Differences between Political Asylum and the Cuban Adjustment Act in the U.S.

paola vanessa romero rondon
Oct 14
4 min read

If you are looking for a way to live legally in the United States, you may have heard the terms "Political Asylum" and "Cuban Adjustment Act". Both are paths to legal status, but they are very different and do not apply to the same people.

Many people get confused with these two concepts. Therefore, in this article we are going to explain in a very simple way what each one is, who it is for and what are the most important differences so you can understand which one could be an option for you.

What is Political Asylum?

Political asylum is a protection that the United States gives to people who are afraid to return to their country.

Who is it for? For people from ANY country in the world. No matter your nationality.
Why can you ask? Because you were persecuted or have a real fear of being persecuted for one of these 5 reasons: your race, religion, nationality, your political views or for belonging to a particular social group (such as the LGBTQ+ community).
The key point: The most important thing for asylum is to demonstrate that fear of persecution.

What is the Cuban Adjustment Act?

The Cuban Adjustment Act (known as CAA) is a special law that has been in existence since 1966 and provides a unique benefit to persons from Cuba.

Who is it for? ONLY for citizens or natives of Cuba.
What is the objective? To allow Cubans who meet certain requirements to apply for permanent residency (green card) directly.
The key points: To use this law, you must meet several requirements, but the two most important are:
1. Have been "inspected and admitted or released under parole" when entering the U.S. (this means you entered legally through a port of entry or with a special permit, such as parole).
2. Have lived in the United States for at least one full year.

The 4 Key Differences

Political Asylum

WHO CAN APPLY?
People from any country.
HOW SHOULD YOU ENTER?
No matter if you entered with or without permission..
WEATHER IN THE U.S.?
There is no minimum time to apply (but there is a 1 year rule from the time you arrive).
WHAT DO YOU GET?
First an asylee status. After one year, you can apply for residency.

Cuban Adjustment Act

WHO CAN APPLY?
Only natives or citizens of Cuba.
HOW SHOULD YOU ENTER?
You must have entered legally or with a parole.
WEATHER IN THE U.S.?
You must have at least 1 year living here.
WHAT DO YOU GET?
Permanent residency (green card) directly.

SOURCE: LA NACION

Frequently Asked Questions (FAQ)

1. I am from Cuba and I entered through the border without permission, can I use the Cuban Adjustment Act?

Generally no. The Cuban Adjustment Act requires you to have entered with "inspection" (legally) or with "parole". If you entered without permission, this path is usually not available to you, but political asylum may be an option that you should discuss with an attorney.

If I am Cuban, can I apply for political asylum instead of the Adjustment Act?

Yes, a Cuban citizen who is afraid of being persecuted for the reasons that require asylum (race, religion, political opinion, etc.) may apply for asylum. They are two completely different paths and one does not eliminate the other.

Which is faster, asylum or the Cuban Adjustment Act?

Immigration waiting times vary widely. However, the Cuban Adjustment Act has a clear time requirement (wait one year in the country to apply). Asylum cases, on the other hand, can take many years to be decided.

4. Do I need a lawyer for these procedures?

Although the law does not require you to have one, it is highly recommended. Immigration law is very complicated and a mistake in your application can cost you your future in the country. An immigration attorney is the best person to evaluate your case and tell you what is the right path for you.

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