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Cuban Refugees: Adjustment of Status
Pub. L. 89-732, Nov 2, 1966, 80 Stat. 1161, as amended by Pub. L. 94-571, Sec. 8, Oct. 20, 1976, 90 Stat. 2706; Pub. L. 96-212. Title II. Sec. 203 (i) Mar. 17, 1980, 94 Stat. 108, provided:

“That, notwithstanding the provisions of section 245 (c) of the Inmigration and Nationality Act (subsecc. (c) of this section), the status of any alien who is a native or citizen of Cuba and who has been inspected and admitted or paroled into the United States subsequent to January 1st, 1959 and has been physically present in the United States for at least one year, may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if the alien makes an application for such adjustment, and the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence.

Upon approval of such an application for adjustment of status, the Attorney General shall create a record of the alien´s admission for permanent residence as for a date thirty months prior to the filing of such an application or the date of his last arrival into the United Sates , whichever date is later. The provisions of this Act shall be applicable to the spouse and child of any alien described in this subsection, regardless of their citizenship and place of birth, who are residing with such an alien in the United States.

Sec. 2. In the case of any alien described in section 1 of this Act who prior to the effective date thereof (Nov. 2, 1966) has been lawfully admitted into the United Sates for permanent residence , the Attorney general shall, upon application, record his admission for permanent residence as of the date the alien originally arrived in the United States as a nonimmigrant or as a parolee, or a date thirty months prior to the date of enactment of this Act (Nov 2, 1966), whichever date is later.

Sec. 3. Section 13 of the Act entitled “An Act to amend the Inmigration and Nationality Act, and for other purposes”, approved October 3, 1965 (Public Law 89-236) (amending subsecs. (b) and (c) of this section) is amended by adding at the end thereof the following new subsection:

“(c) Nothing contained in subsection (b) of this section (amending subsec. (c) of this section) shall be construed to affect the validity of any application for adjustment under section 245 (this section) filed with the Attorney General prior to december 1st, 1965, which would have been valid on that date; but as to all such applications the statutes or parts of statutes repealed or amended by this Act (Pub. L. 89-236) are, unless otherwise specifically provided therein, continued in force and effect”.

Sec. 4. Except as otherwise specifically provided in this Act, the definitions contained in section 101 (a) and (b) of the Immigration and Nationality Act (Section 1101 (a), (b) of this tittle) shall apply in the administration of this Act. Nothing contained in this Act shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of the Immigration and Nationality Act (this chapter) or any other law relating to immigration, nationality or naturalization.

Sec. 5. The approval of an aplication for adjustment of status to that of lawful permanent resident of the United States pursuant to the provisions of section 1 of this Act shall not require the Secretary of State to reduce the number of visas authorized to be issued in any class in the case of any alien who is physically present in the United States on or before the effective date of the Immigration and Nationality Act Amendments of 1976 (See Efective date of 1976 Amendment Note Above)

Section 204 (b) (1) ( c) of Pub. L. 96-212 provided that the amendment of section 1 of Pub. L. 89- 732, set out above, by Pub. L. 96- 212 is effective inmediately before Apr. 1, 1980.

April 26, 1999

Clarification of Eligibility for Permanent Residence Under the Cuban Adjustment Act.

WASHINGTON, DC. In a memorandum to aII INS officers last week, Commissioner Doris Meissner clarified that Cubans — along with their spouses and children— who arrive at other than designated ports-of-entry into the United States are eIigible for parole, as well as eventual adjustment of status to that of permanent resident, under the 1966 Cuban Adjustment Act (CAA). A designated port of entry includes airports, seaports, and Iand ports located at the border.

The memorandum is not a change in INS policy. It ‘s a clarification that the policy applies to Cubans arriving at other than ports of entry. There has been a question about their eIigibility for parole and for permanent residence under the CAA because of the changes in the Inmigration Act of 1996.

“This policy cIarification, effective, immediateIy, helps define in specific terms those Cubans who are eligible for parole and adjustment of status under the Cuban Adjustment Act, regardless of how they arrived in the United States, “stated INS Commissioner, Doris Meissner.

Under the CAA, a Cuban national who is paroled may, one year after the grant of parole, apply for permanent residence in the United States. The fact that a Cuban national arrived in the United States at a place other than a designated port of entry will not make him or her ineligible for permanent residence under the CAA (unless the individual is ineligible on other grounds such as having a criminal record). This action removes a significant bar to permanent residence status, if the Cuban are oterwise eligible for adjustment under the CAA. A Cuban national, who is in the United States without having been admitted or paroled by INS, must first surrender into INS custody, and receive a grant of parole, and wait one year before applying for permanent residence under the CAA. With the grant of parole, the Cuban national will be eligible to apply for employment authorization. INS.