Cuban Adjustment Act

The Cuban Adjustment Act (CAA) (Spanish: Ley de Ajuste Cubano), Public Law 89-732, is a United States federal law enacted on November 2, 1966. Passed by the 89th United States Congress and signed by President Lyndon Johnson, the legislation applies to citizens of Cuba admitted into the U.S. after January 1, 1959—the date of the Cuban Communist Revolution—and who have been present in the U.S. for at least two years (later amended to one year). Those persons, and their spouses and children, can be granted lawful permanent resident status on an expedited basis.

Since its enactment, the CAA has been a target of criticism and undergone minor modifications. During the "thaw" in Cuba-United States relations in the Obama administration, many thought the CAA would be repealed as an obsolete relic of the Cold War. However, the law has remained intact.

In the 1960s, tens of thousands of Cubans were fleeing the revolution and coming to the U.S. by varied means, some even by makeshift rafts. To obtain lawful permanent residency (often called a "green card") in the U.S., they would have been required, under the provisions of the 1952 Immigration and Nationality Act, to travel back to their home country to request a formal entry visa. Since that was not politically feasible, the Cuban Adjustment Act (CAA) devised a process by which these immigrants could regularize, i.e., "adjust" in legal terminology, their U.S. resident status without needing to return to Cuba.

On September 19, 1966, members of the 89th U.S. House of Representatives approved, by a 300–25 vote, H.R. 15183: "An Act to adjust the status of Cuban refugees to that of lawful permanent residents of the United States". The CAA's legislative journey culminated in its enactment on November 2, 1966.

At the heart of the CAA is a special set of rules for Cuban immigrants who can be fast-tracked to permanent residency with the approval of the U.S. Attorney General (and five years after obtaining a green card, they can become U.S. citizens). In addition to enjoying reduced wait times and a waiver on most documentation requirements, Cubans are exempt from immigration quotas, and are exempt from the following mandates imposed on other immigrants:

Without the CAA, Cubans can legally migrate to the U.S. through an assortment of programs that include immigrant visa issuance, resettlement for asylum seekers, and lotteries.

Immigrant visas are issued to the parents, spouses, and unmarried children of U.S. citizens as soon as the immigrant visa petition is approved by the U.S. Citizenship and Immigration Services. Immigrant visas are also available to persons who qualify for family or employment-based visas under the preference system that controls numerically limited immigration to the U.S. The preference system allows lawful permanent residents of the U.S. to bring their spouses, minor children, and unmarried adult children into the country. The waiting period for preference visas varies by category.

Under the U.S.-Cuba Migration Accords, the U.S. issues some 20,000 travel documents annually to Cubans for permanent resettlement in the U.S. Those who have been persecuted in Cuba, or fear persecution due to their religious or political beliefs, may apply at the U.S. Embassy in Havana for asylum via the in-country refugee program.