Cuban Nationals Applying for Legal Permanent Residence should act swiftly... millions of Cuban nationals may lose their privilege to apply for a legal permanent resident status (LPR) under Cuban Adjustment Act of 1966, Pub. L. 89-732 (1966) (CAA).

In order to qualify, an applicant must:

1. Be a native or citizen of Cuba;
2. Have been inspected and admitted or paroled into the U.S. after January 1, 1959.
3. Have at least one (1) year of aggregate physical presence in the U.S. before applying under the CAA.

The most beneficial part of the CAA is that the applicant is not barred from applying if he or she overstayed the non-immigrant visa or if he or she worked without the work authorization. Applicant’s dependents may also apply under the CAA, even if they are not Cuban nationals. However, applicant’s dependents must meet all the eligibility requirements, and must reside with the principal applicant.

In order to apply under the CAA, you must submit the following:

1. Form I-485 (Application by Cuban Refugee for Permanent Resident);
2. Form G-325A (Biographical Information);
3. Form FD-258 (Fingerprint Chart);
4. Two passport photos;
5. Form I-693 (Medical Report);
6. Form I-643 (Health and Services Statistical Data Sheet);
7. A clearance from a local police department where the applicant resided for six months or longer since his or her 14th birthday; and
8. The applicable fee.

The Department of Homeland Security has discretion in granting or denying applications under the CAA, and thus, may schedule an interview for the applicant to appear and submit to questioning on his application.

Thus, our advice to a qualifying Cuban national residing in the United States for at least one year will be:  “Apply as soon as possible.”  by Anna Zhuromskaya, Esq.,