The Cuban Adjustment Act of 1996 provides for a special procedure under which Cuban natives or citizens and their accompanying spouses and children may become Lawful Permanent residents (obtaining a green card). The Cuban Adjustment Act gives the Attorney General the discretion to grant permanent residence to Cuban natives or citizens applying for a lawful permanent residence 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 lawful 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 Cuban Adjustment Act, 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 lawful permanent residence if USCIS has paroled the individual into the United States.
The following inadmissibility grounds do not apply to individuals filing for benefits under the Cuban Adjustment Act:
- Public charge.
- Arriving at a place other than an open port of entry provided USCIS paroled the individual into the United States.
If the individual is inadmissible on any other ground(s), he or she is not eligible to apply for lawful permanent residence under the Cuban Adjustment Act unless he or she has obtained a waiver of inadmissibility.
Family Member of Cuban Native or Citizen Applying Under the Cuban Adjustment Act
The spouse and children of an individual applying for a lawful permanent residence under the Cuban Adjustment Act may also apply for benefits under the Cuban Adjustment Act regardless of their country of citizenship or place of birth, if:
- The relationship continues to exist until the dependent spouse or child receives lawful permanent residence.
- The spouse and children are residing with the individual applying for a lawful permanent residence under the CAA in the United States.
- The spouse and children apply for a lawful permanent residence under the Cuban Adjustment Act.
- The spouse and children are eligible to receive an immigrant visa
- The spouse and children are otherwise admissible to the United States for such permanent residence.
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