Cuban with Crimes Granted Adjustment of Status

Our client, a Cuban national with a criminal history, achieved lawful permanent residence through the Cuban Adjustment Act (CAA). This result required precise eligibility mapping, strategic waivers, and a compelling record of rehabilitation.

Why adjustment was still possible
The CAA permits Cuban natives or citizens who were inspected and admitted or paroled and have one year of physical presence in the U.S. to adjust status in the government’s discretion, if admissible. Criminal issues can create inadmissibility (e.g., crimes involving moral turpitude (CIMTs), controlled-substance offenses). However, some are waivable or not disqualifying:

• Petty offense exception: A single CIMT with a maximum possible sentence ≤1 year and actual sentence ≤6 months may not trigger inadmissibility.
• INA §212(h) waiver: Can forgive certain CIMTs and one offense of simple possession of ≤30g of marijuana. This is possible upon proof of rehabilitation or extreme hardship to a qualifying U.S. relative, with a favorable exercise of discretion.
• No waiver for most drug offenses beyond the 30g marijuana exception—careful offense analysis is critical.

Our approach

1. Charge-by-charge analysis: We obtained certified court records and verified statutes of conviction. This helped us rule out non-waivable bars.
2. Select the waiver theory: We paired CAA adjustment with a tailored §212(h) showing rehabilitation, treatment completion, stable employment, and community support. We emphasized humanitarian equities and U.S. family ties.
3. Document everything: Medical/psychological evaluations and hardship declarations from U.S. relatives. We also included proof of sobriety, restitution, and years of law-abiding conduct.
4. Consistency check: We aligned all facts across prior applications, fingerprints, and background checks to avoid credibility gaps.

Outcome & next steps

Outcome & next steps
USCIS approved the §212(h) waiver and then granted CAA adjustment, issuing a green card. Post-approval, we counseled on travel cautions, renewal timelines, and future naturalization. This includes the importance of ongoing good moral character and tax compliance.

What this means for you
A criminal record does not automatically end a CAA case. With meticulous offense analysis, the right waiver, and a persuasive discretion package, many Cuban applicants can move from uncertainty to permanent residence. Our office can audit your convictions, identify viable waivers, and build the evidence to win.