The Cuban Adjustment Act of 1966 was enacted in response to the mass exodus of Cubans fleeing their home country. The law was created to allow eligible Cubans who have been in the United States for at least a year to apply for a green card. This year, changes have been made which will give many Cubans who were previously turned away another chance at residency.
To qualify, you must be a citizen of Cuba or native to the country. You must have been admitted to the United States, paroled in, or released under your own recognizance. You must have resided in the United States for at least one year, and be otherwise eligible for a green card or a waiver of inadmissibility.
Previously, being released under your own recognizance would exclude you from eligibility for a green card under the Cuban Adjustment Act. However, recent changes in USCIS policies have allowed for some applicants who were released on their own recognizance to still be eligible for a green card. In February 2022, however, the USCIS announced that it would be changing its standing policy on the Cuban Adjustment Act. Applicants who were previously released under their own recognizance and found to be ineligible for a green card will now be eligible to have their cases reopened and reconsidered, which could lead to a change of status or a green card.
While the new policy only applies to applicants who were released under their own recognizance and previously denied eligibility for a green card, it is a very significant development for those affected. The ability to re-open a previously denied case can make all the difference for those who have been trying to gain legal permanent residency in the United States.
While a green card status can’t be guaranteed in every case, the Cuban Adjustment Act offers a chance for many Cubans who have spent years living in the United States to finally gain permanent residency. If you believe you are eligible and would like to apply for a green card under the Cuban Adjustment Act, Rotella & Hernandez is here to help. We’re prepared to use our extensive experience in immigration law to provide you with the support and guidance you need to make your application a success. If you were previously released under your own recognizance, contact us today at 305-596-3618 for more information on what we can do for you.