December 22, 2025
Yes — as of late 2025, the Cuban Adjustment Act (CAA) remains in effect, continuing to provide a unique pathway for Cuban nationals to pursue lawful permanent residency (a Green Card). However, proposed immigration changes and executive actions in 2025–2026 have raised serious questions about its future scope and practical application. These policy shifts could restrict access, documentation requirements, or interpretation of eligibility even if the law itself is not repealed.
What the Cuban Adjustment Act Is (Quick Overview)
The Cuban Adjustment Act of 1966 allows certain Cuban natives or citizens who have been physically present in the U.S. for at least one year after inspection, admission, or parole to apply for adjustment of status to lawful permanent resident (Green Card).
Key Eligibility Requirements Under Current Law:
- Cuban native or citizen
- Inspected and admitted or paroled into the U.S.
- At least 1 year of physical presence
- Properly filed residency application
- Admissible to the U.S. (or have waiver)
Proposed 2025–2026 Policy Changes That Could Impact the CAA
Federal immigration policy under the current administration has seen increased enforcement measures, including parole and asylum system revisions — some of which indirectly affect Cuban nationals even under CAA. Examples include:
- CHNV parole routes revoked or restricted
- Stricter documentation and vetting for eligibility
- Greater scrutiny of parole evidence and admissibility
- Executive actions tightening application processing timing and standards
However, no official legislative repeal of the CAA had become law by late 2025 — meaning it continues to exist legally unless Congress explicitly alters it.
CAA Today vs. Potential 2026 Versions
| Feature | Current Cuban Adjustment Act | Potential 2026 Version (Hypothetical) |
|---|---|---|
| Eligibility Window | 1 year physical presence | Could increase due to vetting changes |
| Parole Proof Requirement | Evidence of inspection, admission, or parole | Might require stricter supporting documentation |
| Adjustment Application Process | File Form I-485 after one year | Processing delays likely to lengthen |
| Impact of Public Charge Rules | Standard public charge framework | New rules could make admissibility harder |
| Congressional Repeal Risk | Low (not currently proposed) | Possible under broad reform bills |
Step-by-Step Breakdown: CAA Application Process (Current)
- Entry Evidence Documentation
- Passport, I-94, evidence of parole/admission
- Wait One Year Minimum
- File Form I-485 with USCIS
- Include supporting financial, identity, admissibility evidence
- Admissibility Determination
- Must show no disqualifying ground of inadmissibility
- Adjustment Interview & Decision
- Interview scheduled unless waived
- Green Card Issued
Common Threats to the Act’s Practical Future
- Public Charge Rule Changes: Proposed rules could make “self-sufficiency” criteria stricter, affecting admissibility. Medicare Rights Center
- Executive Administrative Shifts: Increased vetting or parole standards may disproportionately affect Cubans seeking adjustment.
- Budget & Enforcement Law Impact: The One Big Beautiful Bill restructured enforcement priorities and could reduce administrative capacity for benefits processing. NILC
Cuban Adjustment Act FAQs
Does the elimination of “wet-foot, dry-foot” affect the CAA?
No — the CAA continues independently of that policy change. Eligibility still requires physical presence for 1 year. Casais & Prias Law
Can CAA applicants adjust status if they entered without paperwork?
Typically not — proof of inspection/admission/parole is a statutory eligibility requirement.
Is there a legislative bill to repeal the CAA?
As of late 2025, no repeal has been passed by Congress.
Does the Cuban Adjustment Act still require one year of physical presence?
Yes. Applicants must generally show at least one year of continuous physical presence in the United States before filing for adjustment under the CAA.
Can Cubans with parole still qualify under the CAA?
Yes. Individuals paroled into the U.S., including those granted humanitarian or public-interest parole, may meet the inspection or parole requirement if properly documented.
Does applying for asylum affect eligibility under the CAA?
No. Filing for asylum does not disqualify someone from later adjusting status under the CAA, provided all statutory requirements are met at the time of filing.
Are criminal convictions a bar to Cuban Adjustment Act eligibility?
Certain criminal convictions can render an applicant inadmissible, which may prevent adjustment unless a waiver is available under immigration law.
Can spouses and children adjust status through a CAA applicant?
Yes. Spouses and unmarried children may be eligible to adjust status as derivatives, even if they are not Cuban nationals, if they meet eligibility criteria.