The Cuban Adjustment Act: how a Green Card under the CAA works

The Cuban Adjustment Act of 1966 (Public Law 89-732) lets a native or citizen of Cuba who was inspected and admitted or paroled into the United States after January 1, 1959, and who has been physically present for at least one year, apply for permanent residence on Form I-485. USCIS describes the process on its page “Green Card for a Cuban Native or Citizen” (last reviewed July 8, 2025; checked October 19, 2026). The same page covers the spouse and unmarried children under 21 of a qualifying Cuban, including spouses who are not Cuban.

This page sets out what the statute says and what USCIS lists. It does not assess whether any particular person qualifies.

What the statute says

Section 1 of the Act, as it reads today in the note to 8 U.S.C. 1255 (U.S. Code, 2023 edition, govinfo.gov), covers any person “who is a native or citizen of Cuba and who has been inspected and admitted or paroled into the United States subsequent to January 1, 1959 and has been physically present in the United States for at least one year”. Adjustment is discretionary: the statute says status “may be adjusted by the Attorney General, in his discretion”.

Three more points in the statutory text:

  • The permanent-residence date is set back. The statute directs that the record of admission for permanent residence be dated “thirty months prior to the filing of such an application or the date of his last arrival into the United States, whichever date is later.”
  • Spouses and children are covered “regardless of their citizenship and place of birth”, if they are residing with the Cuban in the United States. A spouse or child “who has been battered or subjected to extreme cruelty” may adjust without showing that they reside with the Cuban spouse or parent.
  • The presence period was shortened. The original 1966 text (80 Stat. 1161) required physical presence “for at least two years”; the current text says one year. The Code note lists amendments in 1976, 1980, 2000 and 2006.

When the law would end

A 1996 provision printed in the same Code note (Pub. L. 104-208, div. C, §606) says Public Law 89-732 “is repealed effective only upon a determination by the President under section 203(c)(3)” of the LIBERTAD Act “that a democratically elected government in Cuba is in power.” The repeal “shall not apply to aliens for whom an application for adjustment of status is pending on such effective date.” As of October 19, 2026, the USCIS page still describes how to file under the CAA.

The requirements USCIS lists

USCIS lists these requirements for a principal applicant (as of its July 8, 2025 page):

  1. Properly filing Form I-485, Application to Register Permanent Residence or Adjust Status.
  2. Being a native or citizen of Cuba.
  3. Having been inspected and admitted or paroled after January 1, 1959.
  4. Physical presence in the United States for at least one year at the time Form I-485 is filed.
  5. Physical presence in the United States on the filing date.
  6. Being admissible for permanent residence, or eligible for a waiver or other form of relief.
  7. Meriting a favorable exercise of USCIS discretion.

Parole and the one-year clock. USCIS says: “If DHS paroles you, and you have already been physically present in the United States for at least one year at the time DHS paroles you, then you may apply for adjustment of status immediately after being paroled. Your one-year period of physical presence does not need to follow the parole.” For how parole differs from status, see parole is not asylum and it is not a status.

J-1 and J-2 exchange visitors. USCIS says a person subject to the two-year foreign residence requirement may not adjust unless they have complied with it, received a waiver, or received a Department of State recommendation for a waiver (Form I-612).

Proving Cuban birth or citizenship

SituationExamples USCIS gives
Born in CubaAn expired or unexpired Cuban passport listing Cuba as place of birth; a Cuban birth certificate from the civil registry in Cuba
Cuban citizen born outside CubaAn unexpired Cuban passport; a Certificado de Nacionalidad; a Carta de Ciudadanía
Not sufficient, per USCISA Cuban consular certificate documenting birth abroad to a Cuban parent, even if it states the person is a Cuban citizen; a Cuban birth certificate or consular record acknowledging birth outside Cuba

The Cuban documents themselves come from the Cuban consular office: see Cuba passport renewal from the US and all Cuba consular procedures.

Inadmissibility: three grounds that do not apply

USCIS says all grounds of inadmissibility in INA 212(a) apply to CAA applicants except:

  • public charge (INA 212(a)(4));
  • labor certification (INA 212(a)(5));
  • documentation requirements (INA 212(a)(7)(A)).

For any other ground that applies, USCIS names Form I-212 (permission to reapply after deportation or removal) and Form I-601 (waiver of grounds of inadmissibility). It adds that whether a waiver is available “depends on the specific inadmissibility ground(s)”. Background: public charge and the 3- and 10-year bars.

What USCIS lists for the principal applicant’s filing

  • Form I-485 (our Form I-485 page)
  • Two passport-style photographs
  • A copy of a government-issued photo ID
  • A copy of the birth certificate
  • Evidence of being a Cuban native or citizen
  • Evidence of at least one year of physical presence before filing
  • The passport page with a nonimmigrant visa, and with the admission or parole stamp (if applicable)
  • Form I-94 or the CBP admission or parole stamp; USCIS notes an electronic I-94 can be printed at cbp.gov/I94
  • Form I-693 or a partial I-693, if required; USCIS says it “must” be submitted with the I-485 (immigration medical exam)
  • Certified police and court records of any charges, arrests or convictions
  • Forms I-601 or I-212, J-1/J-2 documents, and Forms I-508 and I-566 for A, G or NATO status, where they apply

Fee. USCIS states that “Certain forms, including Form I-485, have a filing fee” and points to its Filing Fees page and its Fee Schedule (Form G-1055). This page does not reproduce the amount.

Spouses and children (“ajuste cubano por matrimonio”)

USCIS lists a family-member route for a person who is not a Cuban native or citizen but is the spouse or unmarried child under 21 of a Cuban native or citizen who meets the CAA requirements. As of its July 8, 2025 page, USCIS says:

  • Length of relationship does not matter. “You may apply under the CAA regardless of how long your relationship has existed. Whether your relationship began before or after your Cuban spouse or parent adjusted to lawful permanent resident status does not matter.”
  • The Cuban’s own category does not matter. The family member may apply “as long as your Cuban spouse or parent meets the requirements of the CAA”, even if the Cuban spouse or parent adjusts in a different Green Card category.
  • Three filing moments. Together with the Cuban spouse’s or parent’s I-485; while that I-485 is pending (in both cases it must be approved in the end); or after it is approved, “as long as your spouse or parent is still a lawful permanent resident.”
  • The family member’s own conditions. Inspected and admitted or paroled after January 1, 1959; one year of physical presence at filing; residing with the Cuban spouse or parent; admissible or eligible for a waiver; and a favorable exercise of discretion.

In addition to the principal’s list, USCIS lists for family members: proof of the relationship (marriage certificate, birth certificate or adoption decree), proof that the spouse or parent is a Cuban native or citizen, a copy of the spouse’s or parent’s I-797 notice or Green Card when not filing together, and evidence of residing together.

The statute adds the residence exception for a spouse or child “who has been battered or subjected to extreme cruelty”, and keeps treating a spouse who resided with the Cuban as a spouse for 2 years after the Cuban’s death, and for 2 years after the end of the marriage when a connection between the end of the marriage and the battering or extreme cruelty is shown.

Work permit and travel while the application is pending

  • Work. USCIS describes Form I-765 under category (c)(9), filed with the I-485 or while it is pending, and says an EAD based on a pending I-485 “may be valid up to 5 years.” A parole-based EAD under category (c)(11) “cannot exceed your authorized parole period.”
  • Travel. USCIS describes Form I-131 for an advance parole document; when it is filed with or after the I-485, USCIS says to “select only item 5. A. in Part 1 of Form I-131.”
  • Sanctions status. OFAC FAQ 750 says a Cuban national who lives in the United States and has an adjustment of status application pending “is considered unblocked and does not need to apply to OFAC”, unless the person is a prohibited official or a prohibited Communist Party member.

How the steps fit together

  1. One year of physical presence is counted at the time Form I-485 is filed.
  2. Evidence is assembled from the USCIS lists above, including Cuban identity documents and admission or parole records.
  3. Forms that apply are added: I-693, I-601 or I-212, J-visa or A/G/NATO forms.
  4. The I-485 fee shown on the USCIS Fee Schedule is paid with the filing.
  5. Optional work and travel requests (I-765 under (c)(9), I-131) go with the I-485 or while it is pending.

What the sources do not say

  • The USCIS CAA page publishes no processing time for CAA cases.
  • The USCIS page does not state the I-485 fee amount; it refers to the fee schedule.
  • No source consulted for this page addresses holders of Form I-220A, and this page does not cover that question.

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Last verified: 2026-10-19. This is general information, not legal advice. Consult an attorney for your specific situation. Requirements are those USCIS publishes on its Cuban Adjustment Act page and those in the statute as codified; both can change.