USCIS Provides a Policy Memo on Updated Agency Interpretation of Cuban Citizenship Law
USCIS issued a policy memorandum on agency interpretation of Cuban citizenship law for purposes of the Cuban Adjustment Act, stating that effective immediately, USCIS rescinded its adoption of Matter of Vazquez. Matter of Buschini remains overruled and inoperative, as this memorandum superceded prior guidance. Memorandum includes an updated interpretation of Cuban citizenship law, stating that: "… an individual's Cuban consular certificate documenting birth to at least one Cuban parent cannot serve as evidence of the individual's Cuban citizenship for purposes of the CAA because the consular certificate is issued before it is formally registered in Cuba by the Cuban Ministry of Justice. This remains true even if the consular certificate states that the individual to whom the certificate was issued is a Cuban citizen."
Related Resources
- USCIS Adopts AAO Decision Relating to Cuban Adjustment Act and Overrules Matter of Buschini (Matter of Vazquez, 7/31/07)
- AAO Adopted Decision on Cuban Adjustment Act (Matter of Buschini, 6/30/06)