Guide to Eligibility under the Cuban Adjustment Act: Key Changes after Matter of Cabrera-Fernandez

Viktor A. De Maio
Sep 12, 2025
3 min read

For more than 50 years, the Cuban Adjustment Act (CAA) has provided a pathway for Cubans to obtain permanent residency in the United States. However, with the Matter of Cabrera-Fernandez (2023) decision by the Board of Immigration Appeals (BIA), eligibility rules have tightened, especially regarding parole types.

This comprehensive guide on eligibility under the Cuban Adjustment Act will cover:

The impact of Matter of Cabrera-Fernandez.
Current eligibility requirements.
Key documentation you must provide.
Common mistakes to avoid.
Alternatives if you do not qualify.

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Current eligibility under the Cuban Adjustment Act

According to USCIS, eligibility under the Cuban Adjustment Act requires:

Being a native or citizen of Cuba.
Being inspected and admitted or granted humanitarian parole under INA § 212(d)(5)(A).
Entry into the U.S. after January 1, 1959.
Being physically present in the U.S. at the time of filing Form I-485.
Having been physically present in the U.S. for at least one year prior to applying.
Being admissible to the U.S. or qualifying for a waiver.
Convincing USCIS that you warrant favorable discretion.

The impact of Matter of Cabrera-Fernandez

The BIA clarified that only humanitarian parole under INA § 212(d)(5)(A) qualifies for adjustment under the CAA. Other types of conditional parole, like the I-220A, do not meet eligibility.

This means eligibility under the Cuban Adjustment Act now depends heavily on the exact type of entry and documentation.

Essential documentation

Cuban passport or birth certificate.
I-94 or parole stamp showing inspection and lawful parole.
Evidence of one year of continuous physical presence in the U.S.
Proof of presence at the time of filing.
Waiver evidence if inadmissibility applies.

Common mistakes

Submitting conditional parole instead of humanitarian parole.
Failing to document one full year of continuous presence.
Filing with unclear or incomplete entry records.
Ignoring inadmissibility grounds and waiver options.

Alternatives if you do not qualify

Apply for asylum if eligible.
Family-based petitions through U.S. citizens or LPR relatives.
Family reunification parole programs.
Other humanitarian relief options.

FAQs – Frequently Asked Questions

What is the difference between humanitarian parole and conditional parole?Humanitarian parole counts; conditional parole (like I-220A) does not.
Can I apply with only an I-220A?
No, that document is not valid under Matter of Cabrera-Fernandez.
Do I have to wait one year before applying under the CAA?
Yes, one year of continuous U.S. presence is required.
Can I work while my case is pending?
Yes, with an Employment Authorization Document (EAD).
What if I have minor criminal records?
You may still apply, but a waiver could be needed.
How long does CAA adjustment take?
Average 8–14 months, depending on USCIS workload.
Can I travel outside the U.S. while waiting?
Only with approved advance parole.

Conclusion

Eligibility under the Cuban Adjustment Act remains a vital legal avenue for Cubans seeking permanent residency. Yet, after Matter of Cabrera-Fernandez, only humanitarian parole qualifies, making accurate documentation and legal advice essential.