Immigration lawyer Willy Allen dismissed concerns that any internal changes in Cuba—even a potential amnesty law—could jeopardize the Cuban Adjustment Act or the immigration status of Cubans in the United States.
The question arose in the context of the amnesty law passed by Venezuela in February 2026, which explicitly excluded Venezuelans abroad with Temporary Protected Status (TPS) or pending asylum applications, causing uncertainty about their immigration future. Addressing the fear that something similar might happen to Cubans, Allen was unequivocal.
"Cubans are still fortunate because the Cuban Adjustment Act exists. That law doesn't have to play with any amnesty or any benefit granted internally in Cuba. That law remains firm," Allen stated in an interview with Tania Costa for CiberCuba.
He urged his audience not to panic: "Listen to me carefully so you don't panic: any internal change won't affect Cubans until Cuba has free democratic elections, and it's clear they were fully transparent and multi-party."
Allen was explicit in noting that partial concessions from the regime aren't enough to trigger that threshold. "Even if the Cuban government, as part of negotiations, releases all political prisoners, says it will allow foreign investments, or listens to family claims for properties taken in the '60s, that doesn't mean there have been free, democratic, and transparent elections," he emphasized.
This scenario is particularly relevant in the current context: during the Trump administration, negotiations with Cuba demanded the release of political prisoners like Luis Manuel Otero Alcántara and Maykel Osorbo, with a deadline expiring on April 24. Cuba's refusal to release prisoners as a negotiation condition highlights the gap between the regime and any genuine electoral process.
Comparing the Cuban Adjustment Act to Other Immigration Protections
Allen positioned the Cuban Adjustment Act above TPS and asylum as a form of immigration protection. "We have a superior protection than TPS, any other form of legalization, even asylum. The Cuban Adjustment is superior to asylum," he remarked. He even added that "marrying a Cuban provides more benefits and privileges than marrying an American citizen."
On the possibility of the law being repealed, Allen was straightforward: "I don't think they're going to remove it in the near future." It's important to remember that only the U.S. Congress can repeal the CAA, not the president through an executive order, and the Helms-Burton Act of 1996 ties any changes to the existence of a democratically elected government on the island.
Regarding the timeline for Cuba to reach that democratic standard, Allen was skeptical: "I think we're far away, we could be a decade away from Cuba having a sufficiently broad change for such elections to exist."
The lawyer concluded with a personal and emotional reflection. "I'm turning 75. I've been waiting for that change for 65 years. I'd like to see a change. I'd like it to happen while I'm alive. I'd love to return to my father's farm in Ciego Montero," he shared. He added, "I support negotiations. I support Díaz-Canel moving to live with Tania in Spain. I support any change that improves the daily life of Cubans."
Understanding the Cuban Adjustment Act and Its Future
What is the Cuban Adjustment Act?
The Cuban Adjustment Act is a U.S. law that enables Cuban nationals who have been present in the United States for at least one year to apply for permanent residency.
Can changes in Cuba affect the Cuban Adjustment Act?
According to lawyer Willy Allen, internal changes in Cuba, such as a potential amnesty law, do not affect the Cuban Adjustment Act or the immigration status of Cubans in the U.S.
What would need to happen for the Cuban Adjustment Act to be repealed?
Only the U.S. Congress can repeal the Cuban Adjustment Act, and changes are tied to the existence of a democratically elected government in Cuba, as stipulated by the Helms-Burton Act.