Cuban Adjustment

Green card for Cuban citizens, their spouses and children

The Cuban Adjustment Act of 1996 (CAA) provides for a special procedure under which Cuban natives or citizens and their accompanying spouses and children may get legal permanent residence. Cuban natives or citizens may apply for a green card if:

• They have been present in the United States for at least 1 year
• They have been admitted or paroled
• They are admissible as immigrants

Their applications for a green card (permanent residence) may be approved even if they do not meet the ordinary requirements under Section 245 of the Immigration and Nationality Act (INA). Since the caps on immigration do not apply to adjustments under the CAA, it is not necessary for the individual to be the beneficiary of an immigrant visa petition. Additionally, a Cuban native or citizen who arrives at a place other than an open port-of-entry may still be eligible for a green card if USCIS has paroled the individual into the United States.

The spouse and children of an individual applying for a green card under the Cuban adjustment act may also apply for benefits under the CAA regardless of their country of citizenship or place of birth, if:

• The relationship continues to exist until the dependent spouse or child receives a green card
• They are residing with the individual applying for a green card under the CAA in the United States
• They apply for a green card under the Cuban Adjustment Act
• They are eligible to receive an immigrant visa
• They are otherwise admissible to the United States for such permanent residence

If you need assistance with the Cuban adjustment act to secure permanent residency, contact South Florida immigration attorney Jorge L. Delgado today.