Domenick Anthony Cama Law, P.A.

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The Cuban Adjustment Act may help Cubans and their families

On Behalf of | Jun 24, 2022 | Immigration |

Miami has long had a vibrant Cuban population. Cuban immigration is a newsworthy topic and stokes an emotional response due to the difficulties people have endured there over the past 60-plus years. For many people who want to come to the United States from Cuba, they do so illegally and need to find ways to stay in the United States.

For those who are already in the U.S., they might want family members to come as immigrants and receive their green cards. Despite Cuban immigration being a longstanding topic, it is still relevant today. People should be aware of the law and how it could impact their objectives.

Understanding the Cuban Adjustment Act 1966

Based on the Cuban Adjustment Act of 1966 (CAA), Cubans who are living in the U.S. and are deemed eligible to get a green card can do so. There are basic rules to be eligible. It is only available for natives or citizens of Cuba; they must have been admitted or paroled after Jan. 1, 1959; they must have been physically in the U.S. when filling out Form I-485; they must have been in the U.S. for one year when filing that form; they must be admissible to be a permanent resident or able to get a waiver for their inadmissibility; or they are subject to the agency’s discretion to be allowed to stay.

For family members, the CAA can also be used to get a green card. This is for people who are not Cuban natives or citizens but are married to a Cuban citizen or are a child younger than 21 of a Cuban citizen who meets all the requirements of the law. The duration of the relationship is irrelevant when applying. When the relationship began is also irrelevant.

Cuba and the U.S. are again discussing migration and previous agreements

This is especially important now because of the complex relationship between the United States leadership and Cuba’s leadership. Recently, talks about migration were held between the countries for the first time in four years. This is due to migrants from Cuba coming in illegally from the southern border.

Before the rules were changed under the previous presidential administration, the U.S. gave 20,000 immigrant visas to Cubans each year in exchange for Cuba allowing flights to deport those who were in the U.S. illegally or were inadmissible. Cuban deportations have been limited since late 2021 when only 20 were deported. In 2020, there were 1,583 such deportations. Cubans who are paroled after entering the U.S. illegally can seek asylum or use the Cuban Adjustment Act to remain.

Cuban immigrants should have professional advice with their situation

Since immigration is a major issue today, it is important for people who want a green card or are trying to have family members come to the U.S. legally to understand their rights. The Cuban situation is often difficult, but the community is vast and people are welcoming. Those who believe they are eligible for their green card under CAA should have professional assistance with their case. This is true regardless of the circumstances and guidance from legal professionals who speak their language, understand their plight and want to help is key.