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Can I stay in the United States on a tourist visa and apply for an Act of Adjustment?

Cubans who want to travel to the United States have a new option: the multiple-visit visa (B-2) recently approved by the Joe Biden administration. These visas allow them to enter and exit the United States for five years, but they can only stay in the country for six months at a time.
If they stayed longer, their situation would become abnormal. Some Cubans wonder if, with this visa, they can benefit from the Cuban Adjustment Act, which makes it possible for them to obtain permanent residency or a green card if they meet certain requirements. Is this possible?
The Cuban Adjustment Act is a 1996 law that benefits some Cuban citizens who arrive in the United States and wait at least a year and a day before applying for residency. However, not everyone entering on a B-2 visa can do this, as they must prove that they are leaving Cuba for political reasons, rather than financial or family reasons.
United States and Cuba Tourist Visa Adjustment Act
Ángel Leal, an immigration lawyer from Miami, explains in Martí Noticias the conditions under which Cubans traveling to the United States on a tourist visa can benefit from the Cuban Adjustment Act.
“Theoretically yes, because it’s an admission,” Lyle said, but he also warned that if travelers “arrive in the United States with the intent of traveling on a tourist visa, they could be charged with immigration fraud for misconduct.” .”The purpose of using a tourist visa is to immigrate to this country.”
Lyle added, “Theoretically, if you had no intention of staying and you ended up staying for unforeseen reasons, you could qualify for the Cuban Adjustment Act and be granted residency after one year and one day.”
However, he recalled that Cubans still have to apply for tourist visas in third countries because “generally speaking, they do not apply for non-immigrant visas in Havana” unless there are special circumstances.
As of August 25, 2023, Cubans can obtain a five-year multiple-visit visa in the United States, but they must arrange an appointment and visa at the U.S. Embassy in another country, such as Guyana.



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