Cuban Adjustment Act and Haitian relief
The Cuban Adjustment Act of 1966 lets a Cuban national who has been inspected and admitted or paroled, and physically present for a year, adjust to permanent residence without a petition or a visa number. The Haitian Refugee Immigration Fairness Act gives a parallel, narrower benefit to certain Haitians. Both are statutory carve-outs that survive independent of the ordinary system.
Who it is for. Cuban natives or citizens, their spouses and children, and certain Haitians covered by HRIFA, including abused spouses and children under both statutes.
The forms, in order
- 1
Establish that you were inspected and admitted or paroled
This is now the central fight. The BIA held in Matter of Q. Li that release on Form I-220A is not a parole, and the circuits have split.
- 2
Accumulate one year of physical presence in the United States
- 3
File Form I-485 under the Cuban Adjustment Act
- 4
Apply for a work permit while the adjustment is pending
- 5
Attend the interview and receive the green card
Where it goes wrong
- Whether an I-220A release counts as parole decides eligibility for many recent arrivals, and the answer depends on which circuit you are in.
- The one-year physical presence requirement runs from the admission or parole, not from arrival.
- HRIFA is far narrower than the Cuban Adjustment Act and its filing deadlines have long passed for most categories.
- Terminating parole retroactively has been used to attack eligibility.
What changed in 2025 and 2026
- The CHNV parole processes were terminated in 2025 and existing parole grants were curtailed, which cut off the parole route to Cuban Adjustment Act eligibility for many recent arrivals.
- Matter of Q. Li and the resulting circuit split over Form I-220A remain the central issue in these cases.
- Processing time for Cuban Adjustment Act cases more than doubled between FY 2024 and FY 2026.