Key Insights for Those Married to a Cuban Resident in the U.S.: Understanding the Cuban Adjustment Act

If you entered the United States on a visa and your spouse is a Cuban permanent resident—not a U.S. citizen—you may be eligible to apply for residency under the Cuban Adjustment Act, regardless of your own nationality.

This clarification was provided by immigration attorney Liudmila Marcelo during an interview with Tania Costa for CiberCuba. Marcelo explained a benefit that often goes unnoticed and highlighted the new scrutiny USCIS is placing on these couples.

"Remember, when you enter the country, regardless of where you're from, with a visa, and your husband or wife is a Cuban resident—not a U.S. citizen—you can apply through the Cuban Adjustment Act," Marcelo stated.

Eligibility and Process

The key requirement is being physically present in the U.S. for one year and one day. Marcelo emphasized that the Cuban Adjustment Act bypasses the initial petition step—the I-130 form—and proceeds directly with the I-485 application.

Importantly, this pathway does not apply if the Cuban spouse has already become a U.S. citizen. "If they're a citizen, the Cuban Adjustment Act isn't applicable. However, if you marry someone who is Cuban and still a resident, not a citizen, you have the same right: after a year and a day, you can apply under the Cuban Adjustment Act," Marcelo clarified.

Heightened USCIS Scrutiny

Marcelo warned that USCIS has started conducting interviews and home visits with these couples, a practice that was previously uncommon for Cuban Adjustment Act cases. "They're visiting couples of Cuban residents from other nationalities—Venezuelans, Colombians, Peruvians, from any country—and they're questioning them about their marriage at the time of the Cuban Adjustment Act, which wasn't done before," she cautioned.

This policy is part of USCIS's intensified review of marriage-based residency cases, which began in 2026. It includes separate interviews for each spouse, unannounced evening home visits, and inquiries with neighbors and employers.

Interview Challenges and Opportunities

The depth of the questions can be startling. Marcelo noted that officials ask about how the couple met, who introduced them, and who was present on that day. They also probe into details like the full name—including the second surname—of the mother-in-law. "It might sound trivial, but who really knows their mother-in-law's second last name?" Marcelo remarked.

For those worried about becoming nervous during the interview, Marcelo offers reassurance to those in genuine marriages. USCIS typically doesn't immediately deny petitions if there are issues during the interview. Instead, they issue a Notice of Intent to Deny (NOID), allowing applicants to address deficiencies and provide additional documentation, followed by a second interview.

The Cuban Adjustment Act: Benefits and Legal Standing

The Cuban Adjustment Act is rooted in the Helms-Burton Act of 1996 and can only be altered or repealed by the U.S. Congress, not by the President. Among its benefits, it grants a 10-year Green Card—unlike the standard two-year conditional card—and does not require financial proof through the I-864 affidavit.

Marcelo concludes her advice to legitimate couples with assurance: "Those who are truly married have nothing to fear, Tania; they should continue living their normal lives."