Green Card for a Cuban Native or Citizen

ALERT: If you are applying for a Green Card under the Cuban Adjustment Act (CAA) and would also like to apply for employment authorization, you should file Form I-765, Application for Employment Authorization, using filing category (c)(9), at the same time you file your Form I-485, Application to Register Permanent Residence or Adjust Status, or while your Form I-485 remains pending. An Employment Authorization Document (EAD) based on a pending Form I-485 may be valid up to 5 years.

Note: If you were paroled into the United States under INA 212(d)(5) you may also be eligible to apply for employment authorization based on your parole using filing category (c)(11). However, an EAD based on parole cannot exceed your authorized parole period.

The Cuban Adjustment Act of 1966 (CAA) allows Cuban natives or citizens living in the United States who meet certain eligibility requirements to apply to become lawful permanent residents (get a Green Card).

This page provides specific information for Cuban natives and citizens in the United States who want to apply for a Green Card based on the CAA. This is called “adjustment of status.” You should also read the Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status (PDF, 584.24 KB) before you apply.

In order to be eligible for a Green Card under the CAA, you must meet the following requirements:

• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
• You are a native or citizen of Cuba;
• You were inspected and admitted or paroled after Jan. 1, 1959;
• You have been physically present in the United States for at least one year at the time you file your Form I-485;
• You are physically present in the United States at the time you file your Form I-485;
• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
• You merit the favorable exercise of USCIS’ discretion.

Cuban Citizenship or Native Requirement

If you are a principal applicant, you must submit evidence of being a Cuban native or citizen.

Evidence of Being a Cuban Native (If Born in Cuba):

If you were born in Cuba, examples of evidence you can submit that demonstrate you are a Cuban native include, but are not limited to:

• An expired or unexpired Cuban passport (Pasaporte de la Republica de Cuba) that lists the holder’s place of birth as being Cuba; and
• A Cuban birth certificate issued by the appropriate civil registry in Cuba.

Evidence of Cuban Citizenship (If Born Outside of Cuba):

If you are a Cuban citizen born outside Cuba, examples of evidence you can submit to demonstrate Cuban citizenship include, but are not limited to:

• An unexpired Cuban passport (Pasaporte de la Republica de Cuba);
• Nationality Certificate (Certificado de Nacionalidad); and
• Citizenship Letter (Carta de Ciudadanía).

A Cuban consular certificate documenting an individual’s birth outside of Cuba to at least one Cuban parent is not sufficient evidence to establish Cuban citizenship. This is true even if the consular certificate states that the individual to whom the certificate was issued is a Cuban citizen.

A Cuban birth certificate acknowledging a birth outside of Cuba or Cuban consular birth record issued for a principal applicant who was not born in Cuba is not sufficient to prove Cuban citizenship.

Inspected and Admitted or Paroled After Jan. 1, 1959

To be eligible for a Green Card based on the CAA, you must be present in the United States after being inspected and admitted or paroled by an immigration officer after Jan. 1, 1959. Evidence of lawful admission or parole into the U.S. may include a passport and Form I-94. If DHS paroles you, and you have already been physically present in the United States for at least one year at the time DHS paroles you, then you may apply for adjustment of status immediately after being paroled. Your one-year period of physical presence does not need to follow the parole.

If you are or were a J-1 or J-2 nonimmigrant exchange visitor and are subject to the two-year foreign residence requirement, you may not apply to adjust status unless you have complied with the foreign residence requirement, have been granted a waiver, or have received a Department of State recommendation for a waiver of the foreign residence requirement. See the Instructions for Form I-612, Application for Waiver of the Foreign Residence Requirement, for more information.

To qualify for a Green Card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in INA 212(a) and are called grounds of inadmissibility.

In general, USCIS can only approve your Green Card application if none of the relevant grounds of inadmissibility apply to you, or if you obtain a waiver of inadmissibility for any ground that applies to you. If you are applying for a Green Card based on the CAA, all of the grounds of inadmissibility apply to you except for:

• Public charge (INA 212(a)(4))
• Labor certification (INA 212(a)(5))
• Documentation requirements (INA 212(a)(7)(A))

If you are inadmissible, the law may allow you to apply for a waiver or other form of relief of certain grounds of inadmissibility that can overcome the ground of inadmissibility. You may apply for a waiver or other form of relief by using Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If your waiver or request for another form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible and you can demonstrate that you warrant a favorable exercise of discretion.

Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. Eligibility requirements for waivers and other forms of relief vary. For information on the grounds of inadmissibility and waivers, please see USCIS Policy Manual Volume 8, Admissibility, and Volume 9, Waivers.

If you are currently in the United States, you have been physically present in the United States for at least one year, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card based on the CAA.

You should submit the following documentation and evidence to apply for a Green Card based on the Cuban Adjustment Act:

• Form I-485, Application to Register Permanent Residence or Adjust Status;
• Two passport-style photographs;
• Copy of your government-issued identity document with photograph;
• Copy of your birth certificate;
• Evidence of being a Cuban native or of your Cuban citizenship (see Cuban Citizenship or Native Requirement in the Eligibility for Adjustment of Status section above);
• Evidence that you have been physically present in the U.S. for at least one year prior to the date you are filing Form I-485 (see the Eligibility for Adjustment of Status section above);
• Copy of your passport page with nonimmigrant visa (if applicable);
• Copy of your passport page with your admission or parole stamp (issued by a U.S. immigration officer) (if applicable);
• Copy of Form I-94, Arrival/Departure Record, or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)

Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94;

• Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, such as by mail when we request it or in person at your interview, if any);
• Certified police and court records of criminal charges, arrests, or convictions (if applicable);
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);
• Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see Form I-612, Application for Waiver of the Foreign Residence Requirement);
• If you currently hold A, G, or E nonimmigrant status, include Form I-508, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities; and
• Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only if you have A, G, or NATO nonimmigrant status).

Note: Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. Please see USCIS’ Filing Fees and Fee Schedule for more information.

For more information on applying for a Green Card, see the Instructions for Form I-485 (PDF, 584.24 KB) . Please also see our page on Tips for Filing Forms by Mail.

Eligibility Criteria for Family Members

You are eligible to apply for a Green Card as a family member based on the CAA if you meet the following requirements:

• You are not a Cuban native or citizen but are currently the spouse or unmarried child under 21 of a native or citizen of Cuba who meets the requirements of the CAA;

Note: You may apply under the CAA regardless of how long your relationship has existed. Whether your relationship began before or after your Cuban spouse or parent adjusted to lawful permanent resident status does not matter.

• You properly file your Form I-485:
  • Together with your Cuban spouse or parent’s Form I-485 (and your spouse or parent’s Form I-485 is ultimately approved);
  • While your Cuban spouse or parent’s Form I-485 is still pending with USCIS (and your spouse’s or parent’s Form I-485 is ultimately approved); or
  • After USCIS approves your Cuban spouse or parent’s Form I-485, as long as your spouse or parent is still a lawful permanent resident.

  Note: You may apply based on CAA as long as your Cuban spouse or parent meets the requirements of the CAA. It does not matter if your Cuban spouse or parent uses a different Green Card eligibility category to adjust status to that of lawful permanent resident.

  • You were inspected and admitted or inspected and paroled into the United States after January 1, 1959;
  • You have been physically present in the United States for at least one year at the time you file your Form I-485;
  • You reside with your Cuban spouse or parent who meets the requirements of the CAA;
  • You are admissible to the United States for or eligible for a waiver of inadmissibility or other form of relief; and
  • You merit the favorable exercise of USCIS’ discretion.

  What to Submit (for Family Members)

  If you are not a Cuban native or citizen but are currently the spouse or child of a Cuban native or citizen who meets the requirements of the CAA, you should submit the following evidence to apply for a Green Card based on the CAA:

  • Form I-485, Application to Register Permanent Residence or Adjust Status;
  • Copy of documentation showing your relationship to your Cuban spouse or parent, such as a marriage certificate, birth certificate, or adoption decree;
  • Copy of documentation showing that your spouse or parent is a Cuban citizen or native;
  • Copy of the Form I-797, Approval or Receipt Notice, for your Cuban spouse or parent’s Form I‑485 or a copy of your Cuban spouse or parent’s Green Card (if not filing together with the principal applicant’s Form I-485);
  • Evidence that you reside with your Cuban spouse or parent who meets the requirements of the CAA;
  • Evidence you have been physically present in the U.S. for at least one year;
  • Two passport-style photographs;
  • Copy of your government-issued identity document with photograph;
  • Copy of your birth certificate;
  • Copy of your passport page with nonimmigrant visa (if applicable);
  • Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if applicable);
  • Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)

  Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94;

  • Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, such as by mail when we request it or in person at your interview, if any);
  • Certified police and court records of criminal charges, arrests, or convictions (if applicable);
  • Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
  • Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);
  • Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see Form I-612, Application for Waiver of the Foreign Residence Requirement);
  • If you currently hold A, G, or E nonimmigrant status, include Form I-508, Request for Waiver of Rights, Privileges, Exemptions and Immunities; and
  • Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only if you have A, G, or NATO nonimmigrant status).

  Note: Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. Please see USCIS’ Filing Fees and Fee Schedule for more information.

  Employment Authorization and Advance Parole Documents

  Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization, under the (c)(9) filing category.

  If you need to leave the United States temporarily while your Form I-485 is pending, please see the Instructions for Application for Travel Document for more information.

  For further information, see our Employment Authorization and Travel Documents pages.

  Legal Reference

  For more information, see the following:

  • Cuban Adjustment Act of 1966 (CAA), Pub. L. 89-732 (PDF)
  • 8 CFR 245 – Adjustment of Status to that of a Person Admitted for Permanent Residence
  • USCIS Policy Manual, Volume 7, Part A, Adjustment of Status Policies and Procedures
  • USCIS Policy Manual, Volume 7, Part B, 245(a) Adjustment
  • USCIS Policy Manual Volume 8, Admissibility
  • USCIS Policy Manual Volume 9, Waivers