Cubans who are able to enter the United States, be it legally or illegally, can apply to adjust status (for residency) one year after being admitted or paroled into the country. Natives of Cuba who are admitted under any status, such as that of a tourist, student, fiancée, etc., can file for residency after one year. Even those who enter illegally (without inspection) can present themselves to the U.S. Customs and Border Patrol and receive paper documenting entry, usually a parole, and in a year, can apply for residency. An illegal entrant may be detained for some days or longer while their police background check is made.

When the Cuban applies for residency, he or she will need to have their birth certificate with a translation into English. They will also need to send a copy of the document given them by the inspecting officer when they were admitted or by the Border Patrol when they entered.

Spouses and children (includes step-children, if marriage was formed before child turned 18) of a Cuban who is doing or who did Cuban Adjustment, can also do Cuban Adjustment even if they are not Cubans themselves. They must also wait until at least a year after entry. And the Cuban spouse, parent, or step-parent must not have become an American citizen.

Please contact us for more information on Cuban Adjustment.