It couldn't be clearer: "The Cuban Adjustment Act is more advantageous than marrying a U.S. citizen." However, for Cubans, Venezuelans, and Haitians, marrying an American citizen doesn't pose any harm, explains Florida-based immigration attorney Wilfredo Allen during his weekly segment on CiberCuba, where he addresses immigration policy changes enacted by the Trump administration.
Since President Trump's return to the White House, he has rescinded the "humanitarian parole" that previously protected migrants from Cuba, Haiti, Nicaragua, and Venezuela, mandating their departure by April 24, 2025, unless they secure another legal status. Nevertheless, Boston Judge Indira Talwani, appointed by Barack Obama, successfully halted this measure on Thursday. Talwani contends that the Department of Homeland Security (DHS) has misinterpreted the law by trying to shorten the legal stay of parole beneficiaries.
Additionally, the processing of permanent residency applications for previously approved refugees and asylees has been suspended, and federal benefits like Medicaid and unemployment subsidies for undocumented immigrants have been abolished. The Trump administration has also encouraged "self-deportation" through the CBP Home app, warning that those who do not comply will be deported and barred from re-entering the U.S. legally. Other actions include authorizing the use of the Guantanamo Bay base as a detention center for deemed dangerous immigrants.
In his discussion with CiberCuba, attorney Willy Allen outlined the advantages of the Cuban Adjustment Act, which grants a ten-year residency without requiring applicants to provide financial documents proving they won't be a public charge. In contrast, residency through marriage lasts two years, after which a ten-year residency must be pursued. Furthermore, the American spouse must demonstrate that their foreign partner will not become a public charge and must sign a contract agreeing to support them for ten years.
"In reality, the Cuban Adjustment Act is significantly better than marrying a U.S. citizen," Allen reiterated.
Regarding the application for the Cuban Adjustment Act, Willy Allen clarified that it can be submitted online, but he emphasized the importance of adhering to the timing. Applications should be initiated one year and one day after arrival, as any earlier filing will be flagged and result in the invalidation of the green card process.
Understanding the Cuban Adjustment Act and Immigration Policies
What is the Cuban Adjustment Act?
The Cuban Adjustment Act allows Cuban nationals to become lawful permanent residents of the United States after residing in the country for at least one year, without needing to prove they will not be a public charge.
How does marriage to a U.S. citizen compare to the Cuban Adjustment Act?
While marriage to a U.S. citizen offers a path to residency, it initially grants a two-year residency that requires further application for a ten-year residency. The American spouse must also prove the foreign partner will not be a public charge.
What changes has the Trump administration made to immigration policies?
The Trump administration has revoked humanitarian parole for certain migrants, suspended permanent residency applications for some refugees and asylees, eliminated federal benefits for undocumented immigrants, and encouraged self-deportation.