Cuban rapper El Funky is facing deportation from the U.S. after his application for permanent residency was denied due to criminal records in Cuba, which organizations claim are politically motivated.
By CiberCuba Editorial Team
Saturday, May 10, 2025 – 16:18
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The U.S. Citizenship and Immigration Services (USCIS) denied the permanent legal residency (Green card) under the Cuban Adjustment Act to Cuban rapper Eliexer Márquez Duany, known as El Funky due to a criminal record in the island.
The immigration agency asserts that it denies residency applications when there are criminal records in the country of origin, regardless of whether the applicant comes from a regime like that of the island, reported journalist Mario J Pentón.
El Funky was denied residency because instead of presenting the criminal background check from the United States, he submitted the one from Cuba, apparently due to a lack of knowledge.
Exiled in the United States since 2021 and a two-time Latin Grammy winner for his participation in the protest anthem “Patria y Vida,” the musician received a denial letter from USCIS on April 30.
The document indicates a sentence of one year and three months imposed in 2017 for “possession and trafficking of illegal drugs,” according to the document accessed by the magazine El Estornudo.
The United States immigration authorities declared him “inadmissible” in the country and notified him that, “if he does not leave the United States within 33 days from the date of this letter, USCIS may issue a notice for him to appear and start deportation proceedings against him in immigration court.”
The artist’s lawyer, Miguel Inda-Romero, assured that he is already working on the appeal of the case: “I am defending Funky! Rest assured, he is not going anywhere!” stated the attorney.
Among the legal avenues available to contest the decision are a motion to Reopen or Reconsider, if new facts or legal errors exist; an appeal to the Administrative Appeals Office (AAO) within 30 days following the notification; judicial review in federal court, after exhausting administrative remedies; or a proceeding before an immigration judge if the case is referred to court.
It assures that the application for forgiveness or “waiver” for inadmissibility (form I-601/I-601A) is also available, a new application under a different legal pathway, such as marriage or job offer, and claims of political persecution.
Organizations such as the Observatory of Cultural Rights (ODC) and Artists at Risk Connection (ARC) have reported that the charges against El Funky in Cuba are politically motivated, and that the Cuban regime uses fabricated common crimes as a tool of repression against activists and dissidents.
From his exile, El Funky has maintained a critical stance toward the Cuban government and has actively advocated for political prisoners on the island.
His eventual deportation, according to human rights defenders, would put him at serious risk of persecution, imprisonment, or retaliation upon returning to Cuba.
The United States Citizenship and Immigration Services (USCIS) denied residency to El Funky due to criminal records in Cuba for “possession and trafficking of illegal drugs.” Although these charges have been claimed to be politically motivated, USCIS deemed these records as valid grounds to declare the applicant inadmissible.
El Funky can appeal USCIS’s decision through a motion to reopen or reconsider his case if there are new facts or legal errors, file an appeal with the Administrative Appeals Office (AAO), or take the case to federal court if all administrative remedies have been exhausted. He may also request a waiver for inadmissibility or seek a new legal avenue such as marriage or a job offer.
Human rights organizations believe that the deportation of El Funky would put him at risk of persecution and retaliation in Cuba. They report that the Cuban regime uses fabricated criminal charges to suppress activists and opponents, and they fear that his return could lead to imprisonment or greater dangers.
The current immigration policy of the U.S., which has tightened the admission criteria under the Cuban Adjustment Act, affects many Cubans who face residency denials due to criminal records in Cuba, even when these are considered politically motivated. This has left many in legal limbo, facing the possibility of deportation and uncertainty about their future in the U.S.
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A team of journalists committed to reporting on Cuban current affairs and topics of global interest. At CiberCuba, we work to deliver truthful news and critical analysis.
A team of journalists committed to reporting on Cuban current affairs and topics of global interest. At CiberCuba, we work to deliver truthful news and critical analysis.
The U.S. denies permanent residency to an applicant with a criminal record in Cuba – CiberCuba
