Are they killing the Cuban Adjustment Act without repealing it? This is the concern that begins to grow among migrants and immigration lawyers following the new directive issued by the United States Citizenship and Immigration Services (USCIS), which tightens the criteria for adjusting status within the country and prioritizes consular processing abroad.
The immigration lawyer Liudmila Marcelo warned this Friday that, although the Cuban Adjustment Act would not be directly affected for now, the interpretation that USCIS makes of the new policy could become a decisive blow against one of the most important migration pathways for Cubans.
The alert arises after the publication of the policy memorandum PM-602-0199, released on Thursday by USCIS. The document states that many foreigners applying for permanent residency will need to complete the process from their countries of origin, except in extraordinary circumstances.
Marcelo, in an interview with CiberCuba, explained that the measure primarily targets individuals who entered the United States on temporary visas —such as for tourism, studies, or work— and then attempted to adjust their status through marriage or family petitions.
The "trap" that could make the Cuban adjustment impossible
According to the specialist, the Cuban Adjustment Act still has a fundamental difference compared to other migration processes: it requires that the applicant physically remains in the United States for one year and one day before applying for residency.
"In my interpretation, the new policy does not apply to the Cuban Adjustment Act because the Cuban Adjustment Act requires you to be in the United States for at least a year and a day," Marcelo stated.
The lawyer noted that, so far, Cubans who enter the country legally — even through the ESTA (Electronic System for Travel Authorization) — and stay for the required amount of time should not be affected by the new directive.
However, he warned about what he considers a possible legal "trap." If USCIS were to require that the year and a day be fulfilled outside of the United States, the requirement would become practically impossible to meet.
"If you're going to say that this also affects the people who are going to adjust their status under the Cuban Adjustment Act, then yes... tell me that the status adjustment based on the Cuban Adjustment Act is over, because the essence is not having to return to Cuba in order to adjust your status here," he warned.
Marcelo insisted that the historical strength of the Cuban Adjustment Act has been precisely to allow migrants to regularize their status without having to return to the island, something particularly sensitive for those who fled for political, economic, or humanitarian reasons.
Cubans with pending asylum are already facing consequences
The lawyer also revealed that some Cubans with pending asylum applications are already being sent to undertake consular processes in Cuba, a situation she described as absurd and concerning.
"How are you going to send someone who has a pending asylum application to undergo a consular process in the country where they have a pending asylum claim because they are afraid to return? But it is happening," she denounced.
The specialist believes that USCIS is making an incorrect interpretation of the law and thinks that the restrictions will ultimately face lawsuits.
"They are conducting an incorrect analysis of the law, which makes me think that, as always, there will be lawsuits, and then they will be in our favor," he stated.
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