United States and Cuba: The US' Cuban Refugee Adjustment Act, including whether Cubans who live in or transit the US before arriving in Canada are subject to the Act and, if so, how the Act is applied in practice; status granted to Cubans under the Act, including the length of time and related conditions; the definition of "paroled" in the Act; the relationship between the Act and the "wet foot/dry foot" policy in the US
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Publication Date | 11 October 2013 |
| Citation / Document Symbol | ZZZ104609.FE |
| Related Document(s) | États-Unis et Cuba : information sur la Cuban Refugee Adjustment Act des États-Unis, y compris information indiquant si les Cubains qui vivraient aux États-Unis ou passeraient par ce pays avant d'arriver au Canada sont assujettis à ladite loi et si oui, comment dans la pratique cette loi est appliquée; le statut accordé aux Cubains en vertu de cette loi, y compris la durée et les conditions qui y sont liées; le sens du terme « paroled » dans le contexte de cette loi; la relation entre cette loi et la politique « wet foot/dry foot » aux États-Unis |
| Cite as | Canada: Immigration and Refugee Board of Canada, United States and Cuba: The US' Cuban Refugee Adjustment Act, including whether Cubans who live in or transit the US before arriving in Canada are subject to the Act and, if so, how the Act is applied in practice; status granted to Cubans under the Act, including the length of time and related conditions; the definition of "paroled" in the Act; the relationship between the Act and the "wet foot/dry foot" policy in the US, 11 October 2013, ZZZ104609.FE, available at: https://www.refworld.org/docid/52b17afe4.html [accessed 19 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
1. Cuban Refugee Adjustment Act
The website of the US Citizenship and Immigration Services (USCIS) indicates that Cuban natives or citizens and their accompanying spouses and children may obtain permanent resident status under the Cuban Refugee Adjustment Act (also known as the Cuban Adjustment Act) (US 22 Mar. 2011).
1.1 Procedure
To do this, a Cuban immigrant must have resided in the US for a period of at least one year, must have been admitted to the US or obtained parole, and must be admissible as an immigrant (ibid.). The Cuban immigrant need not have an immigrant visa (ibid.). In addition, the Cuban immigrant may have entered the US at a place other than a "designated port of entry," provided that they were paroled by USCIS authorities (ibid.). The instructions that have been issued by USCIS regarding form I-485, which is the Application to Register Permanent Residence or Adjust Status (Instructions for Form I-485), state that the Cuban immigrant must have been admitted or paroled after 1 January 1959 (US 20 June 2013, 1).
The website of USCIS indicates that to obtain permanent residence under the Cuban Refugee Adjustment Act, the applicant must submit an Application to Register Permanent Residence or Adjust Status (form I-485) along with the following documents:
Two passport-sized photos;
A copy of the person's birth certificate (or another document confirming birth, with a translation, if possible);
The applicable fees;
Form G-325A, containing biographical information, for individuals between 14 and 79;
Form I-693, Report of Medical Examination and Vaccination Record;
Form I-94, containing information on the person's arrival in the US, or other proof of admission or parole into the US;
Evidence of physical presence in the US for a period of at least one year (US 22 Mar. 2011).
The instructions for the I-485 form state that the Cuban applicant must also submit evidence of their Cuban citizenship or nationality, such as a copy of their passport, birth certificate or a travel document (US 20 June 2013, 4). The instructions also state that a parent or guardian may sign the form on behalf of applicants under 14 years of age and that USCIS will take the fingerprints of all applicants between 14 and 79 years of age (ibid., 2-3).
The applicable fees indicated in the instructions for the I-485 form are 985 USD to file the form and 85 USD for the biometrics services provided to individuals from 14 to 78 years of age (ibid., 5). The fees are 635 USD for a child 13 years of age or younger whose I-485 form is filed in the same envelope as the form of at least one parent (ibid.).
According to a US Congressional Research Service (CRS) report, the application to adjust status must be filed with USCIS (US 2 June 2009, 2). The website of USCIS states that, under the Cuban Refugee Adjustment Act, the application to adjust status must be sent to USCIS' office in Chicago (US 28 June 2011).
The US Attorney General has the discretion to grant permanent residence under the Cuban Refugee Adjustment Act (ibid. 2 June 2009; Lexington Institute Dec. 2012, 4). According to a 2 June 2009 CRS report, most Cubans who arrive in the US in an irregular way are authorized to stay and adjust their status under the Cuban Refugee Adjustment Act (US 2 June 2009, 2). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
1.2 Definition of "Paroled" in the Cuban Refugee Adjustment Act
According to the website of USCIS, parole means the authorization to allow an otherwise inadmissible foreign national into the US because of urgent humanitarian considerations or because the individual's entry would benefit the public (US n.d.a). However, the foreign national must leave the country when the circumstances that justified admission no longer exist (ibid.). Parole is not formal admission to the US and does not grant a foreign national status (ibid.). The website of the US Interests Section Havana, Cuba, indicates that parole is a discretionary program administered by USCIS and that it makes all final determinations in that regard (US n.d.b).
According to a December 2012 report by the Lexington Institute, an apolitical, not-for-profit research centre based in Arlington, Virginia (Lexington Institute n.d.), under American immigration law, parole is not legal admission to the US and does not confer the foreign national living on American soil any status above that of a foreign national living abroad (Dec. 2012, 4).
According to the website of the US Interests Section Havana, Cuba, Cubans who are granted parole receive a foil that resembles a visa to affix in their passport (US n.d.b). The 2 June 2009 CRS report states that Cubans belong to the group of foreign nationals who can receive federal government benefits and assistance (US 2 June 2009, 5-8).
Although Cubans who obtain parole do not enter the US as permanent residents, they can acquire permanent residence status under the Cuban Refugee Adjustment Act once they have resided in the US for a period of one year (US n.d.b). Cubans are eligible for parole, particularly under the family reunification program, the family-based program, and the Cuban lottery, also known as the "bombo" (ibid.). However, the website of the US Interests Section Havana, Cuba, states that the Cuban lottery is currently suspended (ibid.). There is also a parole program for medical professionals (Lexington Institute Dec. 2012, 8; US 26 Jan. 2009).
According to the Lexington Institute report, media articles reported that, as of January 1995, the practice of American authorities was to grant parole to Cubans who arrived in the US without a visa, a practice that is ongoing (Dec. 2012, 7). The report also indicates that a 19 April 1999 policy note stated that Cubans who arrived by irregular means will be granted parole, unless they have a criminal record or there is another rationale for their exclusion (Lexington Institute Dec. 2012, 7). Sources report that, generally, the US does not deport Cubans and that most foreign nationals who are deported have committed crimes (The Gleaner 25 Apr. 2011; USCIS n.d.). In 3 October 2013 correspondence with the Research Directorate, a professor at the University of Nottingham who specializes in issues related to Cuba noted that almost all Cubans are automatically granted parole into the US. He stated that, in the past, there were Cubans who were detained or removed because they were considered to pose risks to national security (Professor 3 Oct. 2013).
2. "Wet foot/dry foot" policy in the US
The US' "wet foot/dry foot" policy refers to the American authorities' practice according to which Cubans who are intercepted by the US Coast Guard at sea are removed to Cuba, whereas Cubans who reach dry land are authorized to remain in the US (US 12 June 2013, 42; Lexington Institute Dec. 2012, 6-7; US Immigration Support n.d.). The CRS report dated June 2 2009 states that Cubans who are intercepted at sea are not removed to Cuba if they raise a fear of persecution (US 2 June 2009, 4). According to that report, Cubans who reach American soil are generally authorized to remain in the US and obtain permanent residence under the Cuban Refugee Adjustment Act (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
The Gleaner. 25 April 2011. "New Rules for Cubans Facing Deportation from the US." [Accessed 9 Oct. 2013]
Lexington Institute. December 2012. Philip Peters. Migration Policy Reform: Cuba Gets Started, U.S. Should Follow. [Accessed 3 Oct. 2013]
_____. N.d. "Philip Peters." [Accessed 3 Oct. 2013]
Professor, University of Nottingham. 3 October 2013. Correspondence with the Research Directorate.
United States (US). 20 June 2013. Citizenship and Immigration Services (USCIS). Instructions for I-485, Application to Register Permanent Residence or Adjust Status. (OMB No. 1615-0023) [Accessed 3 Oct. 2013]
_____. 12 June 2013. Congressional Research Service (CRS). Mark P. Sullivan. Cuba: U.S. Policy and Issues for the 113th Congress. (R43024) [Accessed 3 Oct. 2013]
_____. 28 June 2011. Citizenship and Immigration Services (USCIS). "Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status." [Accessed 3 Oct. 2013]
_____. 22 March 2011. Citizenship and Immigration Services (USCIS). "Green Card for a Cuban Native or Citizen." [Accessed 3 Oct. 2013]
_____. 2 June 2009. Congressional Research Service (CRS). Ruth Ellen Wasem. Cuban Migration to the United States: Policy and Trends. (R40566) [Accessed 3 Oct. 2013]
_____. 26 January 2009. Department of State. "Cuban Medical Professional Parole Program." [Accessed 9 Oct. 2013]
_____. N.d.a. Citizenship and Immigration Services (USCIS). "Parolee." [Accessed 3 Oct. 2013]
_____. N.d.b. Interests Section Havana, Cuba. "Cuban Parole Programs." [Accessed 3 Oct. 2013]
US Immigration. N.d. "New Rule for Cubans Set to Be Deported from U.S." [Accessed 9 Oct. 2013]
US Immigration Support. N.d. "Wet-Foot Dry-Foot Policy." [Accessed 3 Oct. 2013]
Additional Sources Consulted
Oral sources: Attempts to contact representatives of the following organizations were unsuccessful: Embassy of the United States in Ottawa, Florida International University; Institute for Cuban & Cuban-American Studies, University of Miami..
Internet sites, including: American Immigration Law Foundation; American Immigration Lawyers Association; Atlantic Council of the United States; Capital Area Immigrants' Rights Coalition; Carlos Battara, Attorney at Law; Chicago Tribune; ecoi.net; Factiva; Florida Immigrant Advocacy Center; Immigration Policy Centre; Miami Herald; The Star Online; United Nations - Refworld; United States - Government Printing Office; University of Connecticut; University of Miami - Institute for Cuban & Cuban-American Studies.
