Understanding the Cuban Adjustment Act: Eligibility Requirements and Recent Changes

The Cuban Adjustment Act (CAA) of 1966 has been an important part of U.S. immigration law for more than five decades. This act allows Cuban natives or citizens living in the United States to apply for permanent residency or obtain a Green Card, under certain eligibility requirements.

If you are a Cuban native or citizen living in the U.S. and meet the eligibility requirements, you may be able to apply for a Green Card under the CAA. To qualify, you must properly file Form I-485, Application to Register Permanent Residence or Adjust Status. Additionally, you must have been physically present in the United States for at least one year at the time of filing your application, and you must be physically present in the United States at the time of filing.

One of the most significant eligibility requirements is that you must have been inspected and admitted or paroled into the United States after January 1, 1959. This requirement can be the most challenging for many applicants, particularly those who received a Form I-220A upon entry and were released on their own recognizance.

For years, immigration law has held that receiving a Form I-220A and being released on one’s own recognizance was not the same as being “paroled” under the law. However, in February 2022, the U.S. Citizenship and Immigration Services (USCIS) announced a new policy that could change this. According to this new guidance, any Cuban national who was previously denied an adjustment application solely because they did not establish they were admitted or paroled as required, and who received an I-220A, can now file a Motion to Reopen or submit a new Adjustment application.

This recent policy change is a significant development for Cuban nationals who were previously ineligible for permanent residency status under the CAA. If you are a Cuban national who received an I-220A and were previously denied an adjustment application, you may now be eligible to apply for a Green Card under the CAA.

At our immigration law firm, we understand the complexities of the CAA and the challenges that Cuban nationals may face when applying for a Green Card. Our experienced professionals can guide you through the process and help determine your eligibility for permanent residency under the CAA.

If you have questions about the CAA or want to learn more about your eligibility for permanent residency status, please contact our office today. We are here to assist you in navigating the immigration system and protecting your rights.

I would love your feedback on this topic or to discuss it further. Please call my cell at 305-916-1298 – Matt Person.