Cuban Legal Status
Adapt the status of Cuban refugees to the status of lawful permanent resident of the United States and for other purposes. The Cuban Adjustment Act of 1966 (CAA) created a way for Cubans and their family members to adjust their status in the United States as long as they met certain conditions. Despite improved relations with Cuba, the CAA is alive and well and many Cubans still have the right to adapt below its parameters. This resource answers frequently asked questions about AAC, including questions about admission requirements for inspection and admission or probation, physical presence, and eligibility. It also covers how non-Cuban family members may qualify under the CAA, including those who have been exposed to assault or abuse. Finally, the FAQ reviews the process for requesting adjustments under the CAA and the availability of services until the decision is made. In the years that followed, the Cuban Adaptation Law was amended from time to time. In addition to the 1976 amendment, a significant change was implemented in 1995 when U.S. President Bill Clinton adopted the so-called “wet feet, dry feet” policy. This was more restrictive and only allowed Cuban immigrants who reached U.S.
lands to stay in the United States. When U.S. authorities intercepted Cuban immigrants at sea, they were sent back to Cuba or sent to another location. The wet and dry feet policy was adopted to curb immigration, which was considered more economically motivated than politically, and to discourage Cubans from making the dangerous boat trip through the Strait of Florida. US President Barack Obama ended the initiative in 2017. After this period, native Cubans and citizens had to apply for legal entry into the United States before they were eligible to become permanent residents. Although the Cuban Adaptation Law remained in force, the amendment eliminated one of its fundamental elements. If you are or have been a J-1 or J-2 nonimmigrant exchange visitor and are subject to the two-year foreign residency requirement, you cannot apply for an adjustment of status unless you have met the requirement to remain abroad, received an exemption, or received a recommendation from the State Department to waive the application to stay abroad. For more information, see the instructions on Form I-612, Application for Exemption from Foreign Application. Although Cuba restricted the emigration of its inhabitants, three events after the 1959 revolution allowed Cubans to leave the island for the United States. The 1980 Mariel ship elevator brought nearly 125,000 Cubans to Florida.
Continuous migration by sea to the United States led to the introduction of the wet and dry foot policy in 1995, which allowed any Cuban arriving by land or sea to remain legally in the United States. Despite the recent resumption of sanctions against Cuba and the increasing expulsion of Cuban nationals, the Cuban Adaptation Act remains in force to this day. After the Cuban Revolution of 1959, about 1.4 million people fled to the United States, the largest influx of migrants in the Caribbean country`s history. Since then, Cubans have remained one of the main migrant populations to reach the United States. A series of tragic incidents involving Cubans trying to reach the United States by sea prompted President Clinton to announce that Cubans banned at sea would be sent to the U.S. naval base at Guantánamo. It was then that the so-called wet feet/dry feet policy was born, which gave Cubans who reached American soil on foot the right to stay and quickly make their way to citizenship. On paper, the policy was aimed at discouraging people from embarking on the risky journey by sea. Under an agreement signed in September 1994, the United States agreed to legally admit at least 20,000 Cubans – without immediate relatives of the United States. Citizens have pledged to prevent further irregular departures by chevrons. Obama announced that the United States would restore diplomatic relations with Cuba in 2014.
A few years later, Obama ended the so-called “wet foot, dry foot” policy, which allowed Cuban nationals to remain in the United States even if they arrived illegally by boat, provided they set foot on solid ground. Boaters intercepted at sea were returned to the island. Then Trump took office and greatly expanded the deportations. While Obama prioritized deporting undocumented immigrants who had committed violent crimes, the Trump administration said it would illegally deport any immigrant to the country, including Cubans. In 1959, revolutionary leader Fidel Castro overthrew Cuba`s ruling political regime and became prime minister. His communist agenda has driven thousands of Cuban residents to seek refuge in the United States. As an act of humanitarian aid, the U.S. government allowed immigrants to enter and considered them political refugees. In 1966, U.S. President Lyndon B.
Johnson signed the Cuban Adjustment Act to give immigrants a fast path to legal residency. While the law originally required applicants to reside in the United States for at least two years, the requirement was lowered to one year in 1976. In addition, the person did not have to have entered the country legally. This special treatment, which was not extended to immigrants from other countries, was offered in part in an attempt to destabilize Castro`s government. The act led to an influx of Cuban immigrants to the United States at various times. During the 1980 Mariel Boat Lift, about 125,000 people successfully traveled by boat from Cuba to the United States. Over the past decade, U.S. immigration policy has been radically reversed. Cuban immigrants have enjoyed preferential treatment in the United States since the 1960s, receiving a direct and rapid path to legal permanent residence. But as tensions between the two Cold War-era countries eased and relations began to normalize in 2014 under President Obama, Cubans began to cross Central America and arrive at the U.S.
border in greater numbers, fearing that the unique status they had long enjoyed would cease. As a result, shortly before leaving office, Obama ended part of the “wet foot, dry foot” policy begun in the mid-1990s, whereby Cubans who arrived at a U.S. land port without a visa were admitted to the country or pardoned. Under this change, Cuban migrants arriving at the U.S. border without prior authorization were deported on an equal footing with other foreigners, with their deportations increasing sevenfold between fiscal year 2017 and fiscal year 2018. The U.S. embassy in Havana also meant that the 20,000 visas granted to Cubans were continually underutilized. Cubans seeking U.S.
consular services were directed to the U.S. Embassy in Guyana, creating additional obstacles for those seeking legal ways to migrate. As a result, many have decided to travel irregularly to seek asylum at the U.S.-Mexico border, as described above. As the number of Cuban migrants increased through more traditional irregular routes, the risk of being exploited by smugglers and organized criminal groups along the way also increased. Cubans, in particular, appear to be at increased risk of extortion and kidnapping, as they are believed to have family members based in the United States who have the resources to pay a ransom. Note: You can apply on the basis of the CAA as long as your Cuban spouse or parent meets the requirements of the CAA. It doesn`t matter if your Cuban spouse or parent uses a different green card eligibility category to match legal permanent resident status. The Special Cuban Migration Program, or “Cuban Lottery,” was open to all adult Cubans between the ages of 18 and 55 who resided in Cuba, whether they qualified for a U.S. immigrant visa or a refugee program. The lottery has provided an additional pathway of legal migration for a diverse group of Cubans, including those who may not have close relatives in the United States. The last registration deadline was from 15 June to 15 July 1998. The U.S.
Census Bureau defines a foreign-born person as not having U.S. citizenship at birth. The foreign-born population includes naturalized citizens, legal permanent residents, refugees and asylum seekers, legal non-immigrants (including those with a student, work or other temporary visas) and people residing in the country without authorization. The Department of Homeland Security (DHS) has announced two new options for Ukrainians who have fled Ukraine or are seeking safe haven in the United States due to Russia`s war against their country.
