Adjustment of Status Under the Cuban Refugee Adjustment Act of 1966


            Under the Cuban Refugee Adjustment Act of 1966, any national of Cuba or the immediate relative of any Cuban national (including after acquired spouses and children) can apply for permanent residence in the United States one year after they have been inspected, admitted, or paroled into the country if the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence. Pub. L. No. 89-732, 80 Stat. 1161, as amended. There are no restrictions as to the number of times an individual may acquire lawful permanent resident status under this law, nor is there a cut-off date for applicants. Pub. L. No. 89-732, 80 Stat. 1161, as amended.


            The Board held in Matter of Artigas that arriving aliens in removal proceedings were eligible to apply for adjustment of status under the Cuban Refugee Adjustment Act. 23 I&N Dec. 99 (BIA 2001). On May 12, 2006, the Federal Register published a rule "Eligibility of Arriving Aliens in Removal Proceedings To Apply for Adjustment of Status and Jurisdiction To Adjudicate Applications for Adjustment of Status." 8 C.F.R. Section 1245.2(a)(1)(ii) bars arriving aliens from applying for adjustment of status. Subsquently, the Board in Matter of Martinez-Montalvo, 24 I&N Dec. 778 (BIA 2009) concluded that "Under 8 C.F.R. ยงยง 245.2(a)(1) and 1245.2(a)(l)(ii) (2008), Immigration Judges have no jurisdiction to adjudicate an application filed by an arriving alien seeking adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732, 80 Stat. 1161, as amended, with the limited exception of an alien who has been placed in removal proceedings after returning to the United States pursuant to a grant of advance parole to pursue a previously filed application. Matter of Artigas, 23 I&N Dec. 99 (BIA 2001), superseded."




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