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Cuban Adjustment Act

The Cuban Adjustment Act provides a special pathway for certain Cuban nationals living in the United States to apply for lawful permanent resident status—a green card. Eligibility generally depends on how the person entered the United States, how long the person has been physically present, and whether the person meets other immigration requirements.

The Cuban Adjustment Act provides a special pathway for certain Cuban nationals living in the United States to apply for lawful permanent resident status—a green card. Eligibility generally depends on how the person entered the United States, how long the person has been physically present, and whether the person meets other immigration requirements.

Who May Qualify?

The Cuban Adjustment Act may allow a person who is a native or citizen of Cuba to apply for a green card if the person was inspected and admitted or paroled into the United States after January 1, 1959, has been physically present in the United States for at least one year, and meets the other requirements for adjustment of status. Approval is not automatic, and immigration history, criminal history, prior applications, and other individual circumstances may affect eligibility.

Certain spouses and unmarried children under 21 of a qualifying Cuban applicant may also be eligible, even if they were not born in Cuba or are not Cuban citizens. Their eligibility generally depends on the qualifying family relationship and satisfaction of the applicable immigration requirements.

Meet Our Attorney
Hilmarys Godoy-Villard, Esq.
Hilmarys Godoy-Villard, Esq. is the founding attorney of Godoy Law P.A. in Miami, Florida. She represents clients in family-based immigration, citizenship, deportation defense and asylum cases. She is admitted to the Florida Bar and practices in English, Spanish, and Haitian Creole.
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FAQ

Frequently Asked Questions

Affirmative asylum cases at the Miami Asylum Office can take anywhere from one to five years from filing to interview to decision, depending on the office's backlog and policy priorities. Defensive asylum in Miami Immigration Court typically tracks the broader removal case timeline of two to four years. Some cases move faster under specific scheduling rules.
Not immediately. Under current rules, you can request work authorization 150 days after filing the I-589, and USCIS typically issues the EAD several months after that request. The clock can pause if you cause delays in your own case. Once asylum is granted, you can work without a separate permit.
You may still qualify if changed circumstances in your home country or extraordinary circumstances in your life prevented timely filing. Even if neither exception applies, you may qualify for withholding of removal or CAT protection, which do not have a one-year deadline. Bring your full timeline and documents to the consultation so we can identify which path works.
Yes. Asylum can be raised as a defense in immigration court. The same I-589 form is used, but it is filed with the court rather than with USCIS, and the judge (not an asylum officer) decides the case. If you have an asylum claim and are in removal proceedings, asylum is one of the most powerful forms of relief available.
You should not. Travel to the country from which you sought asylum can be treated as evidence that the persecution claim was not genuine, leading to termination of asylum status. Travel to other countries on a refugee travel document is generally fine, but check before booking. Once you are a U.S. citizen, the restriction goes away.
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