Cuban Adjustment Decision in Immigration Court

On Friday, May 15, 2026, three clients of our office obtained approval of their Lawful Permanent Residence during Individual Hearings in Orlando Immigration Court, based on the Cuban Adjustment Act.

The particularity of these cases was that all three Cuban nationals had received humanitarian parole pursuant to INA § 212(d)(5) after crossing the border. Subsequently, after meeting the statutory requirement of one year and one day, they filed their applications for permanent residence with USCIS, as required by law. However, those applications were later administratively closed by USCIS on the grounds that the applicants had been issued Notices to Appear (NTAs) and were therefore under the jurisdiction of an Immigration Judge.

Upon assuming representation of the cases, our office filed motions before the Court arguing that the Immigration Judge had jurisdiction to adjudicate the permanent residence applications. It was emphasized that, in all three cases, the Notices to Appear (NTAs) contained blank sections intended to define whether the applicants were considered “arriving aliens,” and that such defects had never been corrected by the government.

After reviewing the legal arguments presented, the Immigration Judge confirmed jurisdiction over the cases, thereby permitting the filing and adjudication of the permanent residence applications in accordance with the requirements established by law.

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