1. What is the Cuban Adjustment Act (CAA)?

The Cuban Adjustment Act (CAA) is a federal law which grants legal permanent residence to any Cuban national who has been physically present in the United States for at least one year, regardless of his or her immigration status. It was enacted in 1966, in response to the influx of Cuban refugees who fled the regime of Fidel Castro. The CAA is generally considered to be the United States’ most liberal refugee law, as it allows Cubans who arrive illegally to eventually become lawful permanent residents.

2. Who is eligible for an immigrant visa under the Cuban Adjustment Act?

The Cuban Adjustment Act is available to any alien who is a native or citizen of Cuba and who has been admitted or paroled into the United States after January 1, 1959. The applicant must have continuously resided in the United States for at least one year and must be physically present in the United States at the time of filing the application. Furthermore, the applicant must be admissible to the United States as an immigrant, or be granted a waiver of the grounds of inadmissibility.

3. How do I apply for an immigrant visa under the Cuban Adjustment Act?

To apply for an immigrant visa under the Cuban Adjustment Act, you must first be a Cuban national who has been admitted or paroled into the United States. You must then meet certain eligibility requirements, which include being present in the United States for at least one year and one day and having been inspected and admitted or paroled into the U.S. You must also establish that you have been physically present in the United States for at least one year prior to filing your immigrant visa application with the U.S. Department of State. After meeting these criteria, you must submit Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents and fees to U.S. Citizenship and Immigration Services (USCIS).

4. What documents will I need to submit along with my application for an immigrant visa under the Cuban Adjustment Act?

You will need to submit a valid Cuban passport or Cuban travel document, Form I-485 (Application to Register Permanent Residence or Adjust Status), Form I-693 (Medical Examination of Aliens Seeking Adjustment of Status), Form I-765 (Application for Employment Authorization), and Form G-325A (Biographic Information). Additionally, you may need to submit documents that show the details of your entry into the United States, such as your Form I-94, or other evidence of your presence in the United States since the date of your entry.

5. What are the requirements for establishing permanent residence under the Cuban Adjustment Act?

To establish permanent residence under the Cuban Adjustment Act, an individual must meet the following requirements:

1. Have been inspected and admitted or paroled into the United States;
2. Have been physically present in the United States for at least one year;
3. Be a native or citizen of Cuba;
4. Be admissible to the United States as an immigrant, except for certain criminal and security-related grounds of inadmissibility; and
5. Have been inspected and admitted or paroled into the United States after January 1, 1959.

6. How long does it take to process an immigrant visa application under the Cuban Adjustment Act?

According to the U.S. Department of State, the processing of an immigrant visa application under the Cuban Adjustment Act can take 4-6 months from the date of filing to the granting of the visa.

7. Can I work in the United States while my application for an immigrant visa under the Cuban Adjustment Act is being processed?

No. The Cuban Adjustment Act does not provide for any type of work authorization.

8. What are the consequences if I remain in the United States after my application for an immigrant visa under the Cuban Adjustment Act has been denied?

If you remain in the United States after your application for an immigrant visa under the Cuban Adjustment Act has been denied, you may be removed from the United States by Immigration and Customs Enforcement. The consequences of removal could include deportation to your country of origin, as well as potential criminal penalties. Additionally, you may be ineligible for certain future immigration benefits.

9. Are there any restrictions on where I can live in the United States after obtaining an immigrant visa under the Cuban Adjustment Act?

No. There are no restrictions on where an immigrant visa holder can live in the United States after obtaining the visa under the Cuban Adjustment Act.

10. What are some of the financial responsibilities associated with obtaining an immigrant visa under the Cuban Adjustment Act?

Some of the financial responsibilities associated with obtaining an immigrant visa under the Cuban Adjustment Act include paying the necessary fees for the visa application, paying for the transportation to the United States, and paying for medical examination fees and other related expenses. Additionally, those applying for a Cuban Adjustment Act visa may be required to demonstrate to the State Department that they have sufficient financial resources to support themselves upon arriving in the United States. They may also be required to provide proof of employment or other forms of financial support such as family members in the US who can provide financial assistance. Finally, applicants may need to pay fines or back taxes owed to the US government.

11. Are there any family members who are eligible to obtain immigration status through me if I receive an immigrant visa under the Cuban Adjustment Act?

Yes, certain family members may be eligible to obtain immigration status through you if you receive an immigrant visa under the Cuban Adjustment Act. These relatives include your unmarried children under 21 years old, your spouse, and your parents (if you are 21 or older).

12. How long will it take for me to become a U.S. citizen once I obtain an immigrant visa under the Cuban Adjustment Act?

It can take up to 18 months for the process to be completed, although it may be shorter or longer depending on the individual circumstances.

13. Can I travel abroad after receiving my immigrant visa under the Cuban Adjustment Act?

Yes, you can travel outside the United States after obtaining your immigrant visa under the Cuban Adjustment Act. However, it is important to note that if you have been physically present in the United States for fewer than one year, it is possible that you may be subject to certain restrictions or conditions upon your return. Therefore, it is recommended that you consult with an immigration attorney to better understand your rights and obligations before traveling abroad.

14. What if my family member has a criminal record; will he/she be able to get an immigrant visa under the Cuban Adjustment Act?

No. The Cuban Adjustment Act does not provide for any special relief or waivers for those individuals with a criminal record. Your family member must meet all other eligibility requirements to be able to receive an immigrant visa under the Cuban Adjustment Act.

15. What happens if I lose my immigrant visa or it is stolen; can I replace it?

If your immigrant visa is lost or stolen, you must contact the U.S. Embassy or Consulate where you applied for the visa. They can assist you in obtaining a replacement.

16. Does my employer have to know that I am applying for an immigrant visa under the Cuban Adjustment Act?

No, your employer does not need to know that you are applying for an immigrant visa under the Cuban Adjustment Act. However, you should make sure that your employer is aware of any changes in your immigration status and any new documentation you may receive during the process.

17. Is there any form of financial assistance available to help cover expenses associated with obtaining an immigrant visa under the Cuban Adjustment Act?

No, there is not. The Cuban Adjustment Act does not provide for any form of financial assistance to cover the costs associated with obtaining an immigrant visa. Applicants may be able to seek assistance from outside sources such as charities, religious organizations, or private entities.

18. Are there any social services available to help me adjust to life in the United States after receiving an immigrant visa under the Cuban Adjustment Act?

Yes, many social services are available to help Cuban immigrants adjust to life in the United States. These include services such as language classes, employment assistance, financial literacy classes, legal assistance, and education and cultural exchange programs. Additionally, the Cuban-American Communities of Miami-Dade County and the Cuban-American Service Association (CASA) offer a variety of services to help immigrants adjust to life in the United States.

19. Will my health insurance cover me while my application for an immigrant visa is being processed under the Cuban Adjustment Act?

Your health insurance is unlikely to provide coverage while you are in the process of applying for an immigrant visa under the Cuban Adjustment Act.

20. Will I be eligible for a green card after obtaining an immigrant visa under the CAA?

No, you are not eligible for a green card after obtaining an immigrant visa under the CAA. However, you may be eligible for a green card after being admitted to the U.S. as a lawful permanent resident (LPR). You must meet all requirements to become an LPR, including having a valid immigrant visa, passing an inspection at a port of entry, and meeting all other applicable criteria. Once you have been admitted as an LPR, you may apply to the U.S. Department of Homeland Security for a green card.