How can I re enter the US under the Cuban law? 2 Answers as of July 17, 2013

I was deported from NY on August 2010, I stayed in the US two more days than allowed, with a Canadian passport, I also admitted working over there. I was given 5 years. I left voluntarily. I would like to reenter and apply to the Cuban law (ajuste cubano), my father was Cuban and I am eligible. How could I enter the US or do I have to wait 4 more years? Once I enter, can I apply to the Cuban law... Thanks and God bless you!

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Under your circumstances, I would hire a lawyer to examine my entire case and go from there. I don't know what to tell you as I don't understand if you were deported or if you left voluntarily. I am leaning towards voluntary departure since you mentioned 5 years. However, if it turns out that you were automatically deported after you violated the terms of your voluntary departure, then you will have to wait another 4 years before re-applying for admission. I am not sure that there are exceptions to the 10-year bar based on the Cuban Adjustment Act (CAA). In fact, I think you might be out of luck. I would recommend you try and find someone who does a lot of work in that area (CAA) to see if there are exceptions to the 10-year bar based upon that. Good luck!
Answer Applies to: California
Replied: 7/17/2013
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
You will have to wait and or apply for a waiver to come back. Otherwise, you will be deported for 20 years next time. For such waivers, you will need an experienced attorney.
Answer Applies to: Nevada
Replied: 7/21/2011
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