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From now on, the US authorities will not recognize, for immigration purposes, the children of Cuban parents who were born abroad.

As is common knowledge, up to now, the children of Cuban parents born abroad acquired a birth certificate at any Cuban consulate abroad. With that document, it allowed them to apply to the Cuban Adjustment Act (ACA) and subsequently to permanent residence in the US.

The requirements so far and still continue to apply for residency in accordance with the law of Cuban Adjustment are:

First – Have the Cuban nationality;

Second – stay one year and one day in the US continuously;

Third – have entered the US legally;

Fourth – not have a criminal record;

So you may ask, what has changed?

What has changed is that the US Government, through a Memorandum of the Immigration and Citizenship Service (USCIS) dated as “Updated Guide for the adjudication of cases through the Cuban Adjustment Law” makes modifications on the documents needed to show the eligibility of an applicant. In this sense, the memorandum makes change or modification that may affect the children of Cuban parents by stating: Not withstanding a birth certificate issued by the Civil Registry or a Cuban Consular Certificate documented the birth outside of Cuba of a person with at least a Cuban father is not enough to determine Cuban citizenship, which makes it more difficult for the Cuban-born son born abroad to be able to be legalized under the Cuban Adjustment Act (ACA).

The Immigration Agency points out that a current or expired Cuban passport is evidence of Cuban nationality as well as the Citizenship letter or the Certificate of Nationality which would allow the Cuban-born son abroad to be admitted for the Cuban Adjustment Law.

The problem that is presented to the children of Cuban parents born abroad is that in order to receive the passport they must acquire Cuban nationality and for this they must travel to Cuba and adapt to the rules that Cuba imposes on them during a waiting period . All this primarily affects the children of Cuban parents born in Venezuela, Spain and Mexico who are those who are immigrated to the US.

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