Instructions For Application To Register Permanent Residence Or Adjust Status (Form I-485) (Page 33 of 42) in pdf

Evidence of Physical Presence and Inspection and Admission or Inspection and Parole

CAA adjustment is available only to applicants who have been inspected and admitted or inspected and paroled into the

United States. If you are present in the United States without inspection, you are not eligible for CAA adjustment unless

you first present yourself to USCIS and USCIS paroles you under INA section 212(d)(5)(A), pending a final determination

of your admissibility.

If you are a Cuban native or citizen who has already been physically present in the United States for at least one year at

the time DHS paroles you, then you may apply for adjustment of status immediately after being paroled. The law does

not require the one-year period of physical presence to occur after your parole.

CAA for Abused Spouses and Children

You may apply for adjustment of status if you are an abused spouse or child of a CAA-eligible spouse or parent. Special

confidentiality protections (described at 8 U.S.C. section 1367) apply to you as the abused spouse or child of a principal

CAA-eligible spouse or parent. 8 U.S.C. section 1367 provides two forms of critical protection. The first form of

protection is a prohibition on adverse determinations against the victim based on information provided solely by their

abuser and other prohibited sources. The second form of protection is a prohibition on disclosure of any information

about the victim to third parties, except in certain very limited circumstances.

You may apply under the CAA for abused spouses and children regardless of how long your relationship existed. It also

does not matter whether your relationship began before or after your Cuban spouse or parent became a lawful permanent

resident.

Derivative applicants are not allowed in this category.

Evidence of Financial Support

If you are filing Form I-485 as an abused spouse or child under the CAA, you do not need to submit evidence of financial

support.

Additional Evidence Requirements

As a CAA abused spouse or child, you must submit evidence showing you meet certain requirements specific to this

adjustment program. Therefore, in addition to the evidence listed in the What Evidence Must You Submit with Form

I-485 section, you must also submit:

1. Evidence that you resided with your abusive Cuban spouse or parent at some point during the qualifying relationship

as a spouse or child;

2. Evidence that you have been physically present in the United States for at least one year;

3. Evidence of battery or extreme cruelty;

4. Evidence that the termination of your marriage was connected to the abuse (if applicable); and

5. Evidence that the abusive Cuban spouse died within two years of when you filed an application for adjustment of

status (if applicable).

Evidence of Physical Presence and Inspection and Admission or Inspection and Parole

The law does not require the one-year period of physical presence to occur after your parole.

Abused spouses and children of CAA-eligible applicants must have been inspected and admitted or inspected and

paroled into the United States. If you are present in the United States without inspection, you are not eligible for CAA

adjustment unless you first present yourself to DHS and DHS paroles you under INA section 212(d)(5)(A), pending a final

determination of your admissibility.

Form I-485 Instructions 06/26/17 N

Page 33 of 42

Instructions For Application To Register Permanent Residence Or Adjust Status (Form I-485) Page 33