Cuban Adjustment of Status (AOS)
What IS Cuban Adjustment Act?
The Cuban Adjustment Act, enacted in 1966, is a unique provision that grants certain benefits to Cuban nationals who meet specific eligibility criteria. Under this act, Cubans who have been physically present in the United States for at least one year after their arrival are eligible to apply for Adjustment of Status, allowing them to obtain lawful permanent residency, also known as a Green Card.
Am I Eligible for Cuban Adjustment of Status?
To be eligible for Cuban Adjustment of Status, you typically need to meet the following criteria:
- Cuban Nationality:
- You must be a Cuban national.
- Physical Presence:
- You must be physically present in the United States.
- Inspected and Admitted or Paroled:
- You must have been inspected and admitted or paroled into the United States.
- One-Year Residency:
- You need to have been physically present in the United States for at least one year after being admitted or paroled into the country.
- No Aggravated Felony Convictions:
- You cannot have been convicted of an aggravated felony.
- Not Subject to Certain Bars:
- You cannot be subject to certain bars to adjustment of status, such as those related to security and related grounds.
- No Significant Departures:
- You should not have made any significant departures from the United States during the one-year period of physical presence.
If you meet these criteria, you may be eligible to apply for adjustment of status under the Cuban Adjustment Act. The adjustment of status process typically involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documentation.
What Documents Do I need to file AOS under Cuban Adjustment Act?
To file for Cuban Adjustment of Status, you would generally need to submit the required forms and supporting documentation to USCIS. Here’s a general list of documents that you may need for the Cuban Adjustment of Status process:
- Form I-485, Application to Register Permanent Residence or Adjust Status:
- The primary form for applying for adjustment of status.
- Form I-693, Report of Medical Examination and Vaccination Record:
- A completed medical examination by a USCIS-approved civil surgeon. This form must be in a sealed envelope and is typically submitted with the application.
- Form I-94, Arrival/Departure Record:
- Copy of your I-94 record to demonstrate your entry into the United States.
- Proof of Cuban Nationality:
- Copy of your Cuban passport or other evidence of Cuban nationality.
- Proof of One-Year Physical Presence:
- Documents proving your physical presence in the United States for at least one year after being admitted or paroled.
- Passport-Style Photos:
- Recent passport-sized color photos.
- Proof of Relationship (if applicable):
- If you are including family members in your application, provide proof of the relationship, such as marriage certificates or birth certificates.
- Form I-864, Affidavit of Support (if applicable):
- If required, a completed Form I-864, which is submitted by a sponsoring family member along with supporting financial documentation.
- Form I-131, Application for Travel Document (if applicable):
- If you need to travel outside the United States while your adjustment of status application is pending, you may file Form I-131.
- Form I-765, Application for Employment Authorization (if applicable):
- If you want to work in the U.S. while your adjustment of status application is pending, you may file Form I-765.
This list is not exhaustive, and the specific documents you need may vary based on your individual circumstances and changes in immigration policies. It is crucial to check the most current USCIS instructions for the specific requirements and consult with an immigration attorney or professional for personalized guidance based on your situation.
Our Expertise and Services
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance
After the visa/petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
Recent News
USCIS Updates Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act
Release Date: 08/24/2023 We are updating the USCIS Policy Manual to clarify how we will apply the extraordinary circumstances exception to the “sought to acquire”
Keeping Families Together : Application for Parole in Place (NEW PIP August, 2024)
On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the
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