The Cuban Adjustment Act of 1966 (CAA) allows Cuban natives or citizens living in the United States who meet certain eligibility requirements to apply to become lawful permanent residents (get a Green Card).
In order to be eligible for a Green Card under the CAA, you must meet the following requirements:
The biggest hurdle for most Applicants is the 3rd requirement: was I properly inspected and admitted or paroled into the United States? This question arises most often for Cuban nationals who came into contact with immigration officials upon entry to the U.S. and were released on their own recognizance (given a Form I-220A).
For years immigration law has stated that receiving a Form I-220A and being released on one’s own recognizance was not the equivalent of being “paroled” under the law. However, a recent USCIS policy announcement in February 2022[1] has opened the door for this to change. Under this new guidance, any Cuban national who was given an I-220A, previously applied for Adjustment under the CAA and their application was denied solely on the determination that they did not establish that they had been admitted or paroled as required, can now either file a Motion to Reopen their previously denied case or simply file a new Adjustment application stating that they meet the qualifying criteria and are eligible for green card status.
If you are curious to learn more about this application and whether or not you are eligible for lawful permanent resident status through this process, please contact our office and speak with one of our highly experienced professionals today!
[1]
https://www.uscis.gov/sites/default/files/document/notices/USCIS_CAA_AA_485_Denied_NoParole_Process-Feb232022.pdf
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.