The Cuban Adjustment Act (CAA) provides a unique and streamlined path for Cuban nationals to obtain lawful permanent residence (a green card) in the United States. Enacted in 1966, the law reflects decades of U.S. immigration policy aimed at supporting individuals fleeing Cuba’s political and economic conditions. At Casais & Prias, we help Cuban nationals and their families take full advantage of this opportunity while avoiding delays or denials.
Who Qualifies Under the Cuban Adjustment Act?
To be eligible under the CAA, an individual must:
– Be a native or citizen of Cuba
– Have been inspected and admitted or paroled into the United States
– Have resided in the U.S. for at least one year after entry
– Be physically present in the U.S. at the time of filing
– Be admissible to the U.S. as a permanent resident (or qualify for a waiver)
Step-by-Step Overview of the Adjustment Process
Step 1: Enter the U.S. Lawfully
The first requirement is lawful entry—either through admission at a U.S. port of entry or by being paroled into the U.S. Many Cubans now arrive via land borders or with humanitarian parole granted upon arrival.
Step 2: Reside in the U.S. for One Year
You must wait at least one year from your date of entry before applying for adjustment. During this time, you can apply for a work permit and begin building your life in the U.S.
Step 3: File Form I-485 (Adjustment of Status)
After one year of physical presence, you may apply for permanent residence using Form I-485. Along with the form, you’ll need to submit proof of Cuban nationality, documentation of your entry, evidence of physical presence, and required medical and biometric documents.
Step 4: Attend Biometrics and Interview
USCIS may require a fingerprinting appointment (biometrics) and, in some cases, a personal interview. You may be asked to provide more documentation or clarify details of your application.
Step 5: Receive Green Card
If approved, you will receive your green card in the mail. The CAA also allows qualifying spouses and children of eligible Cuban nationals to apply for adjustment, even if they are not Cuban themselves, so long as they entered with the principal applicant.
Contact Us to Get Started
If you’re a Cuban national living in the U.S. and want to apply for permanent residence, Casais & Prias can guide you every step of the way. Contact our office to speak with an experienced immigration attorney and find out how we can help you make the Cuban Adjustment Act work for you and your family.
Cuban Immigration FAQs
Do I need to enter the U.S. with a visa to qualify for the Cuban Adjustment Act?
No. You do not need a visa. Lawful entry through admission or parole is sufficient, even if granted at the border.
Can I apply for a green card before one year in the U.S.?
No. You must be physically present in the U.S. for at least one full year before you are eligible to apply for adjustment under the CAA.
What if I entered illegally or was not paroled?
You must have been admitted or paroled to qualify. If you entered without inspection and were not paroled, you may need to explore other options. Casais & Prias can assess whether you qualify for retroactive parole or other relief.
Can my spouse or children apply too?
Yes. Even if they are not Cuban nationals, your spouse and unmarried children under 21 may qualify for adjustment if they entered the U.S. and meet the requirements.
Do I need to prove fear of persecution?
No. The Cuban Adjustment Act is not an asylum process. You are not required to prove persecution or apply for asylum to qualify.
What documents do I need to apply?
You’ll need a valid Cuban passport or birth certificate, evidence of lawful entry (I-94 or parole document), proof of one year of U.S. residence, and completed medical and biometric records.
How long does the process take?
Processing times vary but typically take 8–14 months once the I-485 is filed. Delays can occur if there are errors or missing documentation, which is why working with an attorney is recommended.
