The Cuban Adjustment Act, established in 1966, grants Cuban nationals and their immediate family members, such as children and spouses, the chance to seek residency in the United States within one year of their arrival, either through “inspection and admission or parole.” This law offers residency and various immigration advantages to Cubans and their immediate family members.
The Cuban Adjustment Act is an exceptionally favorable immigration relief program, which provides numerous benefits. For example:
- An “asylum” claim is not a prerequisite. If you possess a parole document, there is no need to submit an asylum application.
- Dependents, namely children and spouses, can qualify for residency under the Cuban Adjustment Act, even if they are not of Cuban nationality.
- If you entered the United States using a different visa, such as a visitor visa or ESTA, you can still pursue residency under the Cuban Adjustment Act. Crew members, those who entered with C-1 or D-1 visas, can also obtain green cards through this Act.
Where to file for a green card under the Cuban Adjustment Act
United States Citizenship and Immigration Services (USCIS) and the Executive Office of Immigration Review (EOIR) both accept residency applications under the Cuban Adjustment Act. Where to file is a question for your attorney, and depends on whether you have a case pending with the court, among other things.
Cuban Adjustment Act – Filing Requirements
- Form I-485
- Form I-765 (if you want a work permit)
- FormI-912 (if you qualify for a fee waiver)
- A Medical Exam
- Passport style photos
Cuban Adjustment Act – Documents in Support
- Evidence of Cuban Nationality
- A police clearance letter from the local police jurisdiction for any area in the U.S. where the applicant has lived for six months
- Parole
- Documents to prove 1 year of physical presence
Work permits under the Cuban Adjustment Act
Under the Cuban Adjustment Act, work permits become available to Cubans once they have applied for residency using form I-765, together with form I-485.
Membership in Communist Party
On Form I-485, Application for Adjustment of Status, applicants will be asked whether they ever been a member of, or in any way affiliated with, the Communist Party. This question raises concerns among numerous Cubans. Drawing from my experience as an immigration attorney, it is apparent that USCIS officers, in most cases, do not have a primary intent to reject Cuban applicants solely due to their affiliation or membership with the Communist Party.
Membership or affiliation with the Cuban Communist Party can indeed be a basis for denial under the Totalitarian Party-Related Inadmissibility Provisions, as outlined in the Immigration and Nationality Act, Section 212(a)(3)(D)(i). However, it’s important to note that U.S. immigration laws include an exception if the applicant’s membership in the party was involuntary.
Our team is here to assist you in making the most of the opportunities presented by the Cuban Adjustment Act. If you have any inquiries or concerns regarding this Act, we encourage you to arrange a consultation with us. Our immigration attorneys are eager to meet with you, assess your individual circumstances, and provide guidance. We can assist you in preparing a thorough and successful application, ensuring it is well-documented and helping you navigate any potential challenges that may arise during the process.
