Chicago Cuban Immigration Attorney

Illinois Cuban Adjustment Act Lawyer

Cuban immigrants have special immigration options that are unlike other visa and permanent residency options.  Our knowledgeable Cuban immigration attorney at Badia-Tavas Law Group, Ltd. is a first generation Cuban-American who understands the unique challenges that immigration from Cuba presents.  Contact the Cuban immigration law firm of Badia-Tavas Law Group at (312) 442-0838 to learn more about immigration options for Cuban nationals.

Permanent Residency under Cuban Adjustment Act

Cuban immigrants may seek permanent residency in the United States under the Cuban Adjustment Act (CAA), Public Law 89-732, enacted on November 2, 1966 and amended thereafter. The law applies to any native or citizen of Cuba who has been inspected and admitted or paroled into the United States after January 1, 1959 and has been physically present for at least one year; and is admissible to the United States for Permanent Residence.  The law is commonly referred to as the Cuban “one year and one day” rule.

Cuban immigrants meeting the conditions of the CAA are not subject to the immigration caps of H-1B visas or any other visa, nor do they need to arrive at an open port-of-entry as long as U.S. Customs and Immigration Services has paroled the immigrant into the United States.

Residency Application Process

In order for a Cuban national to obtain permanent residency under the CAA, he or she must file an Application to Register Permanent Residence or Adjust Status (Form I-485).  The application can be filed as early as one year and one day after admittance into the United States.  Along with the Form I-485, the applicant should submit the following:

•    Two passport-style photos
•    Copy of their birth certificate (or other birth record with translation, if available) showing they were born in Cuba or to Cuban parents thereby acquiring Cuban citizenship
•    Applicable fee
•    Biographic Information (Form G-325A), if applicant is between the ages of 14 and 79
•    Report of Medical Examination and Vaccination Record (Form I-693)
•    Arrival/ Departure Record (Form I-94), or other evidence of inspection and admission or parole into the United States
•    Evidence of one year’s physical presence in the United States;
•    Police Clearance letter

The application process for permanent residency can be confusing and time-consuming.  The knowledgeable Chicago Cuban immigration attorney at Badia-Tavas Law Group has particular experience assisting Cuban nationals with immigration issues, including obtaining their green card for permanent residency in the United States under the CAA, and admission into the U.S. on a nonimmigrant visa.  We will explain the immigration laws specific to Cuban nationals and help you provide the necessary documentation to U.S. Citizenship and Immigration Services so that your green card can be obtained as efficiently as possible.

Eligibility Criteria

In order to be eligible for permanent residency in the United States, the Cuban national must have been physically present in the United States for at least one year continuously, have been admitted or paroled, and be otherwise admissible as an immigrant.  Unlike other immigration rules, Cuban nationals are not considered inadmissible under the CAA due to public charge or arrival at a place other than an open port of entry, provided that the United States Customs and Immigration Services (CBP) paroles the person into the United States.

If the individual is inadmissible on any other ground(s) such as criminal, fraud or serious public health issues, however, he or she is not eligible to apply for a green card under the CAA unless he or she has obtained a waiver of inadmissibility.  These waivers are generally based on relationship to a qualifying relative and extreme hardship, which is often difficult to show.

Application of CAA to Family Members of Cuban National

The spouse and child(ren) of a Cuban national seeking permanent residency under the CAA may also apply for benefits under the CAA regardless of their country of citizenship or place of birth if certain conditions are met.  Specifically, the following conditions must be present between the Cuban national seeking residency under the CAA and his or her family member seeking permanent residency:

•    The relationship continues to exist until the dependent spouse or child receives a green card.
•    The dependent spouse and/or child reside(s) with the individual applying for a green card under the CAA in the United States.
•    The dependent spouse and/or child apply (ies) for a green card under the Cuban Adjustment Act.
•    The dependent spouse and/or child are/is eligible to receive an immigrant visa.
•    The dependent spouse and/or child are/is otherwise admissible to the United States for such permanent residence.

Legal Advice from a Qualified Cuban-American Attorney

At Badia-Tavas Law Group, our knowledgeable Chicago immigration attorney is a first-generation Cuban-American with particular experience handling immigration issues affecting Cuban nationals.  We understand the cultural and political issues that may be involved with your immigration into the United States and can explain the immigration laws pertaining to your specific situation.  We can help you obtain the visa or green card that best serves your interests.  

Contact our skilled Chicago-based Cuban immigration attorney at (312) 442-0838 to learn more about your visa and green card options, including those available under the Cuban Adjustment Act.