Jump to Navigation

Cuban immigrants are subject to special green card law

With the relationship between the United States and Cuba beginning to thaw, one of the implications could be changes to the American immigration policy toward Cuban citizens looking to live in the U.S. permanently. Currently, the ability for Cuban nationals to gain green card status in the U.S. is governed by the Cuban Adjustment Act of 1996.

Under the Act, Cuban natives or citizens can receive green card status from the U.S. Attorney General if:

  • The applicant has been in the U.S. for at least one year
  • They have been admitted or paroled into the U.S., and
  • They are admissible as an immigrant

Under the terms of the original CAA, passed in 1966, the applicant needed to spend two years in the U.S. before being eligible for a green card.

One major difference for Cuban immigrants and those from other countries seeking permanent U.S. residency is how they arrived in the country. Under the CAA, it does not matter whether a Cuban native or citizen entered the U.S. through an open port of entry, so long as the U.S. Citizenship and Immigration Services has paroled the individual into the country. Nor does being a “public charge” bar a Cuban immigrant from eligibility for permanent resident status.

Many Cuban immigrants arrive with family members who would like to continue to live with their spouse or parent. The law allows spouses and children of green card applicants under the CAA to also apply, with certain conditions. For instance, the familial relationship must continue until the dependent spouse or child receives a green card, and they must live with the green card applicant in the United States.

No Comments

Leave a comment
Comment Information
  • facebook
  • facebook
  • Google+

Contact Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Cuevas, Garcia & Torres, P.A.
Attorneys at Law

Miami
7480 S.W. 40th Street
Suite 600
Miami, FL 33155
Toll Free: 877-801-4135
Phone: 305-461-9500
Fax: 305-448-7300
Map and Directions

Midtown Miami
3401 North Miami Avenue 
Suite 209
Miami, FL 33127 
Map and Directions

FindLaw Network