Cuban Adjustment Act FAQs
CU-6 Code: Does the CU-6 code on a document shown by a Cuban demonstrate eligibility for refugee program services?
A Form I-551 (Permanent Resident Card) with the CU-6 code is not one of the acceptable documents for showing eligibility for ORR benefit according to ORR State Letter #00-17 (see the end of Chapter 6) and subsequent guidance. The CU6 code represents a Cuban national who becomes a permanent resident under the Cuban Adjustment Act. The CU6 code therefore provides no information about whether an individual meets the definition of a Cuban or Haitian entrant. Many people who adjusted under this law were previously Cuban/Haitian entrants, but others were admitted to the United States in statuses not eligible for refugee program benefits. Persons who are lawful permanent residents must establish that they held a previously eligible status.
Secondary Evidence for CU6: If a Cuban applicant documented as a CU-6 presents a photocopy of his or her I-94 showing a qualifying status, can the individual be served on an interim basis while waiting for secondary verification from DHS?
No, applicants must establish their eligibility before receiving services. Ask for other documentation if the client does not have the original I-94. Many Cubans documented with the CU6 code will have other documents that show their earlier status, such as passports or EAD's that may have expired. If no other documentation exists, providers must submit a Freedom of Information Act (FOIA) request to document the earlier status before providing services.
CU7 Spouse or Child: Is the spouse or child of a Cuban parolee who adjusted under the Cuban Adjustment Act (CAA) eligible for refugee services?
The code “CU7” on an I-551 (permanent resident card) reveals that the spouse or child is not considered a Cuban national. Spouses and children of a Cuban/Haitian entrant do not receive, or "derive," eligibility from their relative. The definition in the Refugee Education Assistance Act granted eligibility for refugee program services only to certain categories of individuals with Cuban or Haitian nationality. (See also FAQ regarding Derivative Eligibility of Cuban-Haitian Parolees.) These family members may, however, be eligible for mainstream services open to all permanent residents.
Interim Eligibility with Self-Declaration of Eligible Immigration Status: If a Cuban applicant documented only as a CU-6 signs ORR’s suggested Self-Declaration of Eligible Immigration Status (see Exhibit 5-1), can the individual be served on an interim basis while waiting for verification of prior status from DHS?
No, the Self-Declaration does not replace documentation of an eligible status. If, however, the individual has an expired document showing a previously eligible status, such as an EAD with a code “C11” representing parole status, and your contract does not limit the period of eligibility, check with the Office of Refugee Services about the use of the Self-Declaration to provide interim service.