Adopted in 1966 under Lyndon B. Johnson, the Cuban Adjustment Act (CAA) allows Cuban nationals present on American soil to obtain the status of permanent resident (green card) under simplified conditions. Initially designed for refugees fleeing the Castro regime, this law remains in force in 2025 despite major changes.
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Operation and key conditions
1. Eligibility ::
– Be Cuban citizen or born in Cuba.
– to have been admitted or sponsored (Word) in the United States after January 1, 1959.
-reside physically in the United States since at least 1 year.
– Be legally eligible (without serious criminal record, etc.).
2. Exclusive advantages ::
– Exemption from classic immigration quotas.
– No need to justify a job or a family link.
– possibility of adjusting its status even in the event of an irregular entry, subject to a speech subsequent.
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Application procedure in 2025
To benefit from the CAA, the steps are as follows:
1. Filing of Form I-485 (Application to RESIDENCE RESIDENCE).
2. Supporting documents To be joined:
– Proof of Cuban citizenship (passport, birth certificate).
– Proof of physical presence (plane tickets, invoices, bank statements).
– admission or speech (I-94, entrance stamp).
3. Interview With USCIS and checking history.
4. Average time : 9 to 12 months for obtaining the green card.
Example : A Cuban entered via Mexico with a humanitarian speech In 2024 may submit his request in February 2025.
Applicability by nationality
| Nationality | Legal provisions | Key conditions | References |
|---|---|---|---|
| Cuban | ✅ Cuban Adjustment Act | – be born in Cuba or have citizenship -1 year physical presence in the United States – Legal admission or speech after 1959 |
15 38 39 |
| Haitian | ❌ CAA ✅ Hrifa (Haitian Refugee Immigration Fairness Act) |
– Adjustment of status under restrictive conditions (residence before 1995, etc.) – Limited eligibility for social profits |
1 2 30 |
| Venezuelans/Nicaraguans | ❌ CAA ✅ Time (Temporary protection status) |
– Protection against expulsions – Renewable work permit |
3 12 26 |
| Other nationalities | ❌ CAA ✅ Asylum or family sponsorship |
– Proof of persecution or family link with a permanent resident/American citizen | 3 12 26 |
Recent context (February 2025)
- THE Massive deportations Announced by the Trump administration exclude Cubans benefiting from the CAA, but directly threaten Haitians and Venezuelans 3 11.
- Haitian churches organize legal forums (like that of the Glory Tabernacle) to bypass these risks via the TPS or asylum 12 26.
Legal sources ::
- Full text of the CAA: Public law 89-732
- USCIS guide for Cubans: Green Card via the CAA 7
- TPS criteria for Haiti: USCIS – Temporary Protected Status 12
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TPS 2026 – Haitian deportations: legal strategies and religious mobilization
