Claudia Canizares is the founding attorney of Canizares Law Group, LLC, an immigration law firm with a team of dedicated, bilingual (English & Spanish) attorneys. Having come to the United States herself as a teenager, Claudia built the firm around what clients are going through. Discuss your Cuban immigration case with a Miami immigration attorney at our firm, or read on to learn more.
Immigration From Cuba: The Cuban Adjustment Act, Family Reunification, and What Cuban Nationals Need to Know Right Now
Cuban nationals have long had a different, and in some ways more favorable, path to a green card than immigrants from almost any other country, thanks to the Cuban Adjustment Act of 1966.
That path has narrowed considerably over the past year, and a wave of recent federal action has added new layers of scrutiny, delay, and uncertainty for Cuban nationals and the family members trying to bring them to the United States.
If you or a family member are trying to immigrate from Cuba, or you already have a pending Cuban immigration case, Canizares Law Group, LLC can help you understand where things currently stand and what your realistic options are. Contact our Miami office today to discuss your case, or read on to learn more.
The Cuban Adjustment Act Still Offers Its Own Path to a Green Card
Under the Cuban Adjustment Act (CAA), a native or citizen of Cuba who has been inspected and admitted or paroled into the United States, and who has been physically present here for at least one year and one day, may apply to adjust status directly to lawful permanent resident. Unlike most green card categories, the CAA usually does not require an underlying family petition or employer sponsorship. Spouses and children of an eligible Cuban national who reside with the principal applicant may often benefit from the same adjustment as well.
The CAA is a powerful tool, but it does not erase other admissibility problems. A prior removal order, certain criminal history, immigration fraud, or unlawful presence can all still affect eligibility, and USCIS is applying heightened scrutiny to Cuban cases right now (more on that below). An attorney should review your full history before you file.
The Cuban Family Reunification Parole Program Is Caught Up in Active Litigation
The Cuban Family Reunification Parole Program, known as CFRP, was created in 2007 and modernized in 2023. It allows a U.S. citizen or lawful permanent resident who has an approved Form I-130 petition for a Cuban relative to request that the relative be paroled into the United States while waiting for an immigrant visa to become available, rather than waiting abroad for years. Once paroled, CFRP beneficiaries may apply for work authorization, and unlike most other parole categories, they may apply to adjust status under the Cuban Adjustment Act just one year after parole, without waiting for their immigrant visa number to become current.
On December 15, 2025, the Department of Homeland Security published a notice terminating CFRP along with several other family reunification parole programs, stating that parole for people already in the United States under these programs would end on January 14, 2026, unless they already had a pending green card application. Then, on January 24, 2026, a federal judge in Massachusetts issued a preliminary injunction in a class action lawsuit, Doe v. Noem, staying that termination for people who had already been paroled into the country before their originally scheduled parole end dates. DHS said it disagreed with the ruling but would comply with it while the case continues.
In practical terms, this means many Cuban parolees currently retain their parole and work authorization while this litigation plays out, but nothing about this is final, and the situation can change on short notice. Because of that, we strongly encourage clients not to make major life decisions such as quitting a job, giving up housing, or letting a lease lapse based only on what you read in the news. Talk to an attorney about your specific parole status and paperwork before you act.
New Travel Restrictions Add Another Obstacle for Cuban Nationals
On December 16, 2025, a new presidential proclamation restricting entry to the United States took effect on January 1, 2026, expanding an earlier travel ban to a total of 39 countries. Cuba is included on the list of countries subject to partial restrictions, alongside countries such as Venezuela and Nigeria. In practice, a partial restriction usually means the suspension of certain visa categories for nationals of that country, with limited case-by-case exceptions, rather than a complete travel ban.
This proclamation was paired with new USCIS policy memoranda that placed adjudicative holds, and in many cases a full re-review, on immigration benefit applications filed by nationals of the affected countries, including Cuba, even applications that were already approved. However, on June 5, 2026, a federal court in Dorcas International Institute of Rhode Island v. USCIS struck down those hold and re-review policies as unlawful. As a result, USCIS must resume normal processing of those applications, though the government may appeal. The travel ban itself remains in effect and continues to restrict consular visa issuance. Our attorneys can walk you through how this applies to your specific forms and what to expect.
Other Ways Cuban Nationals May Qualify to Immigrate
The Cuban Adjustment Act and CFRP are not the only paths available. Depending on your circumstances, you may qualify through a family-based petition (Form I-130) filed by a U.S. citizen or permanent resident spouse, parent, child, or sibling; a marriage-based green card; an employment-based visa or green card; Temporary Protected Status, if Cuba currently has an active TPS designation; asylum, for those who fear persecution if returned to Cuba; or parole in place for the family members of U.S. active-duty service members, veterans, or Selected Reserve members. Because Cuban cases often involve overlapping issues, such as a pending CFRP case alongside a family petition, it is worth having an attorney review your full situation rather than assuming only one path applies to you.
Work With an Immigration Attorney Who Understands Cuban Cases
Cuban immigration law is genuinely different from the immigration law that applies to most other nationalities, and right now it is changing quickly, through litigation, new proclamations, and new USCIS policy memos. Canizares Law Group, LLC is based in Miami, home to one of the largest Cuban communities in the United States, and our bilingual team has guided many Cuban families through the CAA, CFRP, family petitions, and now these new restrictions.
Contact Canizares Law Group today. Se habla español.