Cuban Adjustment Law

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The Cuban Adjustment Act (CAA) was enacted in 1966 as a special measure allowing Cuban citizens and certain members of their families to adjust their immigration status to lawful permanent residents in the United States after meeting certain basic requirements. This law represents one of the most accessible paths to a Green Card for Cuban citizens.

What benefits does the Cuban Adjustment Act offer?

Possibility of obtaining legal permanent residence without the need for a sponsor.
Shorter processing times compared to other immigration processes.
Allows you to apply for employment authorization and travel permission while the adjustment is being processed.
It also applies to immediate family members, such as spouses and children under 21, even if they are not Cuban citizens.
Provides immigration flexibility, including the option to request exemptions if there are grounds for inadmissibility.

Eligibility Requirements

To be eligible under the Cuban Adjustment Act, the following criteria must be met:

1. Nationality: Be a citizen or native of Cuba and be able to prove it reliably with official documents.
2. Legal entry into the U.S.: Having been inspected and admitted at a port of entry, or having received a parole (temporary permit).
3. Continuous Residence: Having physically lived in the U.S. for at least one year before applying.
4. Physical Presence: Be physically present in the country at the time of filing Form I-485.
5. Admissibility: Meet the general admissibility requirements for permanent residence in the U.S.

How to prove Cuban citizenship?

To prove your nationality, you can present:

Valid or expired Cuban passport.
Birth certificate issued in Cuba.
Certificate of nationality or official letter issued by the Cuban government.

What can prevent you from being eligible?

There are certain factors that can make you inadmissible under U.S. immigration law. These include:

Criminal record (serious crimes, violence, drug trafficking).
Public health problems (communicable diseases, dangerous mental disorders).
Links to terrorism or threats to national security.
Previous violations of immigration laws, such as illegal re-entry or fraud.

However, it’s important to note that in some cases, you can request a waiver if you have reasons for inadmissibility, which still allows you to qualify for the benefit if the government authorizes it.

Relevant Documentation and Forms

Form I-485 – Application for Permanent Residence Registration.
Form I-693 – Immigration medical examination and vaccinations.
Form I-765 – Employment authorization (optional).
Form I-131 – Travel permit or “Advance Parole” (optional).
Nationality and legal entry documents.
Evidence of continuous residence in the U.S. for at least 1 year (bills, contracts, school or work records, etc.).

Frequently Asked Questions (FAQs)

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