A new directive from the United States Citizenship and Immigration Services (USCIS) allows for the denial of permanent residency applications without giving the applicant the opportunity to correct documentary 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 deny an application outright if they believe the evidence presented is insufficient, even for issues as minor as an unreadable copy of the passport or an outdated medical certificate.
"Many people submit their application, and there might be some detail that needs clarification, such as missing an element, lacking evidence, or, for example, the birth certificate not being clearly read, or the medical report having a deficiency. The obligation, until now, is that USCIS must send a request for evidence before denying the application, or in the case of petitions, a notice of intent to deny. If they do not send this, then you will not have the opportunity to defend yourself," explained Marcelo.
The lawyer was clear in stating that this second policy—unlike Memorandum PM-602-0199 issued in May 2026, which reoriented the adjustment of status as a discretionary benefit—does pose 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 clearer, or the medical certificate was issued a long time ago," he warned.
In contrast, the May memorandum does not apply to them, because Cubans do not adjust their status through marriage or family ties, but rather through a different legal route. "Cubans adjust their status under the Cuban Adjustment Act whether they entered with a visa or through the visa waiver, which is the ESTA. So that's why when we discussed this back in May or June, we mentioned 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 interviews regarding the Cuban Adjustment Act where the officer asked and said: I'm asking this, but I'm really asking because of the guidelines I was given, but it doesn't apply, and it certainly doesn't apply in the case of the Cuban Adjustment Act."
Both policies are currently being challenged in the District Court of Massachusetts in the case American Association of University Professors et al. v. Mullin et al., filed on October 5. The coalition of plaintiffs 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 assessment, he believes that the evidence needs to be presented in a better format," and that does not justify a direct denial.
In mid-October, the court has not yet issued a ruling on the precautionary measures, and both policies remain in effect. "I believe this lawsuit will succeed," the lawyer reiterated, 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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