The United States Citizenship and Immigration Services (USCIS) has introduced a new directive that allows the denial of permanent residency applications without giving applicants the chance to amend document errors. This change could significantly impact Cubans applying under the Cuban Adjustment Act. Immigration attorney Liudmila Marcelo highlighted this concern in an interview with journalist Tania Costa.
Previously, USCIS was required to send a deficiency notice—known as a Request for Evidence (RFE) or Notice of Intent to Deny (NOID)—before rejecting an application. However, with the introduction of Policy Alert PA-2026-05 on August 5, 2026, that requirement has been removed. Now, an officer can outright deny an application if they find the evidence insufficient, even if the issue is as minor as an unreadable passport copy or an outdated medical certificate.
Impact on Cuban Adjustment Act Applicants
"Many people submit their applications with minor details that need clarification, like an unreadable birth certificate or a medical report with a deficiency. Previously, USCIS was obliged to send a request for evidence before denying," Marcelo explained. "Without this step, applicants lose the chance to defend their case."
Marcelo emphasized that this policy poses a real threat to Cubans applying through the Cuban Adjustment Act. "This is problematic for Cubans because sometimes officers just want to see a clearer birth certificate or an updated passport copy," she warned.
Legal Challenges and Implications
In contrast, the May memorandum does not affect Cubans, as their status adjustment does not rely on marriage or family connections but follows a different legal pathway. "Cubans adjust through the Cuban Adjustment Act, whether they entered with a visa or via visa waiver like ESTA. That's why when these changes were announced in May or June, we told Cubans not to worry, as it wouldn't affect them," Marcelo recalled.
Marcelo's recent experiences confirm this distinction. "Even in two recent Cuban Adjustment Act interviews, the officer asked questions, stating, 'I'm asking because of new guidelines, but it doesn't apply here, especially with the Cuban Adjustment Act,'" she shared.
Both policies are currently being challenged in the Massachusetts District Court through the lawsuit American Association of University Professors et al. v. Mullin et al., filed on October 5. The plaintiffs include unions, university chapters from Harvard and Boston University, the organization Americans for Immigrant Justice, and six individual permanent residency applicants.
Marcelo argues that the lawsuit has strong grounds, asserting that denying applications without an RFE is illegal. "Often, applicants have submitted everything, but an officer might feel the evidence needs to be in a better format, which isn't sufficient for a direct denial," she stated.
As of mid-October, the court has not ruled on any preliminary measures, and both policies remain in effect. "I believe this lawsuit will succeed," Marcelo expressed confidently, hoping the judges will understand that these measures violate current immigration law.
This shift in USCIS policy is just one of many changes that could affect the immigration process for Cubans in the United States. Stay updated on all developments in our U.S. Immigration section.
FAQs About USCIS Changes and Cuban Adjustment Act
What is the Cuban Adjustment Act?
The Cuban Adjustment Act allows Cuban natives or citizens who have been admitted or paroled into the United States to apply for lawful permanent residency after one year of residence.
What changes did USCIS implement regarding application denials?
USCIS's new policy allows officials to deny applications without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), potentially impacting applicants with minor documentation issues.
How does this policy affect Cuban applicants?
The policy could adversely affect Cubans applying under the Cuban Adjustment Act by eliminating their opportunity to correct minor errors or omissions before a denial is issued.