Cuban Adjustment Act

The Cuban Adjustment Act in the United States remains in effect in 2026 and continues to be one of the most important pathways for Cuban nationals to obtain lawful permanent residence.

This federal law allows eligible applicants to apply for a Green Card after completing at least one year of physical presence in the U.S. and having been inspected and admitted, or granted parole. To explore other available options, you can also review our guide on how to get a Green Card.

In this article, you’ll find:

• What the Cuban Adjustment Act is and who it protects.
• Main requirements and expected timelines.
• Legal alternatives if you don’t qualify under the CAA.

Note: There is a proposed bill known as the “Venezuelan Adjustment Act.” As of now, it is a legislative initiative (not a law currently in effect), and its status may change depending on Congress.

In practice, this law has been a key tool for hundreds of thousands of Cuban families seeking long-term immigration stability. Still, major questions continue to shape many cases today: What happens if you were issued an I-220A instead of parole? What if your case is delayed? What real advantages does the CAA offer compared to options like asylum in the United States?

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Below, we break down the historical context and recent developments that help explain why the CAA remains one of the most unique immigration laws in the U.S.

Timeline and latest updates on the Cuban Adjustment Act

The history and latest updates on the Cuban Adjustment Act reflect more than five decades of immigration policy shifts and key legal decisions:

• 1966: The CAA is enacted, allowing lawful permanent residence after two years in the U.S.
• 1976: The requirement is reduced to one year of physical presence.
• 1995: The “wet foot, dry foot” policy is implemented.
• 2017: That policy ends, but the CAA remains in effect.
• Recent: The BIA has reiterated in recent decisions that an I-220A is not the same as parole. At the same time, litigation and legal strategies continue in multiple courts, so each case must be evaluated individually.

In short, the Cuban Adjustment Act remains one of the most distinctive immigration laws in the United States.

Requirements to apply under the Cuban Adjustment Act (what USCIS looks for in 2026)

If you’re looking for the requirements to apply under the Cuban Adjustment Act or information about Cuban Adjustment Act requirements, these are the key points:

• Be a Cuban citizen or national. You must prove this with a Cuban passport, Cuban birth certificate, or a certificate of Cuban citizenship.
• Be physically present in the United States for at least one year before filing Form I-485.
• The one year of presence must be completed before you submit Form I-485.
• Have been inspected and admitted, or granted parole, after January 1, 1959. This is the most challenging issue today: generally, people issued an I-220A are not considered admitted or paroled for CAA adjustment purposes, according to recent BIA decisions. You can learn more in our post on what parole is.
• Be admissible to the U.S. If you have a ground of inadmissibility, you may need an immigration waiver such as Form I-601 or I-212 (see the inadmissibility and waivers section).

Required documents

When filing the Form I-485 based on the CAA, USCIS typically requests:

• Cuban passport, valid or expired, showing your nationality.
• Cuban birth certificate, as additional proof.
• Form I-94 or an admission/parole document issued by CBP at entry.
• Evidence of physical presence in the U.S. for at least one year (receipts, bills, medical records, school records, or employment records).
• Two recent passport-style photos.
• A copy of a government-issued ID (state or federal).
• Criminal records/court dispositions, if you’ve had arrests or criminal proceedings.

Practical checklist for Cuban applicants

• Form I-485 completed correctly.
• Proof of continuous physical presence in the U.S. (at least 12 months).
• Evidence of admission or parole (I-220A does not qualify as parole).
• Filing fees: I-485 $1,440 (for applicants age 14 and older). Children under 14 filing with a parent: $950.
• Marriage or birth certificate if you’re including family members.

Practical example: José, a Cuban citizen, entered the U.S. in April 2024 with humanitarian parole. In April 2025, he completed one year of physical presence and filed his I-485. With his Cuban passport, his I-94 showing parole, and proof of physical presence, José is eligible under the CAA.

How long does Cuban Adjustment Act residency take, and what are the current costs?

One of the most common questions is how long it takes to get a Green Card through the Cuban Adjustment Act. For better planning, it also helps to review current USCIS fees and recent processing-time trends.

Cuban adjustment costs in 2026 (current fees)

Filing Form I-485 under the CAA requires paying USCIS filing fees. The amounts in the table align with the current I-485 fee structure (including the special rate for children under 14 filing with a parent).

Applicant group	I-485 fee	Biometrics fee	Total due
Children under 14 (filing with a parent)	$950	Included	$950
Children under 14 (filing without a parent)	$1,440	Included	$1,440
Ages 14 to 78	$1,440	Included	$1,440
Ages 79 and older	$1,440	Included	$1,440

Note: For Form I-485, USCIS does not charge a separate biometrics fee outside these amounts; the biometrics cost is included in the applicable filing fee.

Costs for additional forms

As of April 1, 2024, the following forms are no longer free, even when filed together with Form I-485:

• Form I-765 (work permit): $520 (in some cases, a reduced fee may apply if filed online under certain categories tied to a pending I-485).
• Form I-131 (advance parole travel document): $630

These fees are separate unless the applicant qualifies for a fee waiver through Form I-912.

Fee waivers and special cases

People filing adjustment of status as refugees or asylees may be exempt from paying the I-485 fee.

Recent processing times

Processing times vary by office and workload. As a practical reference, in recent months many I-485 cases have fallen within wide ranges, and in some offices they can exceed 24 months. The best practice is to check USCIS’ official estimate before filing.

• Adjustment of status (Form I-485, including CAA cases): office-by-office ranges; in some locations it may be under a year, while in others it may exceed 24 months.
• Work permit (Form I-765): can vary significantly depending on category and service center.
• Advance Parole (Form I-131): also varies by office and request type; plan with extra time.

We recommend using USCIS’ official processing times tool before submitting any application.

Quick guide (Summary)

Step in the process	Average time
Preparation and filing	Immediate
Biometrics	1–2 months
EAD issuance	Varies by case
Advance parole travel document	Varies by case
Final decision (Green Card)	Varies by office

Special scenarios: parole vs. I-220A

One of the most critical issues today is the difference between parole and an I-220A. This detail often determines who can—and who cannot—seek lawful permanent residence under the CAA.

If you have parole

• You meet the requirement of being “inspected and admitted or granted parole.”
• You can apply for permanent residence after one year of physical presence in the U.S.

If you were issued an I-220A

• An I-220A is an order of release on recognizance/supervision (it is not an entry document and it is not parole).
• The BIA has reiterated in recent decisions that an I-220A is not the same as parole. Although litigation exists, there is no broad change converting I-220A into parole for CAA purposes.

Side-by-side example

• Luis (parole): entered with parole in May 2024. In May 2025, he applies for a Green Card under the CAA.
• Ana (I-220A): entered the same month but was issued an I-220A. If she tries to apply, USCIS may deny because she lacks admission/parole. She should explore alternatives such as asylum in the United States, a family-based petition, or VAWA.

Authority note: Recent decisions reiterate that an I-220A is not parole. Unless there are legal or court changes that apply to your jurisdiction, it does not qualify someone for CAA adjustment.

Benefits of the Cuban Adjustment Act

Cubans who successfully apply under the CAA may access important benefits:

• Lawful permanent residence (Green Card).
• The opportunity to become a U.S. citizen after 5 years as a permanent resident (general rule).
• Potential eligibility for certain immediate relatives, such as a spouse and unmarried children under 21 (if they qualify as derivatives).
• Work authorization through Form I-765.
• The option to apply for a travel document (Form I-131) while the case is pending.
• Special protections under VAWA for victims of domestic violence (if applicable).

Grounds of inadmissibility and possible waivers

Although the Cuban Adjustment Act (CAA) offers unique benefits, applicants must be admissible under the Immigration and Nationality Act (INA §212).

Some grounds can prevent adjustment to lawful permanent residence:

Main applicable grounds of inadmissibility

• Criminal history: serious crimes, controlled substances, or crimes involving moral turpitude.
• Immigration fraud: false documents, misrepresentations, or sham marriages.
• Health-related grounds: certain communicable diseases without treatment, or missing required vaccines.

Grounds that do not apply under the CAA

• Public charge.
• Labor certification.
• Visa documentation requirements.

Available waivers

Some of these issues may be addressed through different types of immigration waivers:

• Form I-601: to waive certain inadmissibility grounds (depending on the case).
• Form I-212: to request permission to reenter after removal/deportation or a forced departure.
• Form I-612: to waive the home-residency requirement in certain J-1/J-2 situations.

Practical example

• Carlos (minor prior issue): USCIS requests additional evidence. With the right strategy and legal support, the case may proceed if it is waivable.
• Marta (immigration fraud): USCIS may deny the adjustment, and the person may need a waiver (if eligible) or another path.

What is the Cuban Adjustment Act, and how do you apply for a Green Card step by step?

The path to a Green Card under the CAA follows a specific order. This streamlined summary helps you focus on what matters most:

1) Confirm eligibility

• Be a Cuban citizen or national.
• Complete 1 year of physical presence in the U.S.
• Have admission or parole (not an I-220A) for CAA purposes.

2) Gather documents

• Cuban passport/birth certificate.
• I-94 or evidence of admission/parole.
• Proof of physical presence (12 months).

3) File Form I-485

• Submit Form I-485 with the required filing fees.
• If needed, file Forms I-765 and I-131 knowing they have separate fees.

4) Biometrics and possible RFEs

• USCIS schedules biometrics.
• If there are questions (for example, your manner of entry), USCIS may issue a Request for Evidence (RFE).

5) USCIS decision

• Approval: you receive your Green Card.
• Denial: you may have options such as a motion (Form I-290B) or alternative strategies depending on your procedural posture.

Applications for qualifying family members

The Cuban Adjustment Act (CAA) may also benefit certain immediate family members of the principal applicant:

• Non-Cuban spouse.
• Unmarried children under 21, even if they hold another nationality.

Additional requirements for family members

Each derivative family member must:

• File their own Form I-485.
• Prove the family relationship with records (marriage/birth certificates).
• Include evidence that the Cuban family member meets the CAA requirements (for example, a copy of the I-94 or the I-485 receipt notice).

Important: If the Cuban principal applicant’s case is denied, derivative family members cannot obtain permanent residence through this law.

Alternatives if you don’t qualify under the Cuban Adjustment Act

Not all Cubans meet the requirements of the Cuban Adjustment Act (CAA), especially those issued an I-220A or those facing inadmissibility issues. In those situations, other immigration options may be available:

Political asylum

• In general, it must be filed within the first year after arriving in the U.S. (with limited exceptions).
• You must show a well-founded fear of persecution on a protected ground.

Benefit: If asylum is approved, the asylee may apply for lawful permanent residence after completing 12 months from the grant.

Family-based petitions

• If you have a U.S. citizen spouse, parent, or child, a family-based adjustment path may be available (depending on your immigration history and admissibility).
• Lawful permanent resident family members may also petition, although there can be wait times due to visa quotas.

Key update (December 2025 / January 2026): DHS published a Federal Register notice to terminate certain Family Reunification Parole (FRP) processes, including those associated with Cuba. Later, a federal judge temporarily blocked parts of that termination while litigation continues. As a result, the practical impact may depend on the type of parole, the status of the case, and the jurisdiction, and should be reviewed before taking action.

VAWA (Violence Against Women Act)

• Available to spouses, children, or parents of U.S. citizens or lawful permanent residents who have experienced domestic violence or extreme cruelty.
• May allow you to seek permanent residence without relying on the abuser (if eligibility requirements are met).

Humanitarian parole or other programs

• In recent years, programs such as CHNV (for Cubans, Haitians, Nicaraguans, and Venezuelans) existed based on humanitarian parole.
• In March 2025, DHS published a notice to terminate the CHNV program. After that, litigation shaped how the program continued, and termination was allowed to move forward while court cases proceeded. For that reason, any strategy relying on parole should be reviewed case-by-case with an attorney before you act.

Employment-based visas or the Diversity Visa Lottery

These are less common, but they remain legal options to pursue U.S. permanent residence if you meet the requirements.

If the CAA does not apply, other options may include asylum, a family petition, VAWA, or consular processing.

Difference between asylum and the Cuban Adjustment Act

Many Cubans wonder whether they should apply for asylum or wait to apply under the CAA. Understanding the difference between asylum and the Cuban Adjustment Act is essential:

Factor	Cuban Adjustment Act	Asylum
Requirements	Be a Cuban citizen/national, 1 year in the U.S., and admission or parole.	Show past persecution or a well-founded fear of persecution in Cuba.
Timing	Apply after 1 year of physical presence.	Generally must be filed within 1 year of arrival.
Evidence	Identity + proof of admission/parole.	Persecution evidence, testimony, human rights reports, etc.
Benefits	Green Card; possible derivative benefits for family; path to citizenship.	Green Card after 1 year from asylum approval; protection from removal while pending.
Risks	Problems if you only have an I-220A or inadmissibility issues.	Higher burden of proof; risk if the case is not strong.

Frequently asked questions about the Cuban Adjustment Act

Can I apply under the Cuban Adjustment Act if I have an I-220A?

In general, no. An I-220A is an order of supervision, not parole and not a lawful admission. That’s why many CAA filings based on an I-220A are denied, except in very specific scenarios that require a legal analysis.

What if my parole already expired?

If you were granted parole, its expiration does not necessarily eliminate eligibility under the CAA. Still, your full immigration situation should be reviewed before filing Form I-485.

Can I travel outside the U.S. while my I-485 is pending?

Yes, but only if you obtain Form I-131 (advance parole) first. If you leave without that permission, USCIS may treat the application as abandoned.

How long does it take to get permanent residence through the Cuban Adjustment Act in 2026?

It depends on the local office and workload. Check USCIS’ official processing times tool before you file.

Can I include my spouse or children even if they are not Cuban?

Yes. A spouse and unmarried children under 21 may apply as derivative beneficiaries if the principal applicant is Cuban and meets the requirements.

Is the CAA still in effect in 2026?

Yes. Even though policies like “wet foot/dry foot” ended in 2017, the Cuban Adjustment Act of 1966 remains active and continues to apply to new cases.

Experience matters in your Cuban adjustment application

The Cuban Adjustment Act remains a valuable opportunity for Cuban immigrants, but the process has become more demanding due to the debate over I-220A, parole/admission criteria, and recent changes to parole-based programs.

With the information in this guide, you can get a clear picture of the steps, requirements, and approximate timelines for seeking a Green Card under the CAA.

However, every case is different. A poorly presented detail or incomplete evidence can affect the outcome.

At Lluis Law, our immigration lawyers in Los Angeles—including attorneys of Cuban origin—have more than 60 years of combined experience helping immigrant families.

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Contact us today for a consultation and learn how we can guide you step by step toward your lawful permanent residence under the Cuban Adjustment Act.