The Cuban Adjustment Act is a legal instrument that has provided residency opportunities in the United States to thousands of Cubans since its implementation in 1966. Although its name suggests an application exclusively for Cuban nationals, the Cuban Adjustment Act for foreign spouses is also possible.
Whether you are a Cuban immigrant seeking to understand your rights or you want to apply this law for your foreign spouse, Jaskot Law tells you in detail how this immigration remedy works, from the requirements to the step-by-step process and other key aspects to be well-informed.
What is the Cuban Adjustment Act?
The Cuban Adjustment Act is a U.S. legislation that provides privileged status to Cuban nationals and, in some cases, their foreign spouses. This law, in effect since 1966, allows Cubans arriving in the United States to apply for permanent residency after one year of presence in the country.
In this way, they are offered a special immigration route without the need for a visa. In addition, this resource provides support for their integration and access to social benefits, making it an important tool for Cubans seeking a better life in the United States.
Requirements and Benefits of Cuban Adjustment Act for Foreign Spouses
Before embarking on the process of applying for residency under the Cuban Adjustment Act for a foreign spouse, it is important to understand both the basic requirements that must be met and the benefits it facilitates:
Cuban Adjustment Act Requirements
Among the requirements that an applicant must meet in order to apply for permanent residence through this remedy are:
– Marriage to a Cuban Citizen
The fundamental requirement is to be married to a Cuban national who has been admitted or obtained humanitarian permission in the United States, or intends to do so.
– Continuous Cohabitation
The couple must show that they have lived together continuously from the date of the marriage until the date of the application for adjustment of status.
– No Serious Criminal Record
The foreign spouse must have a clean record and not be involved in serious criminal activity that would disqualify him/her.
– Immigration Eligibility
The Cuban spouse must be eligible for immigration under the Cuban Adjustment Act and meet specific requirements.
Benefits of Cuban Adjustment Act for Foreign Spouses
On the other hand, some of the significant benefits that this resource offers to qualifying foreign spouses are:
– Permanent Residence
Once the application is approved, the foreign spouse obtains permanent residency in the United States, which allows him/her to live and work in the country legally.
– Access to Social Benefits
Beneficiaries can access a variety of social benefits, including health care and social security programs.
– Family Reunification
The law allows families to reunite in the United States, which is a crucial goal for many couples who have been separated due to immigration restrictions.
– Path to Citizenship
After meeting certain permanent residency requirements, the foreign spouse may apply for U.S. citizenship.
Interested in benefits, but not sure if you meet the requirements to apply for the Cuban Adjustment Act for foreign spouses? No worries, Jaskot Law has a team of lawyers ready to guide you every step of the way.
Step-by-step process: how to apply for the Cuban Adjustment Act and reunite with your partner
The process for obtaining residency under the Cuban Adjustment Act for foreign spouses consists of several key steps. These include:
| 1. Petition of the Cuban Spouse: The Cuban spouse must file a petition with the U.S. Citizenship and Immigration Services (USCIS) using Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for adjustment of status. |
| 2. Medical Examination and Vaccinations: The alien spouse must submit Form I-693, Report of Immigration Medical Examination and Immunization Record, to demonstrate that he or she is not inadmissible for public health reasons. |
| 3. Supporting Documentation: All supporting documents must be collected and submitted, which may include marriage certificates, proof of cohabitation, work history and more. |
| 4. Interview at USCIS: Once the petition is reviewed, the alien spouse will be scheduled for an interview at a USCIS office. |
| 5. Approval and Adjustment of Status: If the application is approved, the alien spouse’s status is adjusted to permanent resident. |
Required Documentation to Apply for the Cuban Adjustment Act for Foreign Spouses
On the other hand, while the documentation is almost the same as for a Cuban immigrant, the foreign spouse of a Cuban must present additional documentation. Among them, the following are highlighted:
- Evidence supporting the relationship with the spouse, such as a marriage certificate.
- Documentation confirming the spouse’s nationality, which may include birth certificate, passport or citizenship card.
- Copy of the spouse’s Form I-797, Notice of Approval or Receipt of Form I-485, or instead, a copy of the green card if both spouses are filing simultaneously.
- Evidence that both spouses share the same domicile.
- Evidence that the spouse was physically present in the United States for at least one year.
- Two passport-type photographs.
- Copy of an official identification document with photograph.
- Copy of birth certificate.
- Copy of the passport page containing the non-immigrant visa, if applicable.
- Copy of passport page with official admission stamp or permit, if applicable.
- Copy of Form I-94, Entry/Exit Record, or alternatively, a copy of the Customs and Border Protection (CBP) admission/permit stamp, if required.
Don’t let this extensive list of documentation to submit with your application overwhelm you. Contact Jaskot Law and rest assured that you are presenting everything you need in a timely manner for a successful case.
Conclusion
The Cuban Adjustment Act for foreign spouses offers a valuable opportunity to obtain residency in the United States. If you meet the requirements and follow the process properly, you can access a series of benefits and the possibility of legally settling in this country.
However, it is essential to be well-informed and seek legal advice if necessary, as the process can be complex. The team of specialized lawyers of Jaskot Law knows that this immigration remedy is a path to family reunification, so they will not hesitate to give you the advice you deserve.
Sources
Form I-485, Application to Register Permanent Residence or Adjust Status
Form I-693, Report of Immigration Medical Examination and Vaccination Records
Frequently Asked Questions
Can a foreign spouse apply for residency under the Cuban Adjustment Act if his or her Cuban partner is already a permanent resident rather than a U.S. citizen?
No, the Cuban Adjustment Act only applies to Cuban spouses who are U.S. citizens. If the Cuban spouse is a permanent resident rather than a citizen, other family immigration options should be explored.
How long does it take to complete the entire process to obtain residency under the Cuban Adjustment Act?
The time varies, but in general, the process can take several months to a year or more. The length of time depends on factors such as USCIS workload and the complexity of your case.
Can an alien spouse work while the adjustment of status application is being processed?
Yes, in general, the foreign spouse may apply for a work permit once the I-485 petition has been accepted by USCIS.
Does the Cuban Adjustment Act for foreign spouses have an annual quota limit?
No, the Cuban Adjustment Act does not have an annual quota limit. Foreign spouses of Cuban citizens may apply for adjustment of status at any time, without quota-based restrictions.
Is there a fee to apply for residency under the Cuban Adjustment Act for foreign spouses?
Yes, there are fees to be paid when carrying out this process, which will vary according to the documentation to be submitted. For more information, you can read our article where we answer this and other frequently asked questions about the Cuban Adjustment Act.
