The immigration attorney Liudmila Marcelo revealed what the most challenging questions are that Cubans face during status adjustment interviews under the Cuban Adjustment Act, especially when entry into the United States occurred with a tourist visa.
Marcelo responded to a question from a follower named Onelio during an interview with Tania Costa, identifying three major areas of concern: the intention when entering with a tourist visa, military service, and membership in organizations such as the Defense Committees of the Revolution (CDR).
The attorney warned that, following a memorandum issued in May 2026 by the U.S. Citizenship and Immigration Services (USCIS) regarding "extraordinary" status adjustment, officials are asking unusual questions even in Cuban adjustment cases.
"Look, really, after the memorandum last month regarding the extraordinary nature of the adjustment of status within the United States, I always said that the Cuban adjustment would not be affected. However, I had an adjustment of status interview and they asked me the same questions they're asking everyone," Marcelo explained.
Among those questions is: "Why didn't you wait for a consular process? What is preventing you from going to your country to have your consular interview?"
Marcelo reported that she herself questioned the officer. “Wait a moment, I find this type of question strange in a Cuban adjustment,” to which the official replied that they had been instructed to ask such questions in all cases.
The key response, according to the lawyer, is that the reason the applicant cannot go to Cuba for a consular interview is precisely the immigration category under which they are applying. "If you leave the country while waiting for your residency under Cuban Adjustment, it is understood as having already renounced that application because you cannot leave the country."
The most critical point, Marcelo emphasized, is that the officer must never be able to deduce that the applicant entered the country with the prior intention of staying using a tourist visa. "What is important is that the officer can never infer from your response that when you obtained your tourist visa or entered this country, you already had the idea of staying. It should normally be circumstances that occur afterward."
Regarding military service, Marcelo was straightforward: since it is mandatory in Cuba for men, having received training with weapons is something that the officers are already aware of. "There is nothing wrong with saying yes, that you received this type of training," he stated.
Regarding the CDR, the lawyer made a crucial distinction between being registered in the CDR book—mandatory for all Cubans from the age of 14—and being an active member.
"You weren't a member of the CDR; you were listed in a directory where everyone is included. In this CDR live Tania and Liudmila, because it's mandatory once you turn 14," she explained.
Being an active member, Marcelo clarified, means having been the president of the CDR, paid dues, participated in acts of repudiation, or attended demonstrations on behalf of that organization. Those who only appeared on the list without active participation can honestly state that they were not active members.
The lawyer cautioned, however, that anyone who did have an active role should not lie to the officer, as providing false information can seriously impact their immigration eligibility.
This session is set within the context of the reactivation of USCIS interviews for Cuban adjustment that Marcelo mentioned at the beginning of June, even in cases with form I-220A, following a prolonged pause.
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