Cubans who meet the eligibility rules can seek permanent residence by filing Form I-485 under the Cuban Adjustment Act with U.S. Citizenship and Immigration Services (USCIS). The principal applicant must be a Cuban native or citizen, have been admitted or paroled into the United States after January 1, 1959, and meet the physical-presence requirement. Admissibility also matters.
The applicant must be admissible or qualify for a waiver or another form of relief. There is no requirement for an approved family or employment petition.
A spouse or child may qualify separately. Each person files an application.
USCIS materials give different answers about time before parole
The agency’s additional instructions say that a Cuban native or citizen who had already spent at least one year physically in the country when the Department of Homeland Security granted parole may apply immediately after parole. Under that instruction, the full year need not come after the parole date.
But USCIS adjudication guidance identified as AFM 23.11 says only physical presence after admission or parole counts toward the year. The materials therefore describe different ways to measure the same eligibility period. Applicants considering time in the country before parole should account for both statements.
The form identifies the CAA basis in Part 2. Box e applies to a Cuban native or citizen who meets the entry and presence rules. Box f covers a husband, wife or minor unmarried child who lives with the qualifying Cuban and also meets those rules.
A person who entered without inspection does not meet the described entry condition. USCIS guidance says that person must first present to the agency and receive parole under INA section 212(d)(5)(A), pending a final determination of admissibility. That is a separate step.
Principal applicants must prove Cuban status, presence and entry
Beyond the standard adjustment evidence, principal applicants must document Cuban birth or citizenship and at least one year of physical presence. Evidence of the parole entry is a separate part of the filing. An I-94 or parole stamp can document that entry.
| Applicant | Examples of Cuban-status evidence |
|---|---|
| Born in Cuba | Cuban passport listing Cuba as the place of birth; Cuban birth certificate from the appropriate civil registry |
| Cuban citizen born outside Cuba | Unexpired Pasaporte de la Republica de Cuba; Certificado de Nacionalidad; Carta de Ciudadania |
A Cuban birth certificate recording a birth outside Cuba does not, by itself, prove Cuban citizenship. A Cuban consular birth record is not sufficient on its own either.
The evidence needs to establish the applicant’s status, not merely a connection to a Cuban record. Keep the entry document distinct from the nationality evidence.
A qualifying spouse or child can apply without Cuban citizenship
A spouse or child may qualify as a derivative of a Cuban who has filed for adjustment or obtained permanent residence under the CAA and still holds it. The relative must have been inspected and admitted or paroled, meet the physical-presence rule, live with the principal applicant, and be admissible or eligible for a waiver.
The derivative applicant submits evidence of physical presence, residence with the principal, and the family relationship. Cuban birth or citizenship evidence is not required. The person may apply regardless of nationality or place of birth.
Each derivative files a separate application. The principal applicant’s documents do not replace the relative’s own filing.
Three additional filings and police clearances are not required
CAA applicants do not need to file Form I-485A or Form I-643, or obtain clearances from local police jurisdictions. Under 8 CFR 245.2(a)(3)(iv), completing the adjustment application and undergoing USCIS background checks satisfies those requirements.
Translations must preserve Cuban records as printed
Every Cuban document submitted needs a complete English translation and a signed statement certifying that the translator is competent in both languages and the translation is complete and accurate. Common records include a passport, carnet de identidad, certificación de nacimiento from the Registro Civil, and sometimes a certificación de ciudadanía.
- Copy the tomo and folio numbers, municipality and province exactly as printed. Those details form part of the birth record.
- Put each registry annotation, including a correction or recognition of a child, on its own line so it can be matched to the original.
- Translate the back of the carnet de identidad and every stamped passport page included in the filing. Mark unreadable entries “illegible” rather than guessing.
- Keep names in the passport spelling and retain both Cuban surnames in their printed order. Do not merge or omit them.
- Do not translate the I-94 or parole records, which are issued in English. Names in translated Cuban records should match those records.
If a Cuban registry cannot issue a document, the applicant must show that it is unavailable and provide secondary evidence. Translate each Spanish-language item separately.
The Department of State’s Cuba entry in its Reciprocity Schedule can help applicants check which civil documents exist and which versions are acceptable before ordering translations.
