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Cuban Adjustment Act

The Cuban Adjustment Act (in Spanish, Ley de Ajuste Cubano), Public Law 89-732, is a United States federal law enacted on November 2, 1966. Passed by the 89th United States Congress and signed into law by President Lyndon Johnson, the law applies to any native or citizen of Cuba who has been inspected and admitted or paroled into the United States after January 1, 1959 and has been physically present for at least one year, and is admissible to the United States as a permanent resident.

Cuban Adjustment Act
Long titleAn Act to adjust the status of Cuban refugees to that of lawful permanent residents of the United States, and for other purposes.
Acronyms (colloquial)CAA
NicknamesCuban Refugees Adjustment Status Act
Enacted bythe 89th United States Congress
EffectiveNovember 2, 1966
Citations
Public law89-732
Statutes at Large80 Stat. 1161
Codification
Titles amended8 U.S.C.: Aliens and Nationality
U.S.C. sections amended8 U.S.C. ch. 12, subch. II § 1255
Legislative history
  • Introduced in the House as H.R. 15183 by Jacob H. Gilbert (DNY) on September 1, 1966
  • Committee consideration by House Judiciary
  • Passed the House on September 19, 1966 (300-25)
  • Passed the Senate on October 6, 1966 (passed voice vote, in lieu of S. 3712)
  • Reported by the joint conference committee on October 13, 1966; agreed to by the Senate on October 20, 1966 (agreed voice vote) and by the House on October 21, 1966 (agreed voice vote)
  • Signed into law by President Lyndon B. Johnson on November 2, 1966

Legal migration to the United States

Cubans in Cuba can legally migrate to the U.S. through various migration programs that include immigrant visa issuance,[1] asylum,[2] and the diversity lottery.[3]

Immigrant visas are issued to the parents, spouses, and unmarried children who are under 21 years of age, of U.S. citizens as soon as the immigrant visa petition is approved by the United States Citizenship and Immigration Services.

Immigrant visas are also available to a range of persons who can qualify for family or employment-based visas under the preference system that controls numerically limited immigration to the United States.[4]

The preference system allows U.S. citizens to bring their siblings and their adult married children to the United States. Lawful permanent residents of the United States can petition for their spouses, minor children, and unmarried adult children. The waiting period for preference visas varies by category.

Those who have been persecuted in Cuba, or who fear persecution (on the basis of race, religion, nationality, membership in a particular social group, or political opinion), may apply for U.S. resettlement through its in country refugee processing unit at the United States Embassy in Havana.

The diversity visa program is also available in Cuba. There are 55,000 visas available annually to eligible applicants from around the world. For the three years that statistics are available, the success rate for Cuban applicants is quite high. In 1996 approximately 67% of those registered were issued visas, in 1997 the success rate was 69% and in 1998 a total of 73% of Cuban applicants who applied for the diversity visa program were issued visas.

The Special Cuban Migration Program, or "Cuban lottery," was open to all adult Cubans between the ages of 18 and 55 years of age who resided in Cuba regardless of whether they qualified for U.S. immigrant visa or refugee programs. The lottery provided an additional avenue of legal migration to a diverse group of Cubans, including those who might not have close relatives in the United States. The last registration period was held from June 15 to July 15, 1998.

Modifications

The original Cuban Adjustment Act of 1966 allowed Cubans to become permanent residents if they had been present in the United States for at least 2 years. The Immigration and Nationality Act Amendments of 1976 (| P.L. 94-571) reduced this time to one year.

Cubans are exempt from any immigration quotas, and are also exempt from the following requirements which are imposed on most other immigrants:

  • Showing a family-based or employment-based reason for residency
  • Entering the United States at a legal port of entry
  • Not being a public charge

The Cuban Adjustment Act remains in the books with little modification. Migration flow and control has been a long standing pawn in U.S. Cuba relations, and there is not enough domestic clamor in the U.S. for the U.S. government to concede to Cuba's demands to eliminate the law, according to expert Prof. Michael Bustamante.[5]

1996 and 2017 changes

In 1996, the U.S. government introduced the so-called "wet feet, dry feet policy" which limited the scope of the Act. The wet foot/dry foot policy was rescinded by President Obama at the end of his presidency in January 2017. The Cuban Adjustment Act (Ley de Ajuste Cubano) remains in force.[6][7][8]

References

  1. ^ "Submit a Petition". travel.state.gov. Retrieved 2022-04-13.
  2. ^ "The Affirmative Asylum Process | USCIS". www.uscis.gov. 2022-03-15. Retrieved 2022-04-13.
  3. ^ "Green Card Through the Diversity Immigrant Visa Program | USCIS". www.uscis.gov. 2018-01-11. Retrieved 2022-04-13.
  4. ^ "Submit a Petition". travel.state.gov. Retrieved 2022-04-13.
  5. ^ . Archived from the original on 2015-06-09. Retrieved 2017-01-20.
  6. ^ Gomez, Alan. "Obama ends 'wet foot, dry foot' policy for Cubans". USA TODAY. Retrieved 2022-10-31.
  7. ^ "Cuban Adjustment Act | Summary, 1966, History, Obama, & Facts | Britannica". www.britannica.com. Retrieved 2022-10-31.
  8. ^ "Green Card for a Cuban Native or Citizen | USCIS". www.uscis.gov. 2020-06-16. Retrieved 2022-10-31.

Sources

  • Cuban Adjustment Act as of 1966
  • US Department of State
  • Is the Cuban Adjustment Law in Trouble ? - Michael J. Bustamente [1]

cuban, adjustment, this, article, includes, list, general, references, lacks, sufficient, corresponding, inline, citations, please, help, improve, this, article, introducing, more, precise, citations, 2016, learn, when, remove, this, template, message, spanish. This article includes a list of general references but it lacks sufficient corresponding inline citations Please help to improve this article by introducing more precise citations May 2016 Learn how and when to remove this template message The Cuban Adjustment Act in Spanish Ley de Ajuste Cubano Public Law 89 732 is a United States federal law enacted on November 2 1966 Passed by the 89th United States Congress and signed into law by President Lyndon Johnson the law applies to any native or citizen of Cuba who has been inspected and admitted or paroled into the United States after January 1 1959 and has been physically present for at least one year and is admissible to the United States as a permanent resident Cuban Adjustment ActLong titleAn Act to adjust the status of Cuban refugees to that of lawful permanent residents of the United States and for other purposes Acronyms colloquial CAANicknamesCuban Refugees Adjustment Status ActEnacted bythe 89th United States CongressEffectiveNovember 2 1966CitationsPublic law89 732Statutes at Large80 Stat 1161CodificationTitles amended8 U S C Aliens and NationalityU S C sections amended8 U S C ch 12 subch II 1255Legislative historyIntroduced in the House as H R 15183 by Jacob H Gilbert D NY on September 1 1966Committee consideration by House JudiciaryPassed the House on September 19 1966 300 25 Passed the Senate on October 6 1966 passed voice vote in lieu of S 3712 Reported by the joint conference committee on October 13 1966 agreed to by the Senate on October 20 1966 agreed voice vote and by the House on October 21 1966 agreed voice vote Signed into law by President Lyndon B Johnson on November 2 1966 Contents 1 Legal migration to the United States 2 Modifications 3 1996 and 2017 changes 4 References 5 SourcesLegal migration to the United States EditCubans in Cuba can legally migrate to the U S through various migration programs that include immigrant visa issuance 1 asylum 2 and the diversity lottery 3 Immigrant visas are issued to the parents spouses and unmarried children who are under 21 years of age of U S citizens as soon as the immigrant visa petition is approved by the United States Citizenship and Immigration Services Immigrant visas are also available to a range of persons who can qualify for family or employment based visas under the preference system that controls numerically limited immigration to the United States 4 The preference system allows U S citizens to bring their siblings and their adult married children to the United States Lawful permanent residents of the United States can petition for their spouses minor children and unmarried adult children The waiting period for preference visas varies by category Those who have been persecuted in Cuba or who fear persecution on the basis of race religion nationality membership in a particular social group or political opinion may apply for U S resettlement through its in country refugee processing unit at the United States Embassy in Havana The diversity visa program is also available in Cuba There are 55 000 visas available annually to eligible applicants from around the world For the three years that statistics are available the success rate for Cuban applicants is quite high In 1996 approximately 67 of those registered were issued visas in 1997 the success rate was 69 and in 1998 a total of 73 of Cuban applicants who applied for the diversity visa program were issued visas The Special Cuban Migration Program or Cuban lottery was open to all adult Cubans between the ages of 18 and 55 years of age who resided in Cuba regardless of whether they qualified for U S immigrant visa or refugee programs The lottery provided an additional avenue of legal migration to a diverse group of Cubans including those who might not have close relatives in the United States The last registration period was held from June 15 to July 15 1998 Modifications EditThis section needs additional citations for verification Please help improve this article by adding citations to reliable sources in this section Unsourced material may be challenged and removed August 2021 Learn how and when to remove this template message The original Cuban Adjustment Act of 1966 allowed Cubans to become permanent residents if they had been present in the United States for at least 2 years The Immigration and Nationality Act Amendments of 1976 P L 94 571 reduced this time to one year Cubans are exempt from any immigration quotas and are also exempt from the following requirements which are imposed on most other immigrants Showing a family based or employment based reason for residency Entering the United States at a legal port of entry Not being a public chargeThe Cuban Adjustment Act remains in the books with little modification Migration flow and control has been a long standing pawn in U S Cuba relations and there is not enough domestic clamor in the U S for the U S government to concede to Cuba s demands to eliminate the law according to expert Prof Michael Bustamante 5 1996 and 2017 changes EditIn 1996 the U S government introduced the so called wet feet dry feet policy which limited the scope of the Act The wet foot dry foot policy was rescinded by President Obama at the end of his presidency in January 2017 The Cuban Adjustment Act Ley de Ajuste Cubano remains in force 6 7 8 References Edit Submit a Petition travel state gov Retrieved 2022 04 13 The Affirmative Asylum Process USCIS www uscis gov 2022 03 15 Retrieved 2022 04 13 Green Card Through the Diversity Immigrant Visa Program USCIS www uscis gov 2018 01 11 Retrieved 2022 04 13 Submit a Petition travel state gov Retrieved 2022 04 13 Is the Cuban Adjustment Act in Trouble MICHAEL J BUSTAMANTE cuts through the rhetoric and exposes misconceptions Archived from the original on 2015 06 09 Retrieved 2017 01 20 Gomez Alan Obama ends wet foot dry foot policy for Cubans USA TODAY Retrieved 2022 10 31 Cuban Adjustment Act Summary 1966 History Obama amp Facts Britannica www britannica com Retrieved 2022 10 31 Green Card for a Cuban Native or Citizen USCIS www uscis gov 2020 06 16 Retrieved 2022 10 31 Sources EditCuban Adjustment Act as of 1966 US Department of State U S Citizenship and Immigration Services Is the Cuban Adjustment Law in Trouble Michael J Bustamente 1 Retrieved from https en wikipedia org w index php title Cuban Adjustment Act amp oldid 1125044783, wikipedia, wiki, book, books, library,

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