AgainstTheMachine
Well-Known Member
No, once they hit US soil they can apply for amnesty, and will generally get it as I understand it. However the problem came because under US law a 6 year old kid could not apply for amnesty over the objections of his father (who was in Cuba). I think a big part of the issue was since his father wanted him back and was the guardian, he could not apply for amnesty under US law.
However; if I am correct there was a law which allows a person to remain if they loose an immediate family member in the attempt to to reach freedom.