Immigration Acts and Petitions Explained
Cuban Adjustment Act (CAA)
The Cuban Adjustment Act (CAA), enacted in 1966, allows Cuban natives or citizens and their accompanying spouses and children to become permanent residents of the United States. The eligibility criteria include having been inspected and admitted or paroled into the U.S., residing in the U.S. for at least one year after admission, and being physically present in the U.S. on the date of application for adjustment.
Key Points:
Applicable to Cuban natives or citizens.
Includes spouses and children.
Requires residence in the U.S. for at least one year.
Diversity Immigrant Visas (DV Program)
The Diversity Immigrant Visa Program, commonly known as the DV Lottery, makes available 55,000 immigrant visas annually to individuals from countries with low rates of immigration to the United States. Applicants must meet certain eligibility requirements, including having a high school education or equivalent and two years of work experience within the past five years in an occupation requiring at least two years of training or experience.
Key Points:
55,000 visas available annually.
Eligibility based on education and work experience.
Targets countries with low U.S. immigration rates.
Employment-Based Petitions
Employment-Based Petitions are a category of immigrant visas that allow employers to petition for foreign workers to become permanent residents of the United States. These petitions are divided into five preference categories based on the applicant's skills, qualifications, and job offer. They include priority workers, professionals with advanced degrees, skilled workers, certain special immigrants, and investors.
Key Points:
Divided into five preference categories.
Requires employer sponsorship.
Based on skills, qualifications, and job offers.
Family-Based Petitions
Family-Based Petitions allow U.S. citizens and lawful permanent residents to sponsor their family members for immigration to the United States. These petitions are divided into two main categories: immediate relatives (spouses, children, and parents of U.S. citizens) and family preference categories (other family relationships such as siblings and married children).
Key Points:
Sponsored by U.S. citizens or lawful permanent residents.
Two main categories: immediate relatives and family preference.
Covers various family relationships.
Violence Against Women Act (VAWA)
The Violence Against Women Act (VAWA) provides protection for victims of domestic violence, including allowing certain abused immigrants to self-petition for lawful permanent residency without the abuser's knowledge or consent. This act applies to spouses, children, and parents of abusive U.S. citizens or lawful permanent residents.
Key Points:
Protection for domestic violence victims.
Allows self-petitioning for residency.
Applies to spouses, children, and parents of abusive citizens or residents.