A Cuban nurse, identified as Janet Almaguer, reported that during her status adjustment interview with USCIS in May 2025, the officer who assisted her noted in her file that she was a member of the Communist Party of Cuba, despite her explicit denial during the interview.
Almaguer discovered the erroneous annotation while requesting his file through a Freedom of Information Act (FOIA) request. What he found was even more alarming: as he described on Tania Costa's live program with immigration attorney Liudmila Marcelo, "the office made it clear to me that it was impossible to be a nurse without being a member of the Communist Party."
«I am a nurse, and because of that, the officer marked that I was from the Communist Party even when I denied it. I already saw that when I requested the FOIA,» Janet explained. Since that interview, she has been waiting for a response from USCIS for over two years.
Attorney Marcelo clarified that in cases like that of Janet Almaguer, two scenarios can occur. The first is that USCIS issues a Request for Evidence (RFE) asking for proof that the applicant does not belong to the party. The second is that a Notice of Intent to Deny (NOID) is issued, which requires the applicant to prove otherwise before a final decision is made.
"Or they send you a notice of intent to deny. In other words, they send you a notification saying: we intend to deny your residency unless you prove this and that," Marcelo explained. He also pointed out a third possibility: that the official, upon receiving the applicant's negative response, simply accepts the explanation and grants residency without any further process.
The lawyer indicated that USCIS has begun to reactivate adjudications of Cuban adjustment cases, and that she is already aware of colleagues who have been granted residency. “You need to stay alert to see if something like this comes your way,” she cautioned.
Marcelo recommended that Janet Almaguer obtain official documentation from Cuba. "If you have any relatives in Cuba, where you worked, you should request a letter from the workplace stating that the hospital director confirms you were never affiliated with any organization," the lawyer advised.
The case illustrates a problem faced by many Cuban professionals under the Cuban Adjustment Act: the assumption by some USCIS officials that working in the health system of the Island automatically means membership in the Communist Party. However, U.S. immigration law provides exceptions for affiliations strictly related to obtaining employment or meeting basic needs, which is particularly relevant for Cuban doctors, nurses, and teachers.
The immediate steps following the lifting of the immigration pause are crucial for those, like Janet Almaguer, who have been waiting for years. Marcelo emphasized that the applicant must stay alert for any communication from USCIS and act swiftly if they receive an RFE (Request for Evidence) or a NOID (Notice of Intent to Deny), as the response deadlines are strict.
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