Cuban Adjustment Act

The Cuban Adjustment Act (CAA) in the United States remains in effect in 2025 and continues to be one of the most important pathways for Cuban nationals to obtain lawful permanent residence.

This federal law allows eligible applicants to apply for a Green Card after at least one year of physical presence in the U.S. and being admitted or paroled. To explore other available options, see our guide on how to get a Green Card.

In this article you’ll find:

• What the Cuban Adjustment Act is and who it protects.
• Key requirements and up-to-date wait times.
• Legal alternatives if you don’t qualify for the CAA.

Note: There is a bill known as the “Venezuelan Adjustment Act.” This legislative initiative would be similar to the CAA but for nationals of Venezuela.

In practice, this law has been pivotal for hundreds of thousands of Cuban families seeking stability in the U.S. Important questions have arisen, though: what if you received an I-220A instead of parole? What if your case is delayed for more than a year? And how does the CAA compare to options like asylum in the USA?

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Below we provide historical context and the key developments that explain why the CAA remains one of the most unique immigration laws in the United States.

Timeline and Latest News on the Cuban Adjustment Act

The history and the latest news on the Cuban Adjustment Act reflect more than five decades of immigration shifts and pivotal legal decisions:

• 1966: The CAA is enacted, allowing residence after two years in the U.S.
• 1976: The physical presence requirement is reduced to one year.
• 1995: The “wet-foot, dry-foot” policy is implemented.
• 2017: That policy is ended, although the CAA remains in force.
• Recent: The BIA has determined that the I-220A is not equivalent to parole, leaving many Cubans ineligible for adjustment under the CAA.

In short, the Cuban Adjustment Act remains one of the most distinctive immigration provisions in the United States.

Requirements to Apply for the Cuban Adjustment Act (What USCIS asks for in 2025)

If you’re researching the requirements to apply for the Cuban Adjustment Act, here are the essentials:

• Be a citizen or native of Cuba. Prove it with a Cuban passport, a Cuban birth certificate, or a Cuban citizenship certificate.
• Be physically present in the United States for at least one year before filing Form I-485.
  • The one-year presence must be completed before submitting Form I-485.
• Be inspected and admitted or paroled on or after January 1, 1959. This is the main hurdle: those who receive I-220A are not considered admitted or paroled under recent BIA rulings (2023–2025). You can learn the details of what advance parole is on our blog.
• Be admissible to the U.S. If a ground of inadmissibility applies, you may need a waiver such as the I-601 or I-212 (covered below under inadmissibility and waivers).

Required Documents

When filing Form I-485 based on the CAA, USCIS generally requires:

• Cuban passport, valid or expired, showing your nationality.
• Cuban birth certificate, as additional proof of your origin.
• Form I-94 or any admission or parole document issued by CBP upon entry to the U.S.
• Evidence of physical presence in the U.S. for at least one year (receipts, bills, medical, school, or employment records).
• Two passport-style photos, recent and in color.
• Copy of a government-issued ID, state or federal.
• Police certificates or court records if you have prior arrests or proceedings.

Practical Checklist for Cuban Applicants Today

• Properly completed Form I-485.
• Proof of continuous physical presence in the U.S. (minimum 12 months).
• Evidence of admission or parole (I-220A does not serve as parole).
• Fee payment: I-485 $1,440 (biometrics included). Children under 14 filing with a parent: $950.
• Marriage or birth certificates if including family members.

Practical example: José, a Cuban national, entered the U.S. in April 2024 with humanitarian parole. In April 2025 he reached one year of physical presence and filed his I-485. With his Cuban passport, I-94 showing parole, rent receipts and medical bills proving his stay, José is eligible under the CAA.

How Long Does Residency Take Under the CAA and What Are the Current Costs?

One of the most common questions is how long Cuban Adjustment Act residency takes. To answer it, it’s helpful to consider the updated 2025 fees, since both factors affect planning.

CAA Costs in 2025

Filing Form I-485 under the CAA requires paying USCIS filing fees. These are the amounts in effect as of September 2025:

Applicant group	I-485 fee	Biometrics fee	Total due
Under 14 (filing with a parent)	US$ 950	Included	US$ 950
Under 14 (filing without a parent)	US$ 1,440	Included	US$ 1,440
Ages 14 to 78	US$ 1,440	Included	US$ 1,440
Age 79 or older	US$ 1,440	Included	US$ 1,440

Note: The biometrics fee is already included in the total I-485 payment. There is no separate charge for this service, and USCIS handles biometrics uniformly for adjustment applicants.

Additional Form Costs

Since April 1, 2024, the following forms are no longer free, even when filed with the I-485:

• Form I-765 (Employment Authorization Document): $260
• Form I-131 (Advance Parole travel document): $630

These payments are separate and mandatory unless the applicant qualifies for a fee waiver using Form I-912 for economic or humanitarian reasons.

Exemptions and Special Cases

Individuals who adjust status because they were recognized as refugees or asylees may be exempt from paying the I-485 fee.

Additionally, in certain cases, fees may be reduced or waived if the applicant shows low income or receives public assistance.

Recent Processing Times

USCIS processing times vary by local office, case type, and workload. The ranges below reflect averages observed throughout 2025:

• Adjustment of Status (Form I-485, including CAA cases): Average of 7 to 17 months, though high-volume offices can take up to 30 months or more.
• Work Permit (Form I-765): Typically 2 to 12 months depending on category and workload. Many cases fall in the 5 to 7 months range.
• Advance Parole (Form I-131): Generally 6 to 10 months, though timelines vary by travel document type and the office processing it.

In short, USCIS timelines can fluctuate significantly. Always check the official USCIS processing time tool before filing.

Quick Guide (Summary)

Process stage	Average time
Preparation & filing	Immediate
Biometrics	1–2 months
EAD issuance	5–7 months
Advance Parole	6–10 months
Final decision (Green Card)	7–17 months (up to 30 in some offices)

Special Scenarios: Parole vs. I-220A

One of the most pressing topics in the latest news on the Cuban Adjustment Act involves the I-220A and how it differs from parole. This detail determines who can—and cannot—adjust status.

If You Have Parole

• You meet the requirement of being “inspected and admitted or paroled.”
• You may apply for residence after one year of continuous physical presence in the U.S.
• Practically speaking, this is the most favorable scenario under the CAA.

If You Received an I-220A

• The I-220A is an order of release/supervision (it is not admission or parole).
• The BIA has reiterated in recent decisions that I-220A is not equivalent to parole. While there is ongoing litigation, there is no binding precedent changing this interpretation to date.

Comparative Example

• Luis (parole): Entered with parole in May 2024. In May 2025, he applies for a Green Card under the CAA. His case proceeds normally, and he receives a work permit in about five months.
• Ana (I-220A): Entered the same month but received I-220A. In May 2025 she reaches one year and applies for a Green Card; USCIS rejects it due to lack of lawful admission. She must consider options like asylum in the USA, a family petition, or even VAWA.

Authority note: Recent BIA decisions reaffirm that I-220A is not the same as parole. Absent legislative or judicial change, it does not qualify someone for CAA adjustment.

Benefits of the Cuban Adjustment Act

Cubans who successfully apply under the CAA gain unique advantages compared with many other immigrants. These benefits underpin residency through the Cuban Adjustment Act:

• Lawful permanent residence (Green Card).
• Eligibility to become a U.S. citizen after five years as a resident.
• Automatic eligibility for immediate relatives, such as a spouse and unmarried children under 21.
• Access to federal benefits like student aid, health programs, and Social Security (as eligibility rules allow).
• Work authorization via Form I-765, often arriving within a few months.
• Possibility of temporary travel with advance parole without jeopardizing the application.
• Special protections under VAWA for victims of domestic violence or abused children.

Grounds of Inadmissibility and Possible Waivers

Although the Cuban Adjustment Act (CAA) offers unique benefits, applicants must still be admissible under INA §212.

Some grounds may prevent adjustment to lawful permanent residence:

Main Applicable Grounds of Inadmissibility

• Criminal history: Convictions for serious offenses, drug trafficking, or crimes involving moral turpitude.
• Immigration fraud: Use of false documents, sham marriages, or false statements.
• Health-related grounds: Communicable diseases without treatment or lack of required vaccinations.
• Unlawful presence: Particularly when the person was never admitted or paroled.

Grounds That Do Not Apply Under the CAA

• Public charge.
• Labor certification.
• Visa document requirements.

Available Waivers

Several grounds can be addressed through different types of waivers:

• Form I-601: For certain inadmissibilities such as fraud or some medical grounds.
• Form I-212: Permission to reapply for admission after removal or deportation.
• Form I-612: To waive the two-year home residency requirement for some J-1/J-2 cases.

Practical Example

• Carlos (minor offense): Carlos was arrested in Cuba for a minor offense but has no U.S. convictions. When applying under the CAA, USCIS requests more evidence. With a well-prepared I-601, he can continue and obtain residency.
• Marta (immigration fraud): Marta used false documents to enter in 2023. USCIS denies adjustment under the CAA, and she could only reapply with an I-601 waiver if she meets the legal requirements.
  

What the Cuban Adjustment Act Is and How to Apply Step by Step

The path to a Green Card under the CAA follows a specific order. If you’re looking for the requirements to apply for the Cuban Adjustment Act, this step-by-step guide will help you do it correctly:

Confirm Eligibility

• Be a Cuban citizen or national.
• Be physically present in the U.S. for at least one year before filing.
• Be inspected and admitted or paroled on or after January 1, 1959.

Gather Documents

• Cuban passport and birth certificate.
• Evidence of admission or parole (e.g., Form I-94 or a passport stamp).
• Proof of continuous physical presence in the U.S. (receipts, bills, medical or school records, leases, etc.).
• Two passport photos.
• Court records if you have any prior arrests or legal proceedings.

Complete Form I-485

• File Form I-485 with USCIS and pay the applicable fees.
• You may also file Form I-765 (work permit) and Form I-131 (Advance Parole), but both have separate fees since 2024.
• These forms do not speed up the I-485 decision, but they allow you to work or travel while your case is pending.

Attend Biometrics

• USCIS schedules fingerprinting and identity verification.
• This usually occurs within the first few months after filing, although timing varies by local office.

Possible RFE (Request for Evidence)

• Common when there are doubts (e.g., if entry was with I-220A).
• It’s crucial to respond on time and with legal support.

USCIS Decision

• Approval: The applicant receives the Green Card by mail.
• Denial: There is generally no right to appeal, but you can file a motion to reopen or reconsider (Form I-290B) or renew the application in immigration court if removal proceedings begin.

Applications for Derivative Family Members

The Cuban Adjustment Act (CAA) also protects certain immediate relatives of the principal applicant:

• Non-Cuban spouse.
• Unmarried children under 21, even if they hold another nationality.

Additional Requirements for Family Members

Each derivative family member must:

• File their own Form I-485.
• Prove the family relationship to the Cuban principal with:
  • Marriage certificate (for spouses).
  • Birth certificate (for children).
• Include proof that the Cuban relative meets CAA requirements (copy of Cuban passport, I-94, or the I-485 receipt).

Practical Example

Yolanda, a Cuban national, files her I-485 under the CAA. She includes in the same packet:

• Her Cuban birth certificate.
• Evidence of admission with parole.
• Proof of one year of residence in the U.S.

Her Colombian husband files a separate I-485 with the marriage certificate and a copy of Yolanda’s Cuban passport. Their 10-year-old daughter includes her birth certificate and the mother’s I-485 receipt.

Result: The family is considered for residence under the CAA, even though only Yolanda is Cuban.

Important: If the principal Cuban’s application is denied, derivative relatives cannot obtain residence through this law.

Alternatives If You Don’t Qualify Under the CAA

Not all Cubans meet CAA requirements—especially those with an I-220A or with grounds of inadmissibility. In such cases, these legal options may apply:

Political Asylum

• Generally must be filed within the first year after arriving in the U.S.
• You must show a well-founded fear of persecution based on a protected ground (political opinion, religion, nationality, membership in a particular social group, etc.).

Advantage: If asylum is approved, the beneficiary receives asylee status and can apply for lawful permanent residence after 12 months.

Family Petitions

• If you have a U.S. citizen spouse, parent, or child, you may adjust through a family petition.
• Relatives of lawful permanent residents can also file, though wait times are often longer.
• The Cuban Family Reunification Parole Program (CFRP) remains a special pathway for some cases, though subject to quotas and changing delays.

VAWA (Violence Against Women Act)

• Available to spouses, children, or parents of U.S. citizens or residents who have suffered domestic violence or extreme cruelty.
• Protects all genders and allows self-petitioning without relying on the abuser.

Humanitarian Parole or Special Programs

• In 2023 and 2024, the CHNV program (for Cubans, Haitians, Nicaraguans, and Venezuelans) granted parole for humanitarian reasons.
• In 2025, the program is no longer accepting new applications and is in a winding-down process, although existing beneficiaries keep their temporary parole while federal court litigation continues.

Employment Visas or the Diversity Visa Lottery

Less common among Cuban applicants, but still valid legal options to obtain U.S. residence if you meet eligibility rules.

If the CAA doesn’t fit your situation, alternatives include asylum, family petitions, VAWA, employment options, or consular processing.

Difference Between Political Asylum and the Cuban Adjustment Act

Many Cubans wonder whether to seek asylum or wait to apply under the CAA. Understanding the difference between political asylum and the Cuban Adjustment Act is essential:

Aspect	Cuban Adjustment Act	Political Asylum
Requirements	Cuban citizen/national, 1 year in the U.S., admission or parole.	Prove past persecution or a well-founded fear in Cuba.
Timing	Eligible to file after one year of presence.	Generally must be filed within one year of arrival.
Evidence	Identity documents and proof of admission/parole.	Evidence of political persecution, testimony, human rights reports.
Benefits	Green Card, derivative eligibility for family, path to citizenship.	Green Card after 1 year of approved asylum; immediate protection from removal.
Risks	Denial if only I-220A or other inadmissibility issues.	High burden of proof; risk of denial if the claim is weak.

Practical Example

• Pedro (CAA): Entered with parole in 2024, reaches one year in 2025, and applies under the CAA. He has strong odds of success without having to prove political persecution.
• Lucía (asylum): Arrived with I-220A and cannot use the CAA. She applies for asylum in 2025, submitting reports on repression in Cuba and personal testimony. If approved, she can adjust after a year.
  

Frequently Asked Questions About the CAA

Can I apply under the CAA if I have an I-220A?

No. The I-220A is an order of supervision, not parole or lawful admission. Between 2023 and 2025, the BIA confirmed that it does not qualify for the CAA, so such filings are commonly denied.

What if my parole has already expired?

As long as you were admitted with parole, expiration alone does not eliminate eligibility. You may apply once you meet the one-year physical presence requirement.

Can I travel outside the U.S. while my I-485 is pending?

Yes, but only if you first obtain Form I-131 (Advance Parole). If you leave without it, USCIS will treat your I-485 as abandoned.

How long does CAA residency take in 2025?

Recent timelines often range from 7 to 17 months, and in some offices can reach 30 months.

Can I include my spouse or children if they’re not Cuban?

Yes. A spouse and unmarried children under 21 may apply as derivatives if the principal applicant is Cuban.

Is the CAA still in effect in 2025?

Yes. Although “wet-foot, dry-foot” ended in 2017, the 1966 Cuban Adjustment Act remains active and applies to new cases.

Experience Matters in Your Cuban Adjustment Case

The Cuban Adjustment Act remains a valuable opportunity for Cuban immigrants, although the process has become more demanding due to recent changes, the I-220A issue, and USCIS backlogs.

This guide gives you a clear view of the steps, requirements, and realistic timelines to seek a Green Card under the CAA.

However, every case is different. A poorly documented detail or missing evidence can affect the outcome.

At Lluis Law, our immigration lawyers in Los Angeles, including Cuban-born attorneys, bring over 60 years of combined experience helping immigrant families.

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Contact us today for a consultation and see how we can guide you, step by step, toward your lawful permanent residence under the Cuban Adjustment Act.