Cuban Adjustment Act (Residency/Green Card)

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    The Cuban Adjustment Act (CAA) is a U.S. immigration law that provides Cuban nationals with a special pathway to lawful permanent residency (green card) in the United States. Unlike other immigrants who must go through traditional family- or employment-based visa categories, Cuban nationals can apply for a green card after just one year of physical presence in the U.S., provided they meet certain conditions.

    What Is a Green Card?

    A green card grants lawful permanent resident (LPR) status, allowing a foreign national to live and work in the U.S. indefinitely. Green card holders can apply for U.S. citizenship after meeting residency requirements.

    The Cuban Adjustment Act (CAA) Explained

    What Is the Cuban Adjustment Act?

    The Cuban Adjustment Act of 1966 allows Cuban nationals, their spouses, and children to apply for a green card if they have been physically present in the U.S. for at least one year. This law was enacted due to the political and economic situation in Cuba and provides Cubans with a faster and simpler path to residency compared to other immigrants.

    Eligibility Requirements for the Cuban Adjustment Act

    To apply for residency under the CAA, applicants must:

    • Be a Cuban national or citizen
    • Have been inspected and admitted or paroled into the U.S.
    • Have lived in the U.S. for at least one year
    • Be admissible under U.S. immigration laws

    Spouses & Children

    • The spouse and minor children of a Cuban national may also apply for a green card under the CAA, even if they are not Cuban themselves.
    • However, the Cuban spouse or parent must have already obtained their green card before their family members apply.

    The Green Card Process Under the Cuban Adjustment Act

    Step 1: Enter the U.S. Lawfully

    • Applicants must enter the U.S. through legal admission or parole (such as through a visa or on a humanitarian parole).
    • Unauthorized entry does not qualify.

    Step 2: Wait for One Year

    • The applicant must remain physically present in the U.S. for at least 1 year before applying for a green card.

    Step 3: File for Adjustment of Status 

    • After meeting the one-year requirement, applicants file their Application to Register Permanent Residence or Adjust Status) with U.S. Citizenship and Immigration Services (USCIS).
    • Required documents include:
      • Proof of Cuban nationality (passport, birth certificate, etc.)
      • I-94 arrival/departure record
      • Proof of one-year presence in the U.S. 
      • Medical exam results
      • Police clearance letter(s)
      • Filing fee 

    Step 4: Attend a USCIS Interview

    • Some applicants may be required to attend an interview at a USCIS field office.
    • Questions will focus on the applicant’s background, entry into the U.S., and any past immigration violations.

    Step 5: Green Card Approval

    • Once approved, the applicant receives their green card, granting them lawful permanent resident (LPR) status.
    • After five years, they may apply for U.S. citizenship.

    Differences Between Cuban Adjustment & Other Green Card Processes

    Factor Cuban Adjustment Act Regular Family-Based Green Card
    Waiting Time Only 1 year of U.S. presence required Immediate relatives may wait 12-24 months; other categories can take years
    Need for Sponsor No sponsor needed Must be petitioned by a U.S. citizen or green card holder
    Entry Requirement Must be admitted or paroled into the U.S. Varies depending on visa type
    Country-Specific Only for Cuban nationals Open to all nationalities

    The Cuban Adjustment Act is one of the fastest routes to U.S. residency, making it unique compared to other green card categories.

    Pathway to US Residency for Cuban Nationals

    The Cuban Adjustment Act provides a unique and faster pathway to U.S. residency for Cuban nationals. If you meet the requirements, applying through this law can be one of the most straightforward ways to get a green card. However, staying informed about immigration policies and consulting an attorney when needed can help ensure a smooth process.

    FAQs About the Cuban Adjustment Act

    Any Cuban citizen or national who was legally admitted or paroled into the U.S. and has lived in the country for at least one year.

    No, the law requires legal entry through admission or parole.

    It depends on the type of offense. Certain crimes may make you inadmissible, but waivers may be available.

    Yes, but only after the Cuban spouse/parent has obtained their green card.

    Processing times vary, but it generally takes 6-12 months.

    You should apply for Advance Parole before leaving the U.S. Otherwise, your green card application may be abandoned.

    No, unlike most green card applications, the Cuban Adjustment Act does not require a sponsor.

    Possibly. Every case is different, but past denials do not necessarily disqualify you. Consulting an immigration attorney is recommended.

    Yes, after five years of permanent residence, you may apply for naturalization.

    Yes, the CAA remains law as of now, but changes in immigration policy could impact how it is applied.

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