A new DHS policy memorandum posted June 19, 2015 outlines VAWA Amendments to the Cuba Adjustment Act (CAA) and continued eligibility for abused spouses and children.

The CAA allows Cuban nationals and their qualifying family members to adjust to lawful permanent resident (LPR) status once certain criteria are met. An abused spouse or child of a qualifying Cuban principal do not lose the ability to adjust status to that of green card holder if the qualifying Cuban loses LPR status or eligibility due to incident involving domestic violence.

It is important that the individual file for their own adjustment of status within two (2) years of the Cuban principals loss of status or loss of eligibility. Additionally, the abused spouse or child does not need to demonstrate he or she currently resident with the abusive Cuba spouse or parent. The abused spouse or child will however need to prove that they were the subject of abuse or extreme cruelty by the qualifying Cuban principal during the relationship.

If you are or were the subject of abuse or extreme cruelty it is important that you consult a New York Immigration Attorney as soon as possible to discuss your immigration rights. USCIS will consider any and all credible evidence that is relevant to the application. VAWA confidentiality provisions apply to the applicant with appending or approved application for adjustment of status (green card application).