Why do Cubans get special status in the U.S.?

The Cuban Adjustment Act of 1996

Oftentimes, immigrants wonder why Cubans are able to obtain residency quicker than those from other countries. There have been numerous debates about why this happens and, usually, a lot of misinformation associated with the issue. I've noticed that a lot of immigrants become angry when I ask them about Cubans have protected and/or special status in the U.S. But, honestly, how can someone complain about someone who was born in a communist country getting residency faster than someone who did not come from communism?

Immigration is a difficult process for everyone, not just Cubans, but here are some facts an immigration handbook released by the Department of Homeland Security (Adjudicator's Field Manual):

• It became law on November 2, 1996
• Originally designed to permit Cuban refugees, usually non-immigrants or parolees, to adjust to status as a legal permanent resident, who had no other means of obtaining legal status

Q: Who is eligible under the Cuban Adjustment Act?

• A Cuban native or citizen
  
• A person born in Cuba and still a Cuban citizen
• A "stateless" person (who lost their Cuban citizenship and obtained citizenship elsewhere) who was born in Cuba
• A person born in Guantanamo Bay, on the U.S. Naval Base
• A person born outside of Cuba, but still a citizen

Q: What do you need to prove you are Cuban?

• A valid Cuban passport or any other official document from Cuba that identifies you as a citizen

Q: How do you qualify once you prove that you are Cuban?

• Maintain physical presence in the U.S. for a total of one year

Q: Can my children seek adjustment too?

• A dependent--spouse or child--can apply under the Cuban Adjustment Act, regardless of where they were born, if they physically reside with the qualifying applicant.

Q: Where do I have to enter the country?

• It is recommended that you enter the U.S. through a valid point of entry, but you will not be inadmissible under the Cuban Adjustment Act if you do not enter through a point of entry.

What documents do I need to fill out? All links go straight to immigration documents on the U.S. Citizenship and Immigration Services' website and are listed here:

• I-485 and application fee. Click here to fill out.
• Biographic Information. Click here to fill out.
• Fingerprint chart. Click here for more info about fingerprints.
• 2 passport photos
• Medical report. Click here to fill out.
  
• Health and Human Services Statistical Data Sheet. Click here to fill out.
  
• Clearance from local police department in area where you have lived more than 6 months