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We have had a number of our Cuban friends asking us about the last change to the law relating to Cuban citizens who recently entered the U.S. I’m not talking about the new policy where Cubans, Venezuelans, Haitians, and Nicaraguans can sponsor family and friends to temporarily come to the U.S., but the change that now allows most Cubans to finally qualify for the Cuban Adjustment Act (CAA). Because the periodic changes from the government can make things very confusing, I thought it would be a good idea to explain the current situation since we are almost to the one-year anniversary of the USCIS policy change.
On February 23, 2022, U.S. Citizenship and Immigration Services (USCIS) released a notice that changed their longstanding policy on how the Cuban Adjustment Act was going to be adjudicated. Previously, immigration would only approve residency based on the CAA to those who were formally paroled into the U.S. versus those who entered illegally, were apprehended, and later were released to appear in court. The new position of USCIS is that all Cubans who were apprehended and subsequently released by the government on their “own recognizance” or by bond to appear in immigration court are being treated as being legally “admitted” to the U.S. for purposes of Cuban Adjustment Act eligibility.
This is a huge benefit for Cuban immigrants and will help thousands who are either waiting for their court case to move forward or who are sitting in limbo waiting for their asylum cases to be processed. Since USCIS can change its position on this issue at any point in time, it is strongly recommended that Cubans who have the proper government documents and time in the U.S. file for the Cuban Adjustment Act as soon as they are eligible so that they can receive their Legal Permanent Residency as soon as possible. It is always important to keep in mind that current processing times are longer than normal so the timing of the filing for this benefit is critical, especially with an open deportation case.
We are encouraging our community of Cuban immigrants to contact our office to discuss your case regardless of where you are in the immigration system. We can quickly analyze your case and let you know whether you are eligible for this significant benefit. Please schedule an appointment with our office by calling 616-805-3435 or by using the following link to schedule an appointment online: https://marvinlawoffice.com/schedule-a-consultation/
