CUBAN ADJUSTMENT ACT
Cuban Nationals or Citizens Seeking Lawful Permanent Resident Status
Overview
The Cuban Adjustment Act of 1996 (CAA) provides for a special procedure under which Cuban nationals or citizens, and their accompanying spouses and children, may obtain a haven in the United States as lawful permanent residents. The CAA gives the Attorney General the discretion to grant permanent residence to Cuban nationals or citizens seeking adjustment of status if they have been present in the United States for at least 1 year after admission or parole and are admissible as immigrants. Their applications for adjustment of status may be approved even if they do not meet the ordinary requirements for adjustment of status under section 245 of the Immigration and Nationality Act (Act). Since the caps on immigration do not apply to adjustments under the CAA, it is not necessary for the alien to be the beneficiary of a family-based or employment-based immigrant visa petition.
On September 30, 1996, Congress enacted the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). IIRIRA made several comprehensive changes to the immigration laws. In particular, IIRIRA stated that arrival in the United States at a place other than an open port-of-entry is a ground of inadmissibility. However, after serious consideration of IIRIRA, the Service established that a Cuban national or citizen who arrives at a place other than an open port-of-entry may still be eligible for adjustment of status, if the Service has paroled the alien into the United States.
Eligibility
Cuban nationals or citizens can apply for adjustment of status if they have been present in the United States for at least 1 year since admission or parole and are admissible as immigrants. The public charge ground of inadmissibility does not apply to applicants filing for benefits under the Cuban Adjustment Act. Nor does inadmissibility for having arrived at a place other than an open port of entry apply. A Cuban national or citizen who arrives at a place other than an open port-of-entry, therefore, is still eligible for adjustment of status as long as he or she has been paroled. If the applicant is inadmissible on any other ground, the applicant is not eligible for adjustment under the CAA unless the applicant is eligible for, and has obtained, a waiver of inadmissibility.
Information on Family Members
The CAA applies to the alien’s spouse and children regardless of their country of citizenship or place of birth, provided:
the relationship existed at the time the principal alien obtained lawful permanent residence;
the relationship continues to exist until the dependent spouse or child adjusts status;
they are residing with the principal alien in the United States;
they make an application for adjustment of status under the Cuban Adjustment Act;
they are eligible to receive an immigrant visa; and
they are admissible to the United States for such permanent residence.
Note that the Immigration and Nationality Act defines “child” so that a person’s son or daughter must be unmarried and not yet 21 years old to qualify as that person’s “child.” Step-children, adopted children, and children born out of wedlock can qualify as “children” for purposes of CAA adjustment, if the claimed parent-child relationship meets the requirements specified in section 101(b)(1) of the Immigration and Nationality Act.
Required Documents
A separate Form I-485, Application to Register Permanent Residence or Adjust Status, along with the fee, for each applicant;
A copy of the applicant’s birth certificate or other birth record with translation, if available;
An additional fee for fingerprinting, if the applicant is 14 years of age or older;
Two photographs as described in the Form I-485 instructions;
A completed Biographic Information Sheet (Form G-325A) if the applicant is between 14 and 79 years of age;
A copy of the applicant’s Arrival-Departure Record (Form I-94) or other evidence of inspection and admission or parole into the United States;
Medical with Vaccination Supplement; and
Evidence of one year’s physical presence in the United States.
Where to File
Any alien who believes he or she meets the eligibility requirements under the Cuban Adjustment Act may apply to the district director having jurisdiction over his or her place of residence.
When to File
An alien may apply to adjust to Lawful Permanent Resident Status under the Cuban Adjustment Act one year after the date he or she was granted admission or parole.
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April 26, 1999
Clarification of Eligibility for Permanent Residence
Under the Cuban Adjustment Act
WASHINGTON – In a memorandum to all INS officers last week, Commissioner Doris Meissner clarified that Cubans—along with their spouses and children—who arrive at other than designated ports of entry into the United States are eligible for parole, as well as eventual adjustment of status to that of permanent resident, under the 1966 Cuban Adjustment Act (CAA). A designated port of entry includes airports, seaports and land ports located at the border.
The memorandum is not a change in INS policy. It is a clarification that the policy applies to Cubans arriving at other than ports of entry. There has been a question about their eligibility for parole and for permanent residence under the CAA because of the changes in the Immigration Act of 1996.
“This policy clarification, effective immediately, helps define in specific terms those Cubans who are eligible for parole and adjustment of status under the Cuban Adjustment Act, regardless of how they arrived in the United States,” stated INS Commissioner Doris Meissner.
Under the CAA, a Cuban national who is paroled may, one year after the grant of parole, apply for permanent residence in the United States. The fact that a Cuban national arrived in the United States at a place other than a designated port of entry will not make him or her ineligible for permanent residence under CAA (unless the individual is ineligible on other grounds such as having a criminal record).
This action removes a significant bar to permanent residence status, if the Cubans are otherwise eligible for adjustment under the CAA. A Cuban national who is in the United States without having been admitted or paroled by INS must first surrender into INS custody, and receive a grant of parole, and wait one year before applying for permanent residence under the CAA. With the grant of parole, the Cuban national will be eligible to apply for employment authorization.
– INS –