Immigration pathway · CC-BY-4.0
Cuban Adjustment Act (Pub. L. 89-732) — Florida cost, eligibility, and I-864 exemption
Cuban nationals adjust status under the Cuban Adjustment Act, Pub. L. 89-732. The filing package omits the I-864 Affidavit of Support — the CAA's deemed-admission provision is interpreted by USCIS and the courts to remove the INA § 212(a)(4) public-charge ground for qualifying Cuban applicants. Default Florida cost: $2,530–$2,980 (about $675 less than marriage AOS, reflecting the absent I-864 review burden + sponsor income requirement).
Default Florida cost range: $2,530 – $2,980
Filing package
USCIS, DOS, and NVC fees in integer cents. Source: backend public API at /immigration/calculator/cost?pathway=cuban_adjustment.
I-485 (adult) — Adjustment of Status under Cuban Adjustment Act
$1,440 paper / $1,375 online
I-485 filed without an underlying I-130 petition — eligibility flows from CAA, not a family or employment petition.
- Pub. L. 89-732
- INA § 245
I-765 (concurrent) — Employment Authorization
$260 paper
Authorizes work while the I-485 is pending.
- 8 CFR § 274a.12(c)(9)
I-131 (advance parole) — Application for Travel Document
$630 paper / $580 online
Permits travel during AOS adjudication. Cuban applicants should consult counsel before traveling to Cuba while LPR-pending — re-entry rules differ from third-country travel.
- INA § 212(d)(5)
I-693 — Medical examination
$200 paper
Civil-surgeon exam ($200–$650 range).
- INA § 232
Eligibility
1. Cuban native or citizenship
Applicant must be a native or citizen of Cuba. Cuban descent (parentage) alone does not qualify — birth or citizenship in Cuba is required.
- Pub. L. 89-732 § 1
2. At least one year of physical presence in the U.S.
The CAA requires the applicant to have been physically present in the U.S. for at least one year prior to filing — counted from the date of admission or parole.
- Pub. L. 89-732 § 1(a)
3. Admitted or paroled into the United States
Lawful entry — admission with a visa or parole at the border — is required. Entry without inspection blocks CAA adjustment.
- Pub. L. 89-732 § 1(a)
4. Not subject to national-security or aggravated-felony bars
INA § 212(a)(2) (criminal) and § 212(a)(3) (security) grounds still apply. The CAA's public-charge exemption does NOT extend to criminal or security bars.
- INA § 212(a)(2)
- INA § 212(a)(3)
Common pitfalls
Treating CAA as automatic for any Cuban national
The CAA requires inspection/admission/parole + 1-year presence + no security/criminal bar. A Cuban national who entered without inspection cannot adjust under the CAA without first obtaining parole or another lawful entry.
- Pub. L. 89-732 § 1(a)
Departing for Cuba during AOS adjudication
Travel to Cuba while I-485 is pending raises re-entry questions distinct from third-country travel. The advance parole I-131 governs the legal return, but Cuba-specific OFAC and DHS guidance affects practical re-entry — consult counsel before purchasing tickets.
- 31 CFR Part 515 (OFAC Cuban Assets Control Regulations)
Assuming the CAA exempts criminal-based inadmissibility
The CAA's interpretation of INA § 212(a)(4) removes the public-charge ground only. Criminal grounds at § 212(a)(2) and security grounds at § 212(a)(3) still apply and may require I-601 waivers.
- INA § 212(a)(2)
- INA § 212(a)(3)
Primary statutes
- Public Law 89-732 (Cuban Adjustment Act of 1966)
- Special statutory adjustment path for Cuban natives + citizens.
- INA § 245
- Adjustment of status procedural framework.
- INA § 212(a)(4)
- Public-charge ground — removed by USCIS + judicial interpretation of CAA's deemed-admission provision.
- 31 CFR Part 515
- OFAC Cuban Assets Control Regulations — affects re-entry after Cuba travel.
Frequently asked questions
- Why does the Cuban Adjustment Act not require an I-864?
- The CAA's deemed-admission provision is interpreted by USCIS and the courts to remove the INA § 212(a)(4) public-charge ground for qualifying Cuban applicants. With no public-charge inquiry, no I-864 sponsor commitment is required.
- Can a Cuban national who entered without inspection adjust under the CAA?
- No. The CAA requires inspection/admission/parole. Cuban nationals who entered without inspection must first obtain parole — historically via the now-suspended CFRP or via direct DHS parole — before CAA adjustment becomes available.
- Does the CAA apply to spouses and children of Cuban natives?
- Yes, in limited circumstances. The CAA permits derivative adjustment for spouses and unmarried children regardless of nationality, provided the principal Cuban applicant qualifies. Per USCIS Policy Manual Vol. 7 Part L, the 1-year physical-presence requirement applies to the Cuban principal only — derivative spouses and children are not required to independently accrue their own year of presence.
- How does CAA cost compare to other AOS paths?
- $2,530–$2,980 — about $675 less than marriage-based AOS ($3,205–$3,655). The savings reflect the absent I-130 ($675) and the absent I-864 review burden + sponsor income requirement.
Sources
- 1USCIS — Green Card for a Cuban Native or Citizen(accessed 2026-06-01)
- 2Public Law 89-732 (1966)(accessed 2026-06-01)
- 3USCIS Policy Manual — Volume 7 Part L (Cuban Adjustment Act)(accessed 2026-06-01)
Legal
This data is generated by the Unilegal Florida immigration methodology model for educational purposes and does not constitute legal advice. The Immigration and Nationality Act (8 U.S.C.), Title 8 of the Code of Federal Regulations, USCIS policy manual, the Federal Register fee rules (incl. 89 FR 6194), Public Law 119-21 (H.R. 1, 2025), and Florida Statutes are the authoritative sources. USCIS fees and EOIR caselaw change frequently; always verify against uscis.gov + justice.gov/eoir.
Immigration matters affect lawful status, employment authorization, and removal exposure. Consult a Florida-licensed attorney verified at floridabar.org — never a 'notario' or non-attorney consultant. Notarios cannot give legal advice in the United States; fraudulent representations to USCIS trigger lifetime inadmissibility under INA § 212(a)(6)(C).