A new directive from the U.S. Citizenship and Immigration Services (USCIS) allows for the denial of permanent residency applications without giving the applicant the opportunity to correct document errors, which can indeed impact Cubans processing their cases under the Cuban Adjustment Act. This was warned by immigration attorney Liudmila Marcelo in an interview with journalist Tania Costa.
Until now, USCIS was required to send a notice of deficiency —known as a Request for Evidence (RFE) or Notice of Intent to Deny (NOID)— before rejecting an application. With the Policy Alert PA-2026-05, issued on August 5, 2026, that obligation has been removed. As a result, an officer can issue an outright denial if they believe that the evidence submitted is insufficient, even for issues as minor as an illegible copy of a passport or an outdated medical certificate.
"Many people submit their applications, and there may be details that need clarification or that are missing elements; for instance, the birth certificate may not be clearly readable or the medical report might have deficiencies. Up to this point, it is USCIS's obligation to send a request for evidence before denying an application, or in the case of petitions, a notice of intent to deny. If they do not send this, you do not have the opportunity to defend yourself," explained Marcelo.
The lawyer was clear in pointing out that this second policy—unlike the PM-602-0199 Memorandum issued in May 2026, which reoriented the adjustment of status as a discretionary benefit—does represent a concrete risk for Cubans under the Cuban Adjustment Act.
"That is indeed problematic and would affect Cubans applying for the Cuban Adjustment Act because many times the officials just want to see the birth certificate a bit clearer, the passport copy a bit better, or the medical certificate is from a long time ago," she warned.
In contrast, the May memorandum does not include them, because Cubans do not adjust their status through marriage or familial ties, but rather through a different legal avenue. "Cubans adjust their status under the Cuban Adjustment Act whether they entered with a visa or under the visa waiver, which is the ESTA. So that's why when we discussed all of this back in May or June, we said that Cubans shouldn't worry because this wouldn't affect them," Marcelo recalled.
The lawyer's own experience in recent interviews confirms this. "I even had two Cuban Adjustment Act interviews where the officer asked and said: I'm asking this, but I'm really asking it because of the instructions I was given, but it doesn't apply, and even less so in the case of the Cuban Adjustment Act."
Both policies are being challenged in the District Court of Massachusetts in the lawsuit American Association of University Professors et al. v. Mullin et al., filed on October 5. The plaintiff coalition includes unions, university chapters from Harvard and Boston University, the organization Americans for Immigrant Justice, and six individual applicants for permanent residency.
Marcelo argues that the claim is based on solid grounds in both respects: denying without an RFE is illegal because "many times you submitted everything, but just based on the officer's discretion, he believes that evidence needs to be presented in a better format," and that does not justify a direct denial.
By mid-October, the court has not yet ruled on the precautionary measures, and the two policies remain in effect. "I believe this lawsuit will succeed," reiterated the lawyer, confident that the judges will recognize that the measures violate current immigration legislation.
Este cambio en la política de USCIS es solo uno de los muchos que pueden impactar el proceso migratorio de los cubanos en Estados Unidos. Mantente informado con toda la actualidad en nuestra sección de
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