How Can I Fix My Immigration Status After Overstaying a Visa? The Cuban Adjustment Act Explained – Insights from DeMine Immigration
There are many reasons why visitors might overstay their visit: unforeseen circumstances such as medical emergencies, travel restrictions, marriage or relationships, caring for family members, or political and social instability back home, to name a few. Whatever the reason may be, you need a trusted source to turn to for regaining lawful status in the United States.
This was the case for our client, Ms. R, a native and citizen of Mexico who entrusted us to help her regain status after she overstayed her period of authorized stay. She had entered the U.S. lawfully on a visitor’s visa but was now out of status.
The solution? Adjusting her status under the Cuban Adjustment Act.
What is the Cuban Adjustment Act?
The Cuban Adjustment Act (CAA) of 1966 allows Cuban natives or citizens living in the United States to apply for lawful permanent residency (Green Card) if they meet specific eligibility requirements. Additionally, certain family members of Cuban natives or citizens may also qualify for permanent residency under the CAA.
Eligibility Requirements for Family Members Under the CAA
You may qualify for a Green Card under the CAA as a family member if you meet the following criteria:
Family Relationship
- You are not a Cuban native or citizen but are the spouse or unmarried child under 21 years of age of a Cuban native or citizen who meets the CAA requirements.
- This applies regardless of when your relationship began, whether before or after your Cuban spouse or parent obtained lawful permanent residency.
Inspection and Admission
- You were inspected and admitted or inspected and paroled into the United States after January 1, 1959.
Physical Presence
- You have been physically present in the United States for at least one year at the time you file your Form I-485 (Application to Register Permanent Residence or Adjust Status).
Residence with a Qualifying Cuban
- You reside with your Cuban spouse or parent who qualifies under the CAA.
Admissibility
- You are admissible to the United States or eligible for a waiver of inadmissibility or other relief.
USCIS Discretion
- You must demonstrate that you merit the favorable exercise of discretion by U.S. Citizenship and Immigration Services (USCIS).
How We Helped Ms. R
We assisted Ms. R in preparing her adjustment of status application, clearly documenting how she met each eligibility requirement under the Cuban Adjustment Act as the spouse of a Cuban native. During the application process, USCIS issued a Request for Additional Evidence (RFE) to further validate the bona fides of Ms. R’s marriage.
We promptly responded to the RFE, providing additional documentation to establish the legitimacy of their marital relationship. After a thorough review, USCIS approved Ms. R’s case.
The Outcome
Ms. R’s case sets an example for how the Cuban Adjustment Act may offer relief and a path to legal status for eligible family members of Cuban natives, even in challenging circumstances.
Schedule a consultation with our experienced team .
Indera DeMine, Esq
Ms. DeMine is a resident of Southwest Florida and a solo practitioner located in downtown Fort Myers. Ms. DeMine started her immigration law career immediately after graduating Ave Maria School of Law in 2012. She began working for a local firm in Fort Myers, Florida for almost 4 years. As an immigrant herself, Ms. DeMine has always been passionate about Immigration law and welcomed the opportunity to help her clients navigate the often confusing, immigration process.
