What Is the Cuban Adjustment Act and Who Qualifies?

Highlights

• The Cuban Adjustment Act has offered a direct path to a green card for Cuban nationals since 1966, separate from most other immigration categories.

• Eligibility generally comes down to three things: being Cuban, being inspected or paroled into the country, and one year of physical presence.

• Spouses of Cuban nationals who adjusted under the law may qualify too, even if they aren't Cuban themselves.

• Nearly 3 million people of Cuban origin now live in the United States, and immigration policy affecting them has shifted repeatedly over the past decade.

• A green card approved under the Cuban Adjustment Act typically comes with a 10-year, unconditional status, not a conditional one.

• De Maio Law, PLLC has built its practice around Cuban Adjustment Act cases, with Cuban-born team members who understand the process firsthand.

Most paths to a green card in the United States involve years of waiting, a sponsoring relative or employer, and a visa number that may or may not be available yet. The Cuban Adjustment Act works differently. Passed in 1966, it gives eligible Cuban nationals, and in some cases their spouses, a more direct route to lawful permanent residency after just one year in the country. Understanding who actually qualifies, and what the process involves, matters more than ever given how much immigration policy affecting Cuban nationals has changed in just the past few years, which is exactly the kind of shifting landscape a Cuban adjustment act law firm tracks closely on behalf of its clients.

What Is the Cuban Adjustment Act?

The Cuban Adjustment Act was signed into law in 1966, during a period of large-scale migration from Cuba following the 1959 revolution. Rather than requiring Cuban nationals to go through the standard immigrant visa process, the law created a separate pathway to a green card for anyone who had been inspected and admitted, or paroled, into the United States.

The law has remained in place for nearly six decades, even as the broader immigration policies surrounding how Cubans actually arrive in the country have shifted multiple times, from the wet-foot, dry-foot era to more recent parole programs. What hasn't changed is the core structure of the adjustment process itself once someone is here and meets the basic requirements.

Who Qualifies Under the CU6 Category?

The primary pathway under the Cuban Adjustment Act, often referred to as a CU6 case, applies directly to Cuban nationals. To qualify, an applicant generally needs to be a Cuban citizen or national, have been inspected and admitted or paroled into the United States, and have been physically present in the country for at least one year since that entry or parole.

Applicants also need to be admissible as a lawful permanent resident, or qualify for a waiver if a specific ground of inadmissibility applies. One notable feature of a CU6 case is that it doesn't require maintaining lawful status the entire time, and it doesn't require a Form I-864 Affidavit of Support, which is a significant difference from most family-based green card categories. Approval typically results in a 10-year, unconditional green card, and applicants may apply for work authorization and travel permission while the case is still pending.

What About Spouses and Family Members (CU7)?

A spouse of a Cuban national who obtained residency through the Cuban Adjustment Act may qualify for a similar path, commonly called a CU7 case, even if that spouse isn't Cuban themselves. The requirements mirror the CU6 category in several ways: physical presence for at least one year, inspection or parole into the country, and admissibility as an immigrant.

This pathway matters because it means a marriage to a CU6 recipient can open up a faster, more direct route to residency than the standard family-based visa process, which often involves a much longer wait for a visa number to become available. Like CU6 cases, CU7 applicants generally aren't required to file a Form I-864, and the spouse does not need to be a Cuban national to qualify.

This is one of the details that trips people up most often. A non-Cuban spouse married to someone who adjusted status through employment, rather than through the CAA itself, generally doesn't qualify for a CU7 case, which makes confirming exactly how a spouse obtained their own green card an important first step.

Why the Cuban Adjustment Act Matters More Than Ever

According to Pew Research Center, there were roughly 2.9 million people of Cuban origin living in the United States as of 2024, making Cubans the third-largest Hispanic origin group in the country after Mexicans and Puerto Ricans. That population has grown substantially in recent years, driven partly by a historic wave of migration from the island since 2020.

According to USCIS, more than 1.5 million Cuban nationals have been granted lawful permanent resident status under the Cuban Adjustment Act since its enactment in 1966, a figure that reflects just how central this single law has been to Cuban immigration for nearly 60 years. With immigration policy continuing to shift, understanding how the CAA fits into that bigger picture matters for anyone navigating it today.

Why Work With an Experienced Cuban Adjustment Act Law Firm

The eligibility rules for a CU6 or CU7 case sound straightforward on paper, but the details matter. Questions about what counts as a valid parole record, how to correct errors in an I-94 entry document, or how a prior status adjustment through another category affects a spouse's eligibility can all complicate what looks like a simple case at first glance.

A Cuban adjustment act law firm that handles these cases regularly knows the specific documentation USCIS expects and the common reasons applications get delayed or denied. De Maio Law, PLLC has built deep experience specifically in CU6 and CU7 cases, working with clients across Florida and nationwide, with a team that includes Cuban-born members who understand both the legal process and the personal weight behind it.

Working with a firm that focuses on this specific area of immigration law, rather than a general practice handling a wide range of case types, tends to mean fewer surprises. Corrections to an I-94 record, questions about a Cuban Medical Professional Parole entry, or a spouse's eligibility under CU7 all come up regularly for a Cuban Adjustment Act law firm in a way they wouldn't for an attorney who only occasionally sees CAA cases.

Talk to a Cuban Adjustment Act Law Firm About Your Case

Qualifying under the Cuban Adjustment Act comes down to specific, documented facts: nationality, entry or parole record, and physical presence. Getting those details right the first time makes a meaningful difference in how smoothly a case moves through USCIS.

De Maio Law, PLLC represents Cuban nationals and their families from its office in Coral Gables, Florida, serving clients throughout Miami, South Florida, and nationwide. Reach out to schedule a consultation and find out whether the Cuban Adjustment Act applies to your situation.

Frequently Asked Questions

What is the difference between the Cuban Adjustment Act and a regular green card process?

The Cuban Adjustment Act allows eligible Cuban nationals to apply for a green card after one year of physical presence in the U.S., without needing a visa petition or Form I-864 Affidavit of Support. Most other green card categories require a longer process involving a sponsor and, often, a wait for a visa number to become available.

How long do I have to wait in the US before applying under the Cuban Adjustment Act?

Applicants generally need to have been physically present in the United States for at least one year after being inspected and admitted, or paroled, before filing for adjustment of status under the Cuban Adjustment Act.

Does De Maio Law, PLLC handle Cuban Adjustment Act cases?

Yes, De Maio Law, PLLC focuses specifically on Cuban Adjustment Act cases, including both CU6 cases for Cuban nationals and CU7 cases for their spouses, from its office in Coral Gables, Florida.

Have questions about your case?

Talk to an immigration attorney at De Maio Law. Request a case evaluation or message us on WhatsApp at (786) 440-1672. We serve clients in English, Spanish, Italian and Hungarian.