For several years, the Cuban Adjustment Act has provided certain immigration privileges to immigrants from Cuba. Thanks to this law, Cubans who illegally immigrate to the United States may be eligible to obtain a Green Card.
Call us today. Our Los Angeles immigration lawyers can provide you with more information about the Cuban Adjustment Act. With our help, you will know whether or not you can apply for a Green Card under this law.
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The Cuban Adjustment Act (CAA) is a U. S. federal law that allows Cubans to become lawful permanent residents. Through this law, eligible Cubans can adjust their status and obtain a Green Card.
President Lyndon B. Johnson signed the Cuban Adjustment Act into law in 1966. As a result, it granted work permits and lawful permanent residence to certain Cubans in the country.
Since then, the Cuban population in the U. S. has grown from about 70,000 to more than 430,000. This occurred between 1960 and 1970, when thousands of exiles from Cuba sought asylum in the United States.
Note: There is a bill called: “Venezuelan Adjustment Act”. This legislative initiative would be similar to CAA but for Venezuelan nationals.
Currently, the Cuban Adjustment Act requires that Cuban immigrants be inspected and admitted or placed on parole. This will qualify them for permanent residence after one year in the U. S.
However, policy changes have led to many Cubans receiving different documents. As a result, it prevents them from applying for the Green Card.
The proposed bill seeks to address this problem by establishing special regulations for Cuban immigrants under new border rules.
It will also tighten the asylum system and establish shorter deadlines for cases and deportations. Likewise, it also provides aid to Cubans and Haitians released at the border.
If you must appear in court, our attorneys will represent you in Los Angeles immigration court. Call us and we will help you.
A bipartisan immigration bill in the U. S. Senate seeks to address challenges for Cuban immigrants at the border with Mexico.
The proposal would eliminate restrictive requirements for obtaining Green Cards. In addition, the project establishes specific rules for Cubans and Haitians released at the border. This would allow them to access support services as refugees.
However, the bill would also tighten the asylum system and speed up deportation processes. If you are facing this, our immigration attorneys are specialists in deportation and will be able to defend you.
What happens to Cubans who arrive in the United States in 2024? Well, currently, Cubans can legally immigrate to the country through:
Visas are usually issued as soon as the immigration petition is approved by USCIS. In addition, foreign Cubans could also qualify by means of family-based immigration or an employment petition.
The original law allowed Cubans to obtain a Green Card after being present in the United States for two years. However, amendments such as that of 1976 (94-571) reduced this period to one year.
This law has had few changes, except for the wet feet, dry feet policy that limited its scope in 1996. Although it was repealed by President Barack Obama in 2017. Currently, the Cuban Adjustment Act remains in effect.
The most important advantage that Cuban immigrants have is that they immediately receive certain immigration reliefs. In addition to these, the following advantages are present:
To be eligible for the Green Card under the Cuban Adjustment Act, you must meet the following requirements:
For more information about eligibility, contact us. Our lawyers will analyze your immigration possibilities.
Family members must meet the following eligibility criteria:
To apply for a Green Card under the Cuban Adjustment Act, you must prove that you are a Cuban native or citizen. Thus:
If you were born in Cuba, you must submit:
If you were born outside of Cuba, you must submit:
It should be noted that it will not be enough to confirm that you are a Cuban citizen if:
Even if the birth or consular certificate indicates that the person is a Cuban citizen, this is still true. USCIS does not certify denied CAA cases at the Administrative Appeals Office (AAO), consistent with current internal practice and guidance.
If you are looking for information on whether you can win an immigration appeal process, check our respective blog.
Evidence of legal admission or temporary stay permission may include:
Once this is done, you can apply for adjustment of status immediately after obtaining temporary parole. However, you must have been present in the country for at least a year. This differs from consular processing.
Note: If you are a J-1 or J-2 nonimmigrant under the 2-year foreign residency requirement, you will not be able to adjust your status. However, you may do so if you have met this requirement, received a waiver or exemption from the Department of State.
You may file Form I-485 with USCIS to apply for a CAA-based Green Card if you:
Of course, it is best to have an immigration attorney help you with this process. Call us, our professionals will take care of all these procedures.
Originally, in 1966, Cubans had to wait at least two years to apply for lawful permanent residence. However, in 1976, the waiting time was reduced to 1 year.
Currently, the process for lawful permanent residence through Cuban adjustment can take on average between 9 and 12 months. But this law contains a “setback” provision, which can delay residency approval by up to 30 months.
To apply for benefits under the Cuban Adjustment Act, you must have the following documents on hand:
If you are wondering: “Why didn’t they stamp my passport when entering the United States” in our blog you will find the answer.
Your family members will have to submit the same documents as you, with the exception of these additional ones:
If applicable, you must submit one of the following forms:
Some of these ways; including the I-485, require a USCIS filing fee. However, you may be eligible for a fee waiver.
Normally, once you have Form I-485 in process, you can file Form I-765, Application for Employment Authorization. This will be under the (c)(9) filing category.
If you need to temporarily leave the United States while your Form I-485 is pending, you can:
To obtain a Green Card, you must be admissible to the United States. This means that you should not be subject to certain grounds of inadmissibility under section 212(a) of the INA.
If you apply for CAA, all grounds for inadmissibility apply to you. For example, health reasons, criminal activity, fraud or unlawful presence, except for the following:
If you are undocumented and caught under illegal reentry after deportation, you may face deportation proceedings.
Either way, if you are inadmissible, you may be eligible for an I-601 or I-212 waiver. Call us and we will help you correctly apply for a waiver to the U. S.
Both spouses who are victims of domestic violence and abused children are covered by the Violence Against Women Act (VAWA).
Minors under 14 years of age who are going to submit their application along with the I-485 of one of their parents must pay $750. If you do not present it with any of them, then the cost increases to $1,140.
Applicants between 14 and 78 years of age have to pay a total of $1,225, which includes the biometric fee. Those aged 79 or older must pay $1,140.
If Form I-485 is filed on a shelter-in-place basis, there will be no cost.
The main difference is that Cubans who arrive at a port of entry cannot automatically benefit from the Cuban Adjustment Act (CAA). Therefore, they need proper documentation and comply with time requirements in the U. S.
However, they have the option to apply for political asylum if they do not qualify for the CAA, and after 365 days in the U. S they can qualify for the CAA. This will be to adjust their status to lawful permanent resident unless they choose another path, such as marriage.
In any case, both immigration procedures will allow those eligible to legally enter the United States.
Yes. The application for employment authorization is made through Form I-765. After being completed and signed it must be sent to USCIS.
This law only benefits those born in Cuba or those who have obtained Cuban nationality. Additionally, they must live in the United States and meet eligibility requirements.
Can I be eligible for CAA if I entered the U. S. with another nationality?You may be eligible for the Cuban Adjustment Act as soon as you prove that you are a Cuban citizen or possess that nationality as well.
Can I Leave the U. S. After Applying for Cuban Adjustment of Status?It is advisable not to do so, unless it involves force majeure circumstances. Although the law does not say anything about whether the year of presence must be fulfilled continuously or not. In any case, the duration and purpose of the trip will be taken into account.
Now that you know what the Cuban Adjustment Act did for these nationals, you may be eligible. If you need to process the Green Card based on the Cuban Adjustment Law, you are in the right place.
We are an immigration law firm of Cuban origin with more than 50 years of experience on the matter. Call now and get a professional, no-obligation consultation.
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March 31, 2020
June 10, 2022
Lluis Law84 Google reviewsMarlen Fernandez2024-02-27Gracias a todo el equipo del abogado Lluis Law muy profesionales en especial a Mayra ella siempre al pendiente de todo muy buena comunicación los recomiendo cien por ciento 🥰🥰🥰🥰🥰🥰🥰🥰😍😍😍😍😍😍😍solimar chinchilla2023-11-17Thank you to Luis Law, attorney Luis and Marisol for helping me through my citizenship process as I had concerns but they assure me it will all be okay. I highly recommend they are helpful, professional and would call each time for updates. I am now a U.S. citizen with the help of Luis Law Firm. Thank you again! From - Jorge Alberto ChinchillaChris Mendez2023-10-05Highly recommend this law firm. They helped me with my immigration case. Positive outcome.Jeisel Aguilar2023-10-04Personal muy amable y confiable, con respecto a mi caso, el tramite ha sido sumamente rápido y efectivoVinicio Nicolas2023-10-02Gracias a Marisol y el abogado por ayudarme obtener mi residencia.
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