August 1, 2025
Yes, the Cuban Adjustment Act (CAA) of 1966 is still in effect. Though key components have evolved over time—most notably the “wet-foot, dry-foot” policy that ended in 2017—the CAA remains a valid and active pathway for eligible Cuban nationals to pursue lawful permanent residency in the U.S.
Background on the Cuban Adjustment Act
- Enacted in 1966, the CAA was designed to offer a special immigration pathway for Cuban natives and citizens who had been inspected and admitted or paroled into the U.S. on or after January 1, 1959.
- Cubans who met requirements, including being physically present in the U.S. for at least one year, could apply for a green card and enjoy work authorization.
- The aim was both humanitarian and strategic, offering Cubans an escape from Castro’s regime while easing Cold War tensions.
- In the 1990s, the “wet-foot, dry-foot” policy limited eligibility by allowing only those who reached U.S. soil (“dry foot”) to remain, while those intercepted at sea were returned (“wet foot”).
- President Obama officially ended the “wet-foot, dry-foot” policy in January 2017, though the CAA itself remained intact.
- Experts note that the Act cannot be suspended by the President, as it’s codified into statute and tied into the Helms–Burton Act; only Congress could change or repeal it, and only under strict conditions, such as democratic reform in Cuba.
What the Cuban Adjustment Act Means Today
- Cuban nationals who were inspected and admitted or paroled after January 1, 1959, have been physically present in the U.S. for at least one year, and are otherwise admissible, may still apply for adjustment of status under the CAA.
- Applicants can also apply for an Employment Authorization Document (EAD) while the residency application is pending.
- Though the streamlined “wet-foot, dry-foot” advantage is gone, the underlying legislative pathway continues to offer unique relief and opportunity for eligible Cuban residents.
Final Thoughts
The Cuban Adjustment Act of 1966 remains alive and active today, providing a unique legislative pathway for eligible Cuban nationals to pursue permanent residency and work authorization in the U.S. Though the “wet-foot, dry-foot” policy has ended, the heart of the Act, its adjustment-of-status provision, continues to stand. For those looking to understand eligibility, processes, or how to file, the firm is ready to guide you every step of the way.
FAQs About the Cuban Adjustment Act (CAA)
Is the CAA still in effect?
Yes, it remains active and enforceable under U.S. law.
Can the President suspend the CAA?
No, only Congress can amend or repeal it, and only under specific conditions.
What was the “wet-foot, dry-foot” policy?
A 1995 to 2017 policy allowing Cubans who reached U.S. land to stay and pursue residency; ended by Obama in 2017.
Who is eligible under the CAA today?
Cuban citizens inspected and admitted or paroled after Jan 1, 1959, with one year of U.S. physical presence and admissibility, may apply.
Can spouses or children of eligible Cubans apply too?
Yes, dependent relatives can apply, but typically after the principal applicant’s status has been adjusted.
Can I work while my CAA adjustment application is pending?
Yes, you can file for a work authorization document simultaneously with your residency application to receive work authorization.
How long does it take to adjust status under CAA?
Processing times vary. While CAA offers a special pathway, applicants must meet all documentation and admissibility requirements; USCIS processing times can range, so it’s best to check current estimates on the USCIS website.