USCIS releases Notice for Certain Natives/Citizens of Cuba who are “Arriving Aliens and were Denied Adjustment of Status due to lack of proof that they were Admitted or Paroled

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USCIS released a notice on February 23, 2022 stating that if you are a native or citizen of Cuba who:

(1)  Meets the definition of n “arriving alien” under 8 C.F.R. 1.2; and

(2)  were, prior to the entry of a removal order under Section 240 of the Immigration and Nationality Act (INA), initially released by the Department of Homeland Security (DHS) from DHS custody into the United States under INA 236 (for example, with a Form I-220A, Order of Release on Recognizance, or on a DHS Bond under INA 236)2 between January 12, 2017 and November 17, 2021; and

(3)  has not departed the United States since this initial release by DHS from DHS custody; and

(4)  applied for adjustment of status under the Cuban Adjustment Act (CAA) by filing a Form I-485, Application to Register Permanent Residence or Adjust Status (Form I-485) with USCIS; and

(5)  USCIS denied your Form I-485 based solely on a determination that you did not meet your burden of establishing that you had been admitted or paroled as required for adjustment of status under the CAA.

You may:

  • File a new Form I-485 with USCIS, with fee, or with a Form I-912, Request for a Fee Waiver (Form I-912), if eligible; or

  • File a timely Form I-290B, Notice of Appeal or Motion (Form I-290B) with USCIS, with fee, or with a Form I-912, if eligible.  If a timely Form I-290B is filed and the above criteria are met, USCIS will reopen and re-adjudicate the previously denied Form I-485.

Additionally, if the deadline for filing a timely Form I-290B has passed, you may, for a period of one year from the date of this notice, file an untimely Form I-290B, with fee, or with a Form I-912, if eligible.  If an untimely Form I-290B is filed within one year from the date of this notice and the above criteria are met, USCIS will reopen and re-adjudicate the previously denied Form I-485.  An untimely Form I-290B should be annotated “UNTIMELY MTR – DENIED CAA I-485 FOR NO ADMISSION OR PAROLE.”

If you meet the above criteria you should attach a copy of this notice to the top of any new Form I-485 or Form I-290B, clearly indicate that you meet the qualifying criteria, and include evidence that you meet the qualifying criteria with the filing.   Additionally, if subsequent to the USCIS denial of the Form I-485 DHS has since issued you a parole under INA 212(d)(5), you should also include a copy of this parole (for example, a Form I-94 or other document issued to you by DHS indicating that you have been paroled under 212(d)(5)) with the new filing.