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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. 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. 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. 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. 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

  1. 1USCIS — Green Card for a Cuban Native or Citizen(accessed 2026-06-01)
  2. 2Public Law 89-732 (1966)(accessed 2026-06-01)
  3. 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).

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