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Adjustment of Status - Frequently Asked Questions


What does the U.S. Immigration law say about Adjustment of Status?

The Immigration and Nationality Act is the law that governs the admission of immigrants to the U.S. For the part of the law concerning Adjustment of Status. please see INA § 245. The specific eligibility requirements and procedures for applying to adjust status are included in the Code of Federal Regulations [CFR] at 8 CFR § 245.1, et seq

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What is the eligibility criteria for Cuban Nationals or citizens seeking legal permanent resident status in the U.S.?

As a Cuban national or citizen, you may apply for Adjustment of Status if you have been present in the U.S. for at least one year since admission or parole and are admissible as immigrants. The public charge ground of inadmissibility does not apply to applicants filing for benefits under the Cuban Adjustment Act (CAA). Nor does inadmissibility for having arrived at a place other than an open port of entry apply. If you arrive at a place other than an open port-of-entry, you are still eligible for Adjustment of Status as long as you have been paroled. If you are inadmissible on any other ground, you are not eligible for Adjustment of Status under the CAA unless you are eligible for, and have obtained, a waiver of inadmissibility.

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