge, Elian's U.S. relatives want to preserve their option to keep up the legal fight even if they lose their case in federal court. They also want a family court, which considers a child's best interests, to hear the case. The next scheduled hearing in the case is May 8 before the 11th U.S. Circuit Court of Appeals in Atlanta. Despite their resistance to the federal government's wishes, the Miami relatives have said they will obey the law and surrender the boy if immigration agents show up at their door and demand him.
Federal officials hope to avoid that.
Originally, Castro said applications would be filed for 31 visas, but three members of the medical team later were dropped from the list. Roger Bernstein , an attorney representing the Miami relatives, repeated the invitation on Monday. For four months now, Juan Gonzalez has been fighting to have his son returned to Cuba, but the boy's Miami relatives, backed by the powerful Cuban exile community in Florida, have waged a fierce legal battle to let Elian grow up in the United States. They have cared for the boy since he was rescued November 25 off Florida after a shipwreck killed his mother and 10 other Cubans attempting to reach the United States. Elian was one of three survivors.