November 21, 2025
The Cuban Adjustment Act (CAA) is still valid in 2026. Cubans who have been physically present in the U.S. for at least one year after entering or being paroled may still apply for a green card under the law, as long as they meet eligibility requirements and pass all background checks. Below is a simple, updated guide for applicants in 2026.
Understanding the Current Status of the CAA
Despite recurring rumors every year, the Cuban Adjustment Act remains active federal law. No administration has repealed it, and immigrants from Cuba continue to benefit from its fast-track path to permanent residence. While political discussions happen often, nothing has changed for 2026 processing.
Who Currently Qualifies Under the Act
To qualify, Cuban immigrants must meet these requirements:
- Be a Cuban citizen or national
- Have been inspected, admitted, or paroled into the U.S.
- Have one year of continuous physical presence in the United States
- Be admissible under U.S. immigration law (exceptions exist for certain grounds)
Family members may also benefit even if they are not Cuban, in some circumstances.
What “One Year of Physical Presence” Really Means
You must show proof that you have lived in the U.S. continuously for at least 12 months since your entry.
Documents that help include:
- Pay stubs
- Leases
- Bank statements
- School records
- Medical records
- Utility bills
USCIS may request additional evidence if gaps appear in your history.
Processing Times in 2026
Based on trends from 2024 and 2025:
- Most cases take between 8–14 months after filing Form I-485.
- Work permit approval usually takes 3–5 months.
Delays happen when forms are incomplete or evidence is missing.
How Recent Cases Have Been Treated
USCIS continues to approve CAA cases on a regular basis. Applicants with criminal records, false claims to citizenship, or past deportation orders face more complex reviews, but the law itself remains unchanged and still fully functional.
Why Legal Help Makes a Difference
An attorney helps you:
- Gather the right evidence
- Prepare for interview questions
- Avoid mistakes that slow down or jeopardize your case
- Handle criminal or prior immigration complications
Contact Us Today
If you’re applying for the Cuban Adjustment Act in 2026, Casais & Prias can help you prepare a strong, complete application. Contact our immigration team today to get started.
Cuban Adjustment Act FAQs
How do I prove I lived in the U.S. for a full year?
You can prove your year of continuous physical presence with documents that show where you lived and what you were doing during that time. This may include pay stubs, leases, bank statements, school records, medical visits, utility bills, or anything else that confirms you remained in the U.S. without long gaps.
Can I apply if I came by land or sea?
Yes. Your method of entry does not automatically disqualify you. As long as you were inspected, admitted, or paroled into the United States and meet the one-year physical presence requirement, you may still qualify under the Cuban Adjustment Act.
Does marriage affect my CAA case?
Marriage does not harm your eligibility. In some cases, it may even help your spouse or children qualify as dependents. The key requirement is your Cuban nationality—not your marital status.
Do criminal charges affect my case?
Some criminal charges can impact admissibility and slow down or jeopardize your application. Even minor issues may require additional paperwork or waivers. It’s important to speak with an attorney before filing if you’ve ever been arrested or charged.
Is asylum better than the CAA?
Usually not. Most Cubans prefer the CAA because it provides a more direct path to a green card and requires less supporting evidence than asylum. Asylum is still an option, but it involves stricter requirements and longer processing times.
Can I apply for a work permit while waiting?
Yes. Once you file your I-485 adjustment application under the CAA, you can also request an Employment Authorization Document (EAD). This allows you to work legally in the U.S. while your case is pending.
Will the CAA be canceled in the future?
There are currently no active proposals to repeal the Cuban Adjustment Act in 2026. Although political discussions happen regularly, the law remains fully in effect and continues to protect eligible Cuban nationals.