Cuban Refugee Adjustment Act
Encyclopedia
The Cuban Adjustment Act (CAA), Public Law
89-732, is a United States federal law enacted on November 2, 1966. The law applies to any native or citizen of Cuba
who has been inspected and admitted or parole
d 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 as a permanent resident
.
Immigrant visa
s are issued to the parents, spouses and children (unmarried and under 21 years of age) of U.S. citizens as soon as the immigrant visa petition is approved by the Immigration and Naturalization Service
.
Immigrant visas are also available to a range of persons who can qualify for family or employment-based visas under the preference system that controls numerically limited immigration to the United States.
The preference system allows U.S. citizens to bring their siblings and their adult married children to the United States. Lawful permanent residents of the United States can petition for their spouses, minor children, and unmarried adult children). The waiting period for preference visas varies by category.
Those who have been persecuted in Cuba, or who fear persecution (on the basis of race, religion, nationality, membership in a particular social group, or political opinion), may apply for U.S. resettlement through its in country refugee processing unit at the United States Interests Section in Havana
.
The diversity visa program is also available in Cuba. There are 55,000 visas available annually to eligible applicants from around the world. For the three years that we have statistics, the success rate for Cuban applicants is quite high. In 1996 approximately 67% of those registered were issued visas, in 1997 the success rate was 69% and in 1998 a total of 73% of Cuban applicants who applied for the diversity visa program were issued visas.
The Special Cuban Migration Program, or "Cuban lottery", is open to all adult Cubans between the ages of 18 and 55 years of age who are resident in Cuba regardless of whether they qualify for our immigrant visa or refugee programs. The lottery provides an avenue of legal migration to a diverse group of Cubans, including those who might not have close relatives in the United States. The last registration period was held from June 15 - July 15, 1998.
Two other immigration rules are also waived. Unlike other immigrants, Cubans are not required to enter the United States at a port-of-entry. Second, being a public charge doesn't make a Cuban ineligible to become a permanent resident.
Public law
Public law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law...
89-732, is a United States federal law enacted on November 2, 1966. The law applies to any native or citizen of Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
who has been inspected and admitted or parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
d into the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
after January 1, 1959 and has been physically present for at least one year; and is admissible to the United States as a permanent resident
Permanent residency
Permanent residency refers to a person's visa status: the person is allowed to reside indefinitely within a country of which he or she is not a citizen. A person with such status is known as a permanent resident....
.
Legal Migration to the United States
Cubans in Cuba can legally migrate to the U.S. through various migration programs that include immigrant visa issuance, refugee admission, the diversity lottery, and the Special Cuban Migration Program (SCMP), otherwise known as the Cuban lottery.Immigrant visa
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
s are issued to the parents, spouses and children (unmarried and under 21 years of age) of U.S. citizens as soon as the immigrant visa petition is approved by the Immigration and Naturalization Service
Immigration and Naturalization Service
The United States Immigration and Naturalization Service , now referred to as Legacy INS, ceased to exist under that name on March 1, 2003, when most of its functions were transferred from the Department of Justice to three new components within the newly created Department of Homeland Security, as...
.
Immigrant visas are also available to a range of persons who can qualify for family or employment-based visas under the preference system that controls numerically limited immigration to the United States.
The preference system allows U.S. citizens to bring their siblings and their adult married children to the United States. Lawful permanent residents of the United States can petition for their spouses, minor children, and unmarried adult children). The waiting period for preference visas varies by category.
Those who have been persecuted in Cuba, or who fear persecution (on the basis of race, religion, nationality, membership in a particular social group, or political opinion), may apply for U.S. resettlement through its in country refugee processing unit at the United States Interests Section in Havana
United States Interests Section in Havana
The U.S. Naval Base at Guantanamo Bay is inaccessible from within Cuba. Consular issues regarding the naval base are handled by the U.S. Embassy in Kingston, Jamaica.-Location:...
.
The diversity visa program is also available in Cuba. There are 55,000 visas available annually to eligible applicants from around the world. For the three years that we have statistics, the success rate for Cuban applicants is quite high. In 1996 approximately 67% of those registered were issued visas, in 1997 the success rate was 69% and in 1998 a total of 73% of Cuban applicants who applied for the diversity visa program were issued visas.
The Special Cuban Migration Program, or "Cuban lottery", is open to all adult Cubans between the ages of 18 and 55 years of age who are resident in Cuba regardless of whether they qualify for our immigrant visa or refugee programs. The lottery provides an avenue of legal migration to a diverse group of Cubans, including those who might not have close relatives in the United States. The last registration period was held from June 15 - July 15, 1998.
Current or Recent Alien Adjustment Provisions
A. Cuban Adjustment
(Public Law 89-732, November 2, 1966, as Amended)
That, notwithstanding the provisions of section 245(c) of the Immigration and Nationality Act the status of any alien who is a native or citizen of Cuba and who has been inspected and admitted or paroled into the United States subsequent to January 1, 1959 and has been physically present in the United States for at least one year, may be adjusted by the Attorney GeneralUnited States Attorney GeneralThe United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if the alien makes an application for such adjustment, and the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence. Upon approval of such an application for adjustment of status, the Attorney General shall create a record of the alien's admission for permanent residence as of a date thirty months prior to the filing of such an application or the date of his last arrival into the United States, whichever date is later. The provisions of this Act shall be applicable to the spouse and child of any alien described in this subsection, regardless of their citizenship and place of birth, who are residing with such alien in the United States.
SEC. 2. In the case of any alien described in section 1 of this Act who, prior to the effective date thereof, has been lawfully admitted into the United States for permanent residence, the Attorney General shall, upon application, record his admission for permanent residence as of the date the alien originally arrived in the United States as a nonimmigrant or as a parolee, or a date thirty months prior to the date of enactment of this Act, whichever date is later.
[Section 3 amended § 13 of Pub. L. 89-236 (8 U.S.C. 1255(c)); omitted as executed.]
SEC. 4. Except as otherwise specifically provided in this Act, the definitions contained in section 101 (a) and (b) of the Immigration and Nationality Act shall apply in the administration of this Act. Nothing contained in this Act shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of the Immigration and Nationality Act or any other law relating to immigration nationality, or naturalization.
SEC. 5. The approval of an application for adjustment of status to that of lawful permanent resident of the United States pursuant to the provisions of section 1 or this Act shall not require the Secretary of State to reduce the number of visas authorized to be issued in any class in any alien who is physically present in the United States on or before the effective date of the Immigration and Nationality Act Amendments of 1976.
Modifications
The original Cuban Adjustment Act of 1966 allowed Cubans to become permanent residents if they had been present in the United States for at least 2 years. The Immigration and Nationality Act Amendments of 1976 (P.L. 94-571) reduced this time to one year. Caps on immigration do not apply and it is not necessary that the applicant use a family-based or employment-based immigrant visa petition.Two other immigration rules are also waived. Unlike other immigrants, Cubans are not required to enter the United States at a port-of-entry. Second, being a public charge doesn't make a Cuban ineligible to become a permanent resident.