Enacted in 1966, the Cuban Adjustment Act (CAA) allows Cubans and their spouses and children to become permanent residents through adjustment of status. The law provides humanitarian relief to Cubans who are presumed to be political refugees and cannot seek residence through other avenues. To qualify for Cuban adjustment as a principal applicant, one must be a native or citizen of Cuba; have been inspected, admitted or paroled; be physically present in the United States for more than one year; and be admissible to the United States for lawful permanent residency. The usual bars to adjustment under INA § 245(c) do not apply to Cuban adjustment. This article addresses some common questions about Cuban adjustment.
The non-Cuban spouse or child of a qualifying Cuban applicant may also adjust status under section 1 of the Cuban Adjustment Act. That is true regardless of his or her nationality or place of birth. The non-Cuban spouse must meet all the other eligibility criteria for Cuban adjustment stated above, and must reside with the principal applicant. See Matter of Bellido, 12 I. & N. Dec. 369 (R.C. 1967). There is an exception to this requirement related to domestic violence, which is discussed below. A qualifying marriage can occur at any time – before or after the Cuban adjusts. Matter of Milian, 13 I. & N. 480 (A.R.C. 1970). However, the dependent cannot adjust before the principal does. Nor can dependents adjust under the CAA if the principal has already naturalized. Dependents can adjust even if the Cuban spouse or parent did not obtain permanent residency through the CAA, as long as he or she could qualify under the CAA. Matter of Coto, 13 I. & N. 740 (BIA 1971).
A dependent subjected to battery or extreme cruelty is not required to reside with the abuser in order to qualify for Cuban adjustment. VAWA 2000 and VAWA 2005 amended the CAA to make it easier for survivors of domestic violence to qualify for Cuban adjustment. The requirement of residency with the Cuban spouse does not apply in situations of abuse. An abused spouse or child of a Cuban principal may still adjust under the CAA even if he or she does not currently reside with the Cuban principal; the marital relationship was legally terminated due to abuse not more than two years ago; or the qualifying Cuban principal died not more than two years ago and the spouses resided together at some point during the relationship. USCIS released a policy memo July 29, 2016, providing additional guidance on the implementation of these provisions. The spouse or child must demonstrate their relationship to the Cuban principal and that the principal subjected him or her to battery or extreme cruelty during the relationship. USCIS should accept any credible evidence documenting the relationship and the abuse. There is no need to submit an I-360 VAWA self-petition along with the I-485, but similar evidence would be used to document the battery or extreme cruelty. The application should be adjudicated by the Vermont Service Center VAWA Unit. Though the VSC may refer the case to a field office for an interview, the VSC will make the determination on abuse. The VAWA confidentiality requirements of 8 USC § 1367 continue to apply to VAWA CAA applicants as they do in all VAWA cases.
Cubans benefit from rollback provisions that back date their admission to permanent residence. Typically, when one adjusts under INA § 245, the date of admission for lawful permanent residence is the date on which the case is completed and the adjustment approved. Under the CAA, the admission date for permanent residence is rolled back 30 months before the filing of the application or to the date of the individual’s last arrival in the United States, whichever date is later. For example, Arturo last arrived in the United States in January 2014. He later applies for adjustment under the CAA and his case is approved on Sept. 1, 2016. The date of his admission to permanent residency will be March 1, 2014. Here, the 30-month rollback is his date of admission since it is later than the date he last entered the U.S. Arturo will be eligible to adjust after five years as a permanent resident, thus the rollback provision enables him to qualify for naturalization in a shorter amount of time.
The non-Cuban spouse and children of a qualifying Cuban applicant are entitled to the same rollback provisions as the principal, even if that means the individual becomes an LPR before the date on which the individual became the Cuban applicant’s spouse or child. See Silva-Hernandez v USCIS, 701 F.3d 356 (11th Cir. 2012).
Those who have adjusted under the CAA, unlike asylees, can return to Cuba without jeopardizing their status. Asylees adjust status under INA § 209(b), which requires that the individual continue to be considered a refugee within the definition of 101(a)(42)(A). If an asylee travels to her home country there is a risk that her status could be terminated. For example, if it is determined that she has “voluntarily availed herself of the protection of her country of nationality or last habitual residence by returning to such country with permanent resident status…”; or that she is no longer a refugee because country conditions have changed; or her claim to asylum was fraudulent. Those who adjust pursuant to the CAA are not required to meet the definition of a refugee. A person can qualify for Cuban adjustment even if they have no fear of persecution in Cuba. Therefore, travel back to Cuba does not necessarily affect eligibility for LPR status or ability to naturalize, as long as the applicant meets physical presence and continuous residence requirements.
While applicants for Cuban adjustment are exempt from some inadmissibility grounds, other grounds are of particular concern. Applicants for Cuban Adjustment are subject to the inadmissibility grounds at INA § 212(a). However, there are some exceptions: the public charge ground at 212(a)(4); the labor certification ground at 212(a)(5); arrival at a place other than a port of entry at 212(a)(6)(A); and the documentation ground at 212(a)(7) do not apply. Common inadmissibility issues include those related to crimes; fraud; terrorism bars; and membership in a totalitarian party. Keep in mind that with crimes an inadmissibility finding does not need to be supported by a record of conviction if there is reason to believe that there has been a conviction and that the underlying crime involved moral turpitude under prevailing U.S. standards. If an applicant has a criminal conviction from Cuba, USCIS will want a sworn statement from the applicant addressing details of the arrest, charges, the outcome of any proceedings, and whether the applicant was imprisoned. See Adjudicator’s Field Manual 23.11.
Cuban applicants may have been involved with or associated with the Communist party in the past. Note that INA § 212(a)(3)(D) includes an exceptions for involuntary membership or the membership or affiliation was solely when under the age of 16; by operation of law; or were necessary for purposes of obtaining employment, food rations or other essentials of living. Other exceptions include those for past membership which has been terminated at least five years before the date of application for admission; and an exception for close relatives of USCs and LPRs for humanitarian purposes, to assure family unity or when it is otherwise in the public interest. When USCIS determines that an applicant may be inadmissible under 212(a)(3)(D)(i) as a member of the Communist party, the adjudicator will require a detailed sworn statement that includes information on: (1) the organization joined; (2) the date and place of joining; (3) an explanation of why the applicant joined; (4) the nature of the organization; (5) the duties and responsibilities of the applicant within the organization; (6) whether the applicant held an official title or office or was simply a member; and (7) if the applicant has terminated his or her membership, when and in what manner, this termination took place. AFM 23.11(k).
A Cuban adjustment applicant who is inadmissible must seek a waiver under INA § 212(g), (h), or (i). The waiver application is made on Form I-601, not on Form I-602, which is used for refugees who have been admitted under INA §§ 207 or 208. USCIS should take into considerations the special circumstances of the Cuban national and the political situation in Cuba when evaluating eligibility for an extreme hardship waiver.
Special parole programs for Cubans may be an option for reuniting families more quickly. If Cuban Adjustment is not an option, permanent residents and U.S. citizens may also file family-based petitions to help Cuban relatives immigrate to the United States. Under the Cuban Family Reunification Parole Program (CFRPP), beneficiaries of approved family petitions in the preference categories can be paroled into the United States while they wait for their priority dates to become current. Once in the United States, CFRPP beneficiaries may seek work authorization while they wait to apply for permanent residency after they have been present in the United States for at least one year or when their immigrant visas become available. To be eligible to apply for parole for relatives in Cuba under the CFRP program, the petitioner must meet the following requirements: be a U.S. citizen or lawful permanent resident; have an approvedForm I-130 for a Cuban family member; an immigrant visa is not yet available for the relative; and the Department of State’s National Visa Center (NVC) has invited the petitioner to participate in the CFRP Program. On Aug. 23, 2016, the NVC resumed issuing written invitations to apply for CFRP. The principal beneficiary must be a Cuban national living in Cuba, must pass a medical examination, be admissible to the United States, and warrant a favorable exercise of discretion.
FAQs
What did the Cuban Adjustment Act do? ›
Cuban Adjustment Act, U.S. federal law (November 2, 1966) that was enacted with the intent of allowing Cuban natives or citizens in the United States to bypass standard immigration rules to more quickly and easily obtain lawful permanent residency (often called a “green card”).
Who can adjust under the Cuban Adjustment Act? ›The bipartisan Cuban Adjustment Act, signed into law by President Lyndon B. Johnson on November 2, 1966, granted work authorization permits and lawful permanent residency (green card status) to any Cuban native or citizen who settled in the United States for at least one year.
What benefits do Cuban refugees receive? ›Are you a Cuban or Haitian individual who has been granted entry into the United States? You may be eligible for cash assistance, medical assistance, employment preparation, job placement, English language training, and other services offered through the Office of Refugee Resettlement (ORR).
Can Cubans still get green cards? ›For more than four decades, the Cuban Adjustment Act has allowed Cuban citizens arriving in the country to enjoy certain immigration privileges. Thanks to this law, Cubans who immigrate illegally to the US may be eligible to obtain a Green Card or permanent residence.
Why did Cuban immigrants come to America? ›Most settled in Florida and the northeast U.S. The majority of the 100,000 Cubans came for economic reasons due to (the Great Depression of 1929, volatile sugar prices, and migrant farm labor contracts). Others included anti-Batista refugees fleeing the military dictatorship, which had pro-U.S. diplomatic ties.
How can a Cuban get a US visa? ›Step 1 : Cuban citizens need to get a visa for USA by going to the nearest embassy. Step 2 : Fill the application form for USA. Step 4 : Once the visa application for USA is approved, you will be notified by e-mail. Step 6 : You can now travel to USA and stay for the duration on your visa.
Can a US citizen marry a Cuban? ›Individuals interested in marrying a Cuban in USA should know that the Cuban citizen will also need to provide a birth certificate and a Certificate of Single Status notarized in front of a public notary, in order to attest the fact that they are single and not involved in another marriage concluded elsewhere.
Are Cubans allowed in the US? ›In addition to Cubans who may qualify to immigrate through the INA preference system and who may qualify as refugees, the United States decided to use other authority in the law (i.e., parole), to allow Cubans to come to the United States and become legal permanent residents through the Cuban Adjustment Act.
Can Cubans still claim asylum? ›Cuban Nationals – Eligibility Criteria
To be eligible for refugee status in the U.S. Refugee Admissions program, a Cuban national must demonstrate that he/she belongs to at least one of the following groups: Members of persecuted religious minorities. Human rights activists. Former political prisoners.
Cuban citizens can apply for asylum, like any other country, but most Cubans who are able to make it to the United States do not have to.
Can a Cuban immigrant be deported? ›
Convicted Cubans do not face the same consequences as other nationals. Once a Cuban national has served their term, they are often ordered removed or deported by an immigration judge, however, they are soon released into the community, since the government of Cuba has refused to accept their return.
Does Cuba allow dual citizenship? ›The Government of Cuba treats U.S. citizens born in Cuba as Cuban citizens and may subject them to a range of restrictions and obligations. The Cuban government requires U.S.-Cuban dual citizens who departed Cuba on or after January 1, 1971 to enter and depart Cuba using a Cuban passport.
Where can a Cuban passport go? ›...
Cuba Visa on Arrival Countries.
| Country | Allowed stay |
|---|---|
| Bolivia | 90 days |
| Burkina Faso | 1 month |
| Cambodia | 30 days |
| Cape Verde | 90 days |
C11. An alien paroled into the United States in the public interest or temporarily for emergency reasons.
Can a Cuban leave Cuba? ›Since that date, any Cuban citizen, with a valid passport, can leave the country at will, without let or hindrance from the Cuban authorities. Visa requirements for Cuban citizens are administrative entry restrictions by the authorities of other states placed on citizens of Cuba.
Can I adjust status if I was paroled? ›A parolee is eligible to apply for and be granted adjustment of status so long as he or she remains in the United States as a parolee (and is not otherwise ineligible to adjust status).
How many Cuban live in USA? ›Of the 1,241,685 Cuban Americans, 983,147 were born abroad in Cuba and 628,331 were U.S born.
What is Cuban culture? ›Cuba's culture is a rich amalgam of African, Spanish, and Caribbean pastimes; the food, the religions, and of course the music and dances all combine elements of the Old World and the New. Here are 5 Cuban traditions that showcase this unique island and its wonderful people.
What is the race of Cubans? ›An autosomal study from 2014 found the genetic ancestry in Cuba to be 72% European, 20% African and 8% Amerindian.
Are Cubans Hispanic or Latino? ›OMB defines "Hispanic or Latino" as a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race.
Can I claim my cousin from Cuba? ›
Eligibility for CFRP
You may be eligible to apply for parole for your relatives in Cuba under the CFRP program if: You are either a U.S. citizen or LPR; You have an approved Form I-130, Petition for Alien Relative, for a Cuban family member; An immigrant visa is not yet available for your relative; and.
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The following countries can stay in Cuba without applying for a tourist visa (tourist card) for up to 30 days:
- Antigua and Barbuda.
- Belarus.
- Mongolia.
- Saint Kitts and Nevis.
- Saint Lucia.
- Singapore.
| Passport Execution Fee | $35.00 |
|---|---|
| Passport Application | Adults: $50.00 Minors: $20.00 |
| Passport Surcharge | $80.00 |
| Passport Card | Adults: $30.00 Minors: $15.00 |
| Consular Report of Birth Abroad | $100.00 |
Article 3 of Cuba's Family Code provides that girls may be married off as young as 14 years old, while requiring a boy to be at least 16 years old. Article 3. Men and women have authority to make their marriage official when they are over 18 years old.
Can a foreigner buy a house in Cuba? ›Cuba has opened the doors to investment property with the approval of a new immigration law granting residency to foreign owners and lessees of property in the country. This is a way according to current legislation, where a non Cuban resident can buy a home or invest in the Cuban Real estate market.
What do I need to marry a Cuban? ›- Birth certificates.
- A copy of your passport.
- If divorced you will need your decree absolute certificate.
- If widowed, you will need a death certificate for your spouse and a marriage certificate.
- An affidavit of your single status if you have never been married before.
Wages in Cuba is expected to reach 1050.00 CUP/Month by the end of 2022, according to Trading Economics global macro models and analysts expectations. In the long-term, the Cuba Average Monthy Salary is projected to trend around 1050.00 CUP/Month in 2023, according to our econometric models.
Where do most Cubans live in Cuba? ›Demographics and Social Divisions
In 2012, the Cuban census reported that the country's population was a little over 11 million. Of these people, 76 percent live in an urban setting, primarily Havana and Santiago de Cuba.
The most common destination countries have been the United States, Mexico and Uruguay. The most successful have been the refugees in Paraguay and Guyana. A total of 8,463 people fled to the United States from Cuba. With 47 positive decisions, 19.58 percent of all new applications have been accepted.
Does Title 42 apply to Cubans? ›With respect to people seeking refugee protection, Title 42 has been used to ban and block them from seeking asylum at official ports of entry; it has also pushed asylum seekers – including Cubans, Haitians and Venezuelans – who previously mostly approached official border posts to seek asylum, to instead attempt to ...
How many refugees does Cuba take? ›
Cuba refugee statistics for 2020 was 222.00, a 4.72% decline from 2019. Cuba refugee statistics for 2019 was 233.00, a 18.82% decline from 2018. Cuba refugee statistics for 2018 was 287.00, a 16.33% decline from 2017.
What is the Cuban refugee program? ›The Cuban Refugee Program was authorized by the President of the United States in February 1961. Federal assistance for Cuban refugees had begun in 1960 under President Eisenhower in response to the growing number of Cubans fleeing the Castro regime.
How can I help the Cuban family? ›We suggest giving donations to Cuban NGOs, schools, clinics, and religious organizations. This way, Cuban families and communities most in need benefit from your generosity. Many of the items most needed can be purchased at dollar stores.
How many Cubans have crossed the border in 2022? ›Historic numbers of Cubans are crossing the U.S.-Mexico border, according to Customs and Border Protection, which clocked more than 175,000 encounters with Cubans at the southwest border in fiscal year 2022.
What is a Cuban parole? ›The program allows certain eligible U.S. citizens and lawful permanent residents who receive an invitation letter to apply for parole for their family members in Cuba. If USCIS approves these family members for parole, they may come to the United States before their immigrant visa priority dates become current.
How can I get Cuban citizenship? ›Cuban nationality is typically obtained either on the principle of jus soli, i.e. by birth in Cuba; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Cuban nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization.
When did the Spanish go to Cuba? ›Cristóbal Colón (Christopher Columbus) claims the New World. On 27 October 1492 Columbus sighted Cuba, he named the island Juana. Colonial Rule: The history of Cuba began with the arrival of Christopher Columbus in 1492 and the subsequent invasion of the island by the Spaniards.
How can I apply for refugee status in USA? ›You must receive a referral to the U.S. Refugee Admissions Program (USRAP) for consideration as a refugee. If you receive a referral, you will receive help filling out your application and then be interviewed abroad by a USCIS officer who will determine whether you are eligible for refugee resettlement.
Why can't Americans go to Cuba? ›The U.S. government state department placed an embargo on trade between Cuba and the United States of America in 1962. Until this day, it makes travel to Cuba harder than you might think, but not impossible.
Can U.S. citizens travel to Cuba 2022? ›January 2022 update: Cuba is open to fully vaccinated American travelers only. Travelers must bring proof of COVID vaccination and a negative PCR test taken in the past three calendar days. Beyond that, there are no major new restrictions.
Can a Cuban go to Mexico? ›
Mexico tourist visa is required for Cuban citizens. The stay is usually short with a period of 30 days and visa expires in 90 days. Applicant is required to be present when applying for Mexico tourist visa. A total of 12 documents are required for applying Mexico tourist visa.
Can I travel to Europe with a Cuban passport? ›Traveling with a Cuban passport summed up
The Cuban passport allows its holders free entry to over 20 countries all over the world. There are also many destinations that Cubans can visit with visa alternatives – a visa on arrival or an eVisa.
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Immigrant Visas Consular Fees.
| Type of Visa | Fee |
|---|---|
| Family-Based Immigrant Visas | $325 |
| Diversity Visa | $330 |
| Fiancé(e) Visa | $265 |
| Returning Resident | $180 |
C31 is the person who was approved for VAWA, approved as someone who proved that we're in a real marriage to a US citizen, men, and women or green card holder, but they were abused by the US citizen or the green card holder spouse.
What does category C14 mean? ›C14. Alien granted deferred action. C16. Registry applicant based on continuous residence since January.
What is adjustment of status? ›Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.
What is the significance of the Platt Amendment? ›The Platt Amendment outlined the role of the United States in Cuba and the Caribbean, limiting Cuba's right to make treaties with other nations and restricting Cuba in the conduct of foreign policy and commercial relations.
What is the Cuban refugee program? ›The Cuban Refugee Program was authorized by the President of the United States in February 1961. Federal assistance for Cuban refugees had begun in 1960 under President Eisenhower in response to the growing number of Cubans fleeing the Castro regime.
Can Cubans immigrate to the United States? ›The Cuban Adjustment Act, effective since November 2, 1966, allows Cuban natives or citizens who have been physically present in the United States for at least a year to apply to become lawful permanent residents.
Can Cubans get citizenship? ›Cuban nationality is typically obtained either on the principle of jus soli, i.e. by birth in Cuba; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Cuban nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization.
Who was affected by the Platt Amendment? ›
Approved on May 22, 1903, the Platt Amendment was a treaty between the U.S. and Cuba that attempted to protect Cuba's independence from foreign intervention. It permitted extensive U.S. involvement in Cuban international and domestic affairs for the enforcement of Cuban independence.
What were the purpose and consequences of the Platt Amendment quizlet? ›The significance of the Platt Amendment was that it established the terms under which the U.S. would end its military occupation of Cuba (which had begun in 1898 during the Spanish-American War) and "leave the government and control of the island of Cuba to its people."
What level of control did the US have with Cuba? ›Under the Treaty of Paris, Cuba became a U.S. protectorate from 1898 to 1902; the U.S. gained a position of economic and political dominance over the island, which persisted after it became formally independent in 1902.
Can Cubans still claim asylum? ›Cuban Nationals – Eligibility Criteria
To be eligible for refugee status in the U.S. Refugee Admissions program, a Cuban national must demonstrate that he/she belongs to at least one of the following groups: Members of persecuted religious minorities. Human rights activists. Former political prisoners.
Cuban citizens can apply for asylum, like any other country, but most Cubans who are able to make it to the United States do not have to.
Can I claim my cousin from Cuba? ›Eligibility for CFRP
You may be eligible to apply for parole for your relatives in Cuba under the CFRP program if: You are either a U.S. citizen or LPR; You have an approved Form I-130, Petition for Alien Relative, for a Cuban family member; An immigrant visa is not yet available for your relative; and.
OMB defines "Hispanic or Latino" as a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race.
What is the race of Cubans? ›An autosomal study from 2014 found the genetic ancestry in Cuba to be 72% European, 20% African and 8% Amerindian.
How much does the average Cuban earn per month? ›Wages in Cuba is expected to reach 1050.00 CUP/Month by the end of 2022, according to Trading Economics global macro models and analysts expectations. In the long-term, the Cuba Average Monthy Salary is projected to trend around 1050.00 CUP/Month in 2023, according to our econometric models.
Can an American marry a Cuban? ›Individuals interested in marrying a Cuban in USA should know that the Cuban citizen will also need to provide a birth certificate and a Certificate of Single Status notarized in front of a public notary, in order to attest the fact that they are single and not involved in another marriage concluded elsewhere.
Why can't Americans go to Cuba? ›
The U.S. government state department placed an embargo on trade between Cuba and the United States of America in 1962. Until this day, it makes travel to Cuba harder than you might think, but not impossible.