The public charge rule raises alarm among Cubans seeking permanent residency in the United States, but its impact depends on the immigration pathway each person uses. Attorney John Dutton from the firm John Dutton Law PLLC in Houston, Texas clearly explains: those adjusting their status under the Cuban Adjustment Act are protected, but those applying for residency through other avenues face a very different scenario.
"We know that this public charge does not affect residency for individuals under the Cuban Adjustment. That is clear to us," stated John Dutton in an interview with Tania Costa for CiberCuba.
The problem arises when a Cuban who initially applied under that law then opens a second pathway to residency, for example, by marrying a U.S. citizen and filing a family petition. In that case, the statutory exemption of the Cuban Adjustment Act does not apply, and the applicant becomes subject to the standard public charge evaluation.
"There are other groups that have submitted applications because after they applied for the Cuban Adjustment or from other nationalities, they either received it or married an American citizen and have submitted status adjustment petitions through these family petitions. So we have to be very cautious," the lawyer warned.
The regulatory context exacerbates the situation. This September 18, 2026 marks the implementation of a new final public charge rule from DHS, published on July 20, which broadens the discretion of USCIS officials to evaluate factors such as age, health, financial situation, education, and use of public benefits. The exemption for Cubans under the Cuban Adjustment Act remains intact, but those applying through family pathways are subjected to this stricter scrutiny.
De Rojas noted that the government is already using any inaccuracies on the forms as a reason for denial. "We know that the government is measuring this to deny residencies."
The John Dutton Law office has responded by tightening its internal procedures. "We have instructed our paralegals to exercise utmost care when filling out these forms, which were previously simpler. Even if something was missing, they would send us a request for evidence or consult us, and now we know that due to any error or detail, these individuals will be denied," he explained.
Another point that causes confusion among Cubans is working without a permit and its relation to taxes. The lawyer John Dutton was straightforward about this: “Just because you work without a work permit, it does not make you ineligible for the Cuban Adjustment.”
However, the tax history can indeed influence the assessment. De Rojas explained that a judge may view favorably someone who worked without authorization but fulfilled their tax obligations: "Okay, they worked without permission, but they paid their taxes. So, one thing can balance out the other, which is very different from saying, I worked, but didn’t pay taxes. That could basically be detrimental."
The office advises its clients to never lie to USCIS about their work history. "To this day, our clients, by telling the truth and stating that they have worked even without the work permit, have been granted residency," De Rojas affirmed.
Regarding taxes, it is recommended to consult with an accountant before taking any action: anyone who has received a W-2 or a 1099 is required to file with the IRS, regardless of whether they had a work permit or not. This scenario falls within a widespread tightening of adjustment of status interviews that USCIS has been implementing since 2025, with increasingly stringent requirements to approve cases within U.S. territory.
Si tienes dudas sobre la carga pública u otros requisitos migratorios, mantente informado con nuestra sección de , donde cubrimos todo lo que necesitas saber para navegar el proceso de residencia.
To contact John Dutton Law:
https://www.emigrandousa.com
Teléfono 713 359 9302
WhatsApp 832 702 0225
Email info@houston-immigration.com
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