Immigration laws in conflict

[verneallen]

What is the name of your state? Iowa

A Cuban recently achieved permanent residence status. Prior to receiving this status, he married a foreign national in the USA. The foreign national has overstayed her B-2 visa by about 3 months now. She has 2 minor children with her from a previous marriage. She has the divorce decree. She is also now pregnant. The Cuban Adjustment Act seems to allow the Cuban to sponsor her for residence and she won't have to leave the USA. Howevere, under the IIRIRA act, she needs to leave the USA soon to only be banned for 3 years from re-entering the USA. If she stays to have her child, she will pass the 180 day limit and then be banned for a period of 10 years. Which law/act takes precedent in this case, the Cuban Adjustment Act or the IIRIRA?. Please help.

 

[evcalyptos]

What is the name of your state? Iowa

A Cuban recently achieved permanent residence status. Prior to receiving this status, he married a foreign national in the USA. The foreign national has overstayed her B-2 visa by about 3 months now. She has 2 minor children with her from a previous marriage. She has the divorce decree. She is also now pregnant. The Cuban Adjustment Act seems to allow the Cuban to sponsor her for residence and she won't have to leave the USA. Howevere, under the IIRIRA act, she needs to leave the USA soon to only be banned for 3 years from re-entering the USA. If she stays to have her child, she will pass the 180 day limit and then be banned for a period of 10 years. Which law/act takes precedent in this case, the Cuban Adjustment Act or the IIRIRA?. Please help.

As an LPR, the husband would normally not get an immediate visa number for his foreign wife, meaning she would have to maintain her own status while waiting for a number. This is currently running 4-5 years, so a B visa would not do her any good.
Why did she not get a green card with him if they were married before his PR status?

 

[verneallen]

immiration law conflict

Cuban met the foreign female after he was already in USA. He was given a SS# and work permit and temp residence. The female on a B-2 visa didn't renew or extend her visa for unknown reasons. Perhaps she couldn't prove how she was paying living expenses. Just found out that she is now pregnant with child of Cuban LPR. I think that she should apply and have child in the USA but am unsure what to tell them to do.

 

[evcalyptos]

Cuban met the foreign female after he was already in USA. He was given a SS# and work permit and temp residence. The female on a B-2 visa didn't renew or extend her visa for unknown reasons. Perhaps she couldn't prove how she was paying living expenses. Just found out that she is now pregnant with child of Cuban LPR. I think that she should apply and have child in the USA but am unsure what to tell them to do.

I disagree and think you should get these folks to a lawyer or somewhere like Catholic Charities for some professional help.
Example: what is 'temp residence'? If he was married BEFORE he got his PR status, she "should" be entitled to a GC now. If they married after he got PR status, she can't get status thru him for 4-5 years, and being pregnant doesn't matter. She needs to leave the US before she incurs a 10 year ban on her re-entry.

This isn't just a case of 'try' the paperwork. There are serious consequences for each action, and you really shouldn't direct this couple unless you know what the potential outcomes are.