Immigration Law Blog

Saturday, April 18, 2015

Will the President's Diplomacy with Cuba Effect Immigrants from Cuba?

The Cuban Adjustment Act of 1966 has allowed hundreds of thousands Cubans as well as their spouses and children to obtain permanent residence in America after settling in the country. However, many awaiting their green cards are now in fear that this act will be abolished as the U.S. and Cubans restore diplomatic relations.

While these concerns may be justified, experts believe that it's unlikely the Cuban Adjustment Act will go away anytime soon. Simply stated, there are an overwhelming amount of things that will need to be done before the Cuban Adjustment Act could be repealed. In order for this to happen the president and Congress need to work together in determining that Cuba has a democratically elected government – which is not likely to happen anytime soon.

There are two main paths that could lead to a nullification or repeal of the act and that would devastate Cubans awaiting green card approval:

  1. If a congressional action specifically repealed the law
  2. If the president submitted a determination to Congress that Cuba was being controlled by a democratically elected government

It is important to note that neither of these circumstances are likely. However, at some point in the future, there could be repercussions for Cubans living in the U.S. who are under deportation orders.

If you believe that the Cuban Adjustment Act can help you or a family member obtain legal status in the United States, or if you need more information about how you can obtain legal status in the U.S. contact one of our 3 offices in California, New York or New Jersey at 855-636-3889 to schedule an appointment with an experienced immigration attorney.

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