The Cuban Adjustment Act (CAA) is a U.S. law that allows Cuban nationals (and certain individuals from Cuba) to apply for lawful permanent residence (green card) in the United States after residing in the country for a specified period of time, provided they meet certain conditions. The CAA was enacted in 1966 to provide a pathway to permanent residency for Cubans who had fled communist rule and arrived in the U.S. The law has become an important aspect of U.S. immigration policy for Cuban nationals.

Key Features of the Cuban Adjustment Act (CAA):

1. Eligibility for the Cuban Adjustment Act: To qualify for the Cuban Adjustment Act, applicants must meet specific criteria:
   • Cuban Nationality: The applicant must be a national of Cuba. This includes individuals born in Cuba as well as certain Cuban nationals who may have traveled to the U.S. (including those from third countries).
   • Physical Presence in the U.S.: The individual must have been physically present in the U.S. for at least one year (12 months) since arriving in the country. The time spent in the U.S. is counted from the date of entry, regardless of the visa status or manner of entry (including those who entered illegally).
   • Entry into the U.S.: The applicant must have been admitted or paroled into the United States. Individuals who arrived in the U.S. unlawfully, such as those who entered without inspection, may still qualify for the CAA as long as they have been granted parole by U.S. authorities.
   • Good Moral Character: Applicants must demonstrate that they have good moral character during their time in the U.S., meaning that they must not have committed certain crimes or engaged in activities that could disqualify them.

2. Benefits of the Cuban Adjustment Act:

   • Path to Permanent Residency: The CAA provides a special process for Cuban nationals to obtain a green card (lawful permanent resident status) after meeting the physical presence requirement. This means that after residing in the U.S. for one year, an eligible Cuban national can apply for adjustment of status (Form I-485) to become a permanent resident.
   • Work Authorization: As part of the adjustment process, individuals can apply for work authorization (an Employment Authorization Document, or EAD), allowing them to legally work while their application for permanent residency is processed.
   • Family-based Sponsorship: Once the Cuban national has received a green card, they can sponsor close family members (such as spouses or children) to join them in the U.S. through family-based immigration.

3. Exceptions and Considerations:

   • Inadmissibility: Certain individuals may be inadmissible to the U.S. under the usual immigration laws, and the CAA does not provide a waiver for all grounds of inadmissibility. For example, individuals with serious criminal convictions, or who are deemed a national security threat, may not be eligible under the CAA.