Spouses and children of Cuban citizens (who are legal permanent residents or eligible to become a legal permanent resident) may also be eligible to apply for adjustment of status through the Cuban Adjustment Act, even if they are not Cuban citizens. However, Cubans and their non-Cuban Spouses and children must still prove that they were inspected and admitted or paroled into the United States. Thus, any spouse or child that entered the U.S. illegally will NOT be eligible to apply for adjustment of status through the Cuban Adjustment Act.
The basic requirements to qualify to adjust status through the Cuban Adjustment Act are:
(1) The Cuban citizen is eligible to adjust status or has been granted legal permanent residence;
(2)(a) For spouses: prove the legal marital relationship;
(2)(b) For children: prove the legal or biological relationship;
(3) Reside with the Cuban citizen;
(4) Prove inspection and admission, or parole into the U.S. after January 1, 1959;
(5) Admissible to the U.S.; and,
(6) Eligible to adjust status;
Also keep in mind that non-Cuban Spouses and children, cannot become legal permanent residents before the Cuban spouse/parent has become an legal permanent resident. There are also VAWA protections through the Cuban Adjustment Act for spouses and children who may have been subjected to abuse or extreme cruelty.
For more information about the Cuban Adjustment Act, you can visit the U.S. Citizenship and Immigration Services (USCIS) website at:
If you are not sure whether you or someone you know may qualify for any benefits through the Cuban Adjustment Act, you should contact an licensed immigration attorney or BIA accredited representative for legal assistance.
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