The Cuban Adjustment Act (CAA) provides a unique pathway for Cuban nationals and their families to obtain U.S. permanent residency, also known as a green card. If you’ve been searching for a straightforward, legal way to secure your status in the United States, the Cuban Adjustment Act might be the solution you’ve been hoping for. This guide explains everything you need to know about the CAA, its benefits, and how to apply. With the right preparation, you can confidently navigate this process.
Cuban Adjustment Act, Explained
The Cuban Adjustment Act was enacted in 1966 to provide a streamlined immigration process for Cuban nationals fleeing political and economic hardships. Under this law, Cubans who have been in the U.S. for at least one year can adjust status to become lawful permanent residents.
The Cuban adjustment process bypasses many of the hurdles faced by immigrants from other countries, making it an appealing option for those who qualify. Although the law is now over 50 years old, Cuban nationals and their dependents may use CAA to obtain a green card.
Eligibility to Apply for a Green Card through Cuban Adjustment
To apply for permanent residence (green card) under the Cuban Adjustment Act, you must meet specific eligibility requirements.
Basic Criteria for Principal Applicants:
Eligibility under the Cuban Adjustment Act depends on meeting specific criteria, including nationality, U.S. residency, and lawful admission or parole. Here's what you need to qualify.
- Proof of Cuban Nationality
You must provide evidence that you are a native or citizen of Cuba. Acceptable documents include a Cuban passport or birth certificate. - Lawful Admission or Parole
You must have been admitted or paroled into the U.S. before filing for adjustment of status. You must have an I-94 Arrival/Departure Record to evidence this status. Even if your most recent physical entry was without inspection (no visa or immigration papers), you must obtain parole in order to apply for a green card. - One Year of Residency in the U.S.
You must have been physically present in the United States for at least one year before applying. Time spent on parole or under certain immigration statuses may count toward this requirement.
Additionally, applicants will need to be admissible to the U.S. or have a waiver of inadmissibility. However, some grounds of inadmissiblity, such as public charge, do not apply to Cuban adjustment applicants.
Eligibility for Family Members:
Spouses and children of eligible Cuban nationals may also qualify, even if they are not Cuban nationals themselves. However, they must meet similar admission and residency requirements.
Benefits of Applying Through CAA
The Cuban Adjustment Act offers several advantages:
- Avoid Consular Processing: Unlike most immigrants, Cuban nationals can apply for a green card from within the U.S. without returning to their home country for a visa interview.
- Faster Path to Residency: The process is quicker compared to other immigration pathways.
- Legal Protections: The Act provides a level of security for applicants, reducing the risk of deportation during the application process.
- No Public Charge Test: Cuban adjustment applicants are not subject to the public charge test. This makes it easy to obtain a green card if your household has limited financial resources.
Learn more about green cards for Cuban Natives or Citizens on the USCIS website.
Step-by-Step Application Process for Cuban Adjustment
Here’s how to successfully apply for a green card under the Cuban Adjustment Act:
Confirm Your Eligibility
Ensure you meet all eligibility criteria, including proof of Cuban nationality, lawful admission, and one year of residency in the U.S. You can review the CAA eligibility criteria above or use CitizenPath to prepare your application. Our online service will help you confirm your eligibility for Cuban adjustment. Select our Adjustment of Status Package.
Prepare Form I-485
Complete Form I-485, Application to Register Permanent Residence or Adjust Status. This is the "green card application" that enables certain applicants to apply for permanent residence from inside the United States. CitizenPath's service makes it easy to fill out this form so that it is ready for you to print and sign.
Gather Required Documentation
When filing your application, you'll need to submit several documents to support the information on Form I-485. Depending on your situation, you may need to provide:
- Proof of Cuban nationality (passport, birth certificate);
- Birth certificate;
- Evidence of lawful admission or parole (I-94 Arrival/Departure Record);
- Proof of one year of residency in the U.S. (utility bills, leases, employment records);
- Copy of your passport biographic page;
- Form I-693, Report of Medical Examination and Vaccination Record;
- Passport-style photos (2); and
- Additional documents for family members (marriage certificates, birth certificates).
This list can vary based on your status as a principal applicant, derivative and other factors. CitizenPath's service will provide you with an easy-to-use checklist of documents that is customized to your situation.
File the Application with USCIS
You'll need to file the adjustment of status application package with U.S. Citizenship and Immigration Services (USCIS) by mail. Be sure to make a copy of your entire application package before mailing. Then, use a service that allows you to track the status of your package so that you can confirm delivery.
Attend Biometrics and Interview Appointments
USCIS will notify you of a biometrics appointment where they will collect your fingerprints, photo, and signature. Generally a few months later, you'll have an adjustment of status interview. During the interview, USCIS officers may ask about your eligibility and supporting documents. Be truthful and well-prepared.
Common Challenges (And How to Overcome Them)
While the Cuban Adjustment Act simplifies the path to a green card, applicants may face challenges like missing documents, proving residency, or delays. Here’s how to avoid these problems.
Missing or Incorrect Documents
Ensure your forms are accurate and complete. Use tools like CitizenPath to avoid costly mistakes. Preparing a thorough application package is one of the surest ways to avoid costly Requests for Evidence and facilitate a smooth application process.
Proving One Year of Residency
Gather a variety of records to show consistent presence in the U.S., such as pay stubs, school records, or medical bills. There is no official list of supporting documents. You do need to use a variety of evidence to demonstrate that you've lived in the U.S. for at least one year.
Timelines and Delays
Stay patient and follow up with USCIS as needed. Delays can occur, but keeping your application organized can help avoid unnecessary setbacks to stay within a normal Form I-485 processing time frame.
The Cuban Adjustment Act provides a valuable opportunity for Cuban nationals and their families to secure a green card and build a stable future in the United States. With its simplified requirements and faster timelines, the CAA is an excellent choice for eligible immigrants. By following the steps outlined in this guide, you can confidently take control of your immigration journey.
How CitizenPath Can Help You
Navigating the U.S. immigration system can feel overwhelming, but you don’t have to do it alone. CitizenPath simplifies the process with step-by-step guidance tailored to your situation. Our online tools ensure your forms are completed accurately and help you avoid unnecessary delays or denials.
CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application or petition. We provide support for the Adjustment of Status Package (Form I-485), Employment Authorization Package (Form I-765), and several other immigration services.
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