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Pathway

U.S. Cuban Adjustment Act Green Card

United States Residency
Pathway overview

At a glance

If you were born in Cuba or are a Cuban citizen and are now in the United States, the Cuban Adjustment Act (CAA) may let you apply for permanent residence. You generally need a qualifying entry, at least one year physically in the country, and compliance with the other immigration requirements. Approval is not automatic.

Who can apply
Certain Cuban natives or citizens in the United States
Entry
Inspected and admitted after January 1, 1959, or allowed in through immigration parole
Time in the U.S.
At least one year of physical presence, plus the other green-card requirements

Summary

This is a nationality-specific U.S. green card route for certain Cuban natives or citizens who are in the United States and meet admission or parole, physical presence, and admissibility requirements.

This is an application from inside the United States. It does not give someone abroad a right to a visa, temporary entry permission, or admission.

Could this pathway work for you?

Eligibility

The main applicant generally must:

A qualifying spouse or child may also be able to apply through the main applicant, even if they are not Cuban. They must meet the relationship and shared-residence requirements, and the main applicant must qualify under the Act. The application steps depend on whether that person has already become a permanent resident.

Check entry history and eligibility before applying
  1. Prove the Cuban connection Document the main applicant's Cuban birth or citizenship.
  2. Check entry and time in the U.S. Confirm a qualifying inspected entry or parole permission and at least one year of physical presence before filing.
  3. Review the remaining requirements Check reasons immigration could be refused, any available exceptions, and the circumstances immigration officers will assess.
  4. Apply for a green card Prepare Form I-485 and any documents for a separately eligible spouse or child.

This is an application for permanent residence from inside the United States. It does not give someone abroad a right to enter.

What This Route Allows

Approval grants lawful permanent residence. The statute allows USCIS to record the residence date as 30 months before the application was filed or the date of the person's last arrival, whichever is later, which can affect later naturalization timing.

An applicant may separately request employment authorization while a properly filed green-card application is pending, if eligible. Filing alone does not authorize travel; departure without the right documentation can abandon the application or trigger other consequences.

What This Route Is Not

Cuban nationality does not guarantee parole at the border or adjustment after entry. An entry without inspection that was not later paroled or admitted may not satisfy the threshold. A release document, notice to appear, or immigration-court record must be examined rather than assumed to be parole.

The Act does not remove every reason for refusing immigration permission. USCIS can still refuse after considering the person's circumstances. Prior removal orders, criminal history, fraud, false citizenship claims, and travel after entry require case-specific review.

Next Steps

  1. Obtain Cuban birth or citizenship evidence.
  2. Request the complete entry and immigration record, including Form I-94, parole documents, notices, and court orders.
  3. Build a one-year physical-presence timeline and retain address, work, school, tax, and medical records.
  4. Review any circumstances that could prevent immigration approval or affect the decision before filing Form I-485.
  5. If relying as a spouse or child, document the qualifying relationship and residence with the main applicant.

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Similar nationality based pathways in other destinations.

Sources