Becoming a Lawful Permanent Resident under the Cuban Adjustment Act

A Cuban immigrant who has reached U.S. shores and has lived here for one year can apply to become a lawful permanent resident under the Cuban Adjustment Act (CAA) of 1966. The Act gives special preference to those who assert they are seeking asylum from Cuba's government.

History of the CAA

The Cuban Adjustment Act of 1966 applies to "any native or citizen of Cuba who has been inspected and admitted or paroled into the United States after January 1, 1959 and has been physically present for at least one year; and is admissible to the United States for Permanent Residence."

U.S. legislators enacted the CAA in response to Fidel Castro's January 1, 1959 overthrow of Fulgencia Batista's governmental rule in Cuba. Fearing the new regime, Cubans began fleeing to the U.S. By 1966, hundreds of thousands had settled in the U.S. but had no designated status. The U.S. sought to regularize the asylees's status through the CAA.

1996 Adjustment - Wet Feet/Dry Feet Policy

In 1994, over 35,000 rafters arrived on Florida's shores and both the U.S. and Cuba realized that they needed to normalize the migration policy between the countries. The countries reached an agreement and as a result of the talks, the U.S. revised the Act in 1996. The resulting revision became commonly known as the "Wet Feet/Dry Feet Policy." Under the revision, only those Cubans who make it to dry land with "dry feet" are permitted to stay and subsequently adjust their immigration status after a year. Those who are caught by the U.S. Coast Guard before making it to dry land are considered to have "wet fee" and are repatriated to Cuba unless they can prove that they will be persecuted if returned.

How to Apply Under the Act

If a Cuban asylee makes it to dry land, he or she can apply for lawful permanent residence if:

• they have resided in the U.S. for a year;
• they have been formally admitted or paroled; and
• they are legally admissible

Many of the requirements provided by Section 245 of the Immigration and Nationality Act do not apply to those eligible under the CAA. Immigrants under CAA are not subject to immigration caps and do not need to arrive at a specified port of entry. Since there are no caps, those eligible do not need have to rely on an immigration petition by a family member or employer.

If the applicant is inadmissible on any other grounds than those above, the applicant is ineligible for adjustment under the CAA unless the applicant is eligible for, and has obtained, a waiver of inadmissibility.

Family Members

The CAA extends to the spouse and children of a paroled Cuban immigrant no matter the member's country of origin. The immigrant needs to show:

• the relationship continues to exist up until the spouse and/or child adjusts their status;
• the spouse and children are residing with the principal immigrant in the U.S.;
• they formally apply for adjustment of status under the CAA;
• they are eligible to receive an immigrant visa; and
• they are admissible to the U.S. for permanent residence

Find an Attorney

If you are a Cuban immigrant who has been legally paroled and has resided in the U.S. for a year or more, you may apply for lawful permanent residence in the U.S. This privilege also applies to your spouse and children. Consult with an attorney experienced with immigration laws, particularly the CAA, to determine what you need to do to adjust your status.