Natives or citizens of Cuba who have been living in the U.S. may be able to bypass the usual process of applying for a Green Card under the Cuban Adjustment Act. To check your eligibility for this program, speak with a knowledgeable Miami immigration lawyer at Almeyda Law, P.A.

The Cuban Adjustment Act was passed in 1996. It created a particular procedure under which people who were born on Cuba or who are naturalized Cuban citizens can get a Permanent Resident Card, or Green Card, in the United States. Under the law, spouses and children who accompany the individual may be eligible for the same benefits.

This unusual law makes it possible for the U.S. Attorney General to grant a Green Card to Cuban citizens or natives if they meet the following criteria:

• The applicant has been living in America for a minimum of one year;
• The applicant has been paroled or admitted; and
• The applicant is admissible as an immigrant.

Because of the Cuban Adjustment Act, the Green Card applicant may be approved even if they do not fulfill all of the usual requirements that immigrants typically must meet to receive a Green Card. Additionally, while the number of Green Cards that are distributed each year typically is limited, this cap does not apply to those who qualify under the Cuban Adjustment Act. Even a Cuban citizen or national who does not enter the U.S. through an open port-of-entry still may be eligible if they have received a parole from the U.S. Customs and Immigration Service.

The process to apply for a Green Card under the Cuban Adjustment Act is not the same as the process of applying for a Permanent Resident Card in the usual manner. A specific application must be submitted, and it is not necessary for a U.S. citizen to sponsor the immigrant.

One of the main benefits of applying under the Cuban Adjustment Act is the eligibility for benefits that is available for the applicant’s spouse and minor children. These relatives also may be able to apply as long as their relationship is ongoing and they are residing with the applicant. Consulting with a dedicated Miami immigration attorney about these and other requirements is recommended if several family members are hoping to remain permanently in the U.S. under the Cuban Adjustment Act.

Contact the Florida immigration law firm Almeyda Law, P.A. at (305) 914-3714 if you believe that you may be eligible to apply for a Green Card under the Cuban Adjustment Act. Your attorney can advise you regarding your eligibility and the potential eligibility of your spouse and minor children as well as guide you throughout the entire process.