Cuban Adjustment Act: Requirements and Forms to Apply for U.S. Residency
The Cuban Adjustment Act of 1966 lets Cubans living in the United States apply for permanent residency without leaving the country, as long as they meet requirements on nationality, entry and physical presence. This guide summarizes what USCIS asks for, which forms are filed and what changed in fall 2026.
Key points
- The Cuban Adjustment Act allows Cubans living in the United States to apply for a green card through adjustment of status, and the spouse or child of a qualifying Cuban may also apply.
- The central form is the I-485, filed with the I-693 medical exam and, if needed, the I-765 to work and the I-131 to request advance parole.
- Since September 18, 2026, USCIS uses the 09/18/26 edition of the I-485, which has no grace period, and since October 7, 2026, the mailing address for filing changed.
- USCIS does not list current fees or processing times on these pages, so confirm them at uscis.gov before filing.
- News reports have described changes to parole options, but USCIS has not yet detailed them, so anyone who entered on parole should review their case carefully.
Who can apply
The Cuban Adjustment Act of 1966 (CAA) allows Cubans living in the United States to apply for permanent residency through what USCIS calls adjustment of status. Someone born in Cuba must prove they are a Cuban native. Someone born outside the island must prove they are a Cuban citizen.
USCIS clarifies that a Cuban consular certificate documenting a birth outside Cuba is not enough to prove citizenship, even if the certificate says the person is a citizen. A Cuban birth certificate that recognizes a birth outside the island is not enough either, nor is a consular record issued to a principal applicant who was not born in Cuba.
The spouse and children of a Cuban who meets the requirements may also apply. According to the official USCIS page, it does not matter how long the relationship has lasted or whether the Cuban relative obtained residency through another category.
Entry and presence in the United States
USCIS requires that the person was inspected and admitted, or paroled, by an immigration officer after January 1, 1959. A passport and Form I-94 can serve as proof. If the I-94 is electronic, it can be printed from the CBP website at www.cbp.gov/I94.
The person must also be physically present in the United States for at least one year. If DHS paroles someone who already had that year in the country, they may file for adjustment right after the parole. That year does not have to come after the parole.
A J-1 or J-2 exchange visitor who is or was subject to the two-year residence requirement cannot adjust status until they fulfill it, obtain a waiver, or receive a State Department recommendation for a waiver. The official page refers to Form I-612 for these cases.
Finally, the applicant must be admissible. Grounds of inadmissibility are in INA 212(a). Anyone with one may request a waiver with Form I-601 or permission with Form I-212. USCIS decides based on the ground, the category and its discretion. For details, the sources refer to Volumes 8 and 9 of the USCIS Policy Manual.
Documents and forms
In addition to the I-485, you must file proof of nationality and entry. The I-693, the medical exam and vaccination record, is also required. It is completed by the doctor USCIS calls a civil surgeon, who gives it to you signed and inside a sealed envelope. The envelope and the original I-693 must be kept until the final decision, because USCIS may ask for them at an interview.
If you need to work while you wait, you can file the I-765 under category (c)(9), at the same time as the I-485 or while it is pending. USCIS says that permit can be valid for up to five years. A person with parole may also request a work permit under category (c)(11), but it cannot last longer than the authorized parole period.
If you must leave the United States while the I-485 is pending, you can request an advance parole document with the I-131. That document allows you to present yourself at a port of entry to request parole after a temporary trip. If you file it together with the I-485 or while it is pending, you only need to check box 5.A in Part 1 of the form.
When you can file
In general, USCIS says you cannot file the I-485 until an immigrant visa is available in your category. USCIS visa availability and priority date pages allow you to check this. The form instructions list exceptions by immigrant category, so read them before filing.
How to file
The I-485 can be sent by mail or filed online. Online filing is available only to certain applicants and their representatives, and requires creating or logging into a USCIS account. By mail, the I-693 goes inside the doctor's original sealed envelope. Online, you must open that envelope and upload the complete I-693 along with the package.
USCIS rejects any form without a signature. The edition and page numbers must appear at the bottom of every page, and all pages must be from the same edition. If pages are missing or from a different edition, USCIS may reject the form.
If the package is rejected with the I-693 envelope already opened, you may file a new one with the original opened I-693, the supporting documents the doctor included and a copy of the rejection notice.
If you file at a lockbox, you may not receive your A-number on the I-797. In that case, USCIS sends it in a second notice a few days after accepting the I-485. The mailing address depends on your category and is detailed on the USCIS filing addresses page.
Costs and timelines
The I-485 has a fee, but the amount is in the USCIS fee schedule and can change. This text does not include it, so confirm it there before paying.
The rule on the I-765 and I-131 is clear. If the I-485 was filed between July 30, 2007 and April 1, 2024, with the fee paid, no extra fee is due for those two forms. If the I-485 is filed after April 1, 2024, additional fees for the I-765 and I-131 are required.
The sources do not include processing times, so we do not estimate them.
Recent changes
On September 18, 2026, USCIS published a new edition of the I-485, the 09/18/26, to implement the final public charge rule. This edition has no grace period, so it must be used from the start.
On October 7, 2026, the mailing address for filing changed. For a 30-day grace period, USCIS will accept envelopes postmarked through November 9, 2026 that are sent to the previous address.
USCIS now also offers online filing for certain applicants. The press has reported changes to parole form options, but USCIS has not yet detailed them. If you entered on parole, check uscis.gov before preparing your package.
FAQ
Can I apply for a green card if I entered the United States on parole?
Yes. The law applies to people who were admitted or paroled into the United States, as long as they meet the one-year physical presence requirement set by USCIS and the other requirements. Each case is reviewed separately; if your parole was changed or terminated, talk to an immigration attorney before filing.
Do I need a medical exam?
Yes. The I-693 is filed with the I-485 and is completed by a civil surgeon, who gives it to you signed in a sealed envelope. That envelope and the original I-693 must be kept until the final decision.
Can I travel while waiting for a response?
You can request an advance parole document with Form I-131. It lets you present yourself at a port of entry to request parole after a temporary trip. The sources do not say how travel affects a specific case, so confirm it at uscis.gov.
Spotted an error? Write to [email protected]. Corrections are noted at the end of the article with their date.
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