Cuban Adjustment Act "” Your Path to a Green Card
Cuban Adjustment Act "” Your Path to a Green Card
The Cuban Adjustment Act (CAA) offers a unique opportunity for Cuban nationals and their immediate family members to obtain permanent residence after one year and one day in the United States. Many Tulsa families arrived through parole programs, CBP One appointments, or sponsorship initiatives. This article breaks down the requirements, documents, and strategies that lead to a successful CAA filing.
Core Eligibility
- Nationality: The principal applicant must be a Cuban native or citizen. Spouses and unmarried children, regardless of nationality, may qualify as derivatives.
- Admission or Parole: You must have been admitted or paroled into the U.S. Proof can include I-94 records, parole stamps, or CBP One approvals.
- Physical Presence: Demonstrate at least one year of continuous presence since admission/parole. Short, authorized trips abroad are sometimes acceptable, but excessive departures may reset the clock.
- Admissibility: Applicants must be admissible or qualify for a waiver. Common issues include certain criminal convictions or prior immigration fraud.
Document Roadmap
| Category | Key Evidence |
|---|---|
| Identity & Nationality | Cuban passport, birth certificate, national ID card |
| Entry History | I-94, parole document, CBP One confirmation, airline tickets |
| Physical Presence | Lease agreements, school enrollment, pay stubs, medical records, cellphone bills |
| Family Relationships | Marriage certificates (with certified translations if needed), birth certificates for children |
| Financial Support | While not always required, an affidavit of support strengthens the case, especially for derivative spouses and children |
Filing Strategy for Tulsa Families
- Mark the Calendar: Count one year and one day from the date on your I-94. File shortly after to maintain clear eligibility.
- Bundle Forms: Submit Form I-485 for each applicant along with Form I-131 (Advance Parole) and Form I-765 (Employment Authorization) to maximize benefits while the case is pending.
- Medical Exam Timing: USCIS now allows you to submit Form I-693 later. We typically schedule it within 60 days of the anticipated interview to keep it valid.
- Waiver Planning: If there are old removal orders or criminal issues, prepare waiver applications (I-601 or I-212) in advance so they can be filed concurrently.
Frequently Asked Questions
Do I need a sponsor for the Affidavit of Support? CAA applicants are generally exempt from the public charge ground of inadmissibility, but USCIS may still request financial evidence. We prepare a brief financial statement or Form I-134 to show stability.
What if my spouse is not Cuban? Spouses and unmarried children can adjust as derivatives as long as they were admitted or paroled and reside with the principal applicant. File all applications together to avoid processing gaps.
Can I travel outside the U.S. before applying? Avoid international travel until you have Advance Parole. Leaving without permission could be considered abandoning your application or could interrupt the required physical presence period.
Sample Timeline
- Day 0: Paroled into the U.S. through CBP One.
- Month 6: Begin collecting presence evidence and civil documents.
- Year 1 + 1 day: Mail the I-485 package to USCIS.
- Months 3-4 after filing: Attend biometrics appointment in Tulsa.
- Months 6-8: Receive work/travel cards.
- Months 10-14: Interview in Oklahoma City; approval typically follows within a few weeks.
Tips to Avoid Delays
- Keep copies of every document you submit; USCIS does not return originals.
- Translate Cuban civil records into English with a translator's certification.
- Respond quickly to any Requests for Evidence (RFEs). Our office drafts responses that address each item line-by-line to prevent denials.
The Cuban Adjustment Act remains one of the most generous pathways to residence. With thorough documentation and guidance, you can transform your one-year milestone into the permanent security of a green card.
This post is for general informational purposes only and does not constitute legal advice. Every case is unique. Consult a qualified immigration attorney to discuss your specific situation.
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