The Cuban Adjustment Act (CAA) of 1966 is a pivotal piece of legislation that provides a pathway for Cuban natives or citizens residing in the United States to become lawful permanent residents (Green Card holders). This law recognizes the unique historical and political circumstances of Cubans and offers them a streamlined process to achieve permanent residency, provided they meet specific eligibility requirements. Below, we break down the key aspects of this law and what it takes to qualify for adjustment of status under the CAA.
Eligibility for Adjustment of Status
To apply for a Green Card under the CAA, applicants must satisfy the following requirements:
- Properly File Form I-485 – Submit Form I-485, Application to Register Permanent Residence or Adjust Status, to U.S. Citizenship and Immigration Services (USCIS).
- Be a Native or Citizen of Cuba – Applicants must demonstrate that they are either a native or a citizen of Cuba.
- Inspected and Admitted or Paroled After Jan. 1, 1959 – Applicants must have been inspected and admitted or paroled into the U.S. after January 1, 1959, by immigration authorities.
- Physical Presence in the U.S. for At Least One Year – At the time of filing Form I-485, applicants must have been physically present in the United States for at least one year.
- Physically Present at the Time of Filing – Applicants must be in the U.S. when submitting Form I-485.
- Admissible or Eligible for Waivers – Applicants must be admissible to the U.S. or qualify for waivers or other forms of relief if they have grounds for inadmissibility.
- Merit Favorable Discretion by USCIS – USCIS must determine that the applicant merits approval based on their discretion.
Proving Cuban Citizenship or Native Status
If you were born in Cuba, the following documents can serve as proof of your Cuban nationality:
- An expired or valid Cuban passport listing Cuba as your birthplace; or
- A Cuban birth certificate issued by an official Cuban civil registry.
If you are a Cuban citizen born outside of Cuba, you can provide:
- A valid Cuban passport;
- A Nationality Certificate; or
- A Citizenship Letter.
Requirement: Inspected and Admitted or Paroled After Jan. 1, 1959
To qualify under the CAA, you must have entered the United States after inspection and admission or parole by an immigration officer after January 1, 1959. Evidence to support this includes:
- A passport with the appropriate entry stamps.
- Form I-94, Arrival/Departure Record.
If you were paroled and have been physically present in the U.S. for at least one year, you may immediately apply for adjustment of status. The required one-year period does not need to follow the parole event.
For assistance with your Cuban Adjustment Act application or other immigration needs, contact Berardi Immigration Law. Our experienced team is here to guide you through the process with expert advice and support. Reach out today!
Disclosure: This document is for informational purposes only and does not constitute legal advice. Immigration laws and regulations are subject to change, and individual cases may vary. For personalized guidance and assistance with your immigration needs, consult a qualified immigration attorney.
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