What is the Cuban Adjustment Act?
As the relationship between governmental leaders in the United States and Cuba was long-strained, the Cuban Adjustment Act went into effect in 1966 under President Lyndon B. Johnson. However, in response to efforts by the Obama administration, relations between the U.S. and Cuba have recently improved, thus prompting some legislators to seek changes to the Cuban Adjustment Act. For this reason, it is highly important for any potential or current immigrants from Cuba to understand how this law affects them and their families.
Benefits for Cubans in the U.S.
The law was first enacted to provide relief for Cubans who wanted to move to the U.S. to escape the oppressive policies put in place by Fidel Castro. The Act put in place specific procedures for Cuban immigrants to have a path to obtaining permanent residency in the U.S. Green cards are available to Cubans who meet the following requirements:
- They are admissible as immigrants
- They have been admitted into the U.S. (entering at a place other than a designated point of entry is not a disqualification from the benefits of the Act)
- They have been living in the U.S. for a minimum of one year
Green cards are available without requiring a sponsored immigrant visa petition or without meeting all requirements set out in Section 245 of the Immigration and Nationality Act (INA). In addition to permanent residency, many welfare and refugee benefits are available for Cuban immigrants who meet the requirements of the Act. The major exception to the Cuban Adjustment Act is if a Cuban is intercepted before they reach the dry land of the U.S., they can be returned to Cuba and the Act will not apply to them.
Now, changes to the Act may be on the horizon and anyone who may be considering immigrating to the U.S. from Cuba should consult with an experienced immigration lawyer before doing so.
Call 201-703-9400 today for more information.
The Cuban Adjustment Act is only one example of how immigration laws can be changed and can have a serious effect on immigrants and their families. Ronald P. Mondello, Esq. Attorney at Law represents the rights and interests of immigrants from Cuba and all over the world. Our office helps clients throughout New Jersey and New York with every step of the immigration process, so please call us today to find out more about how we can help you.
