Willy Allen Advises Against Sending Cuban Children Across the Border with Relatives: "Don't Risk Your Kids"

Willy Allen, a seasoned immigration attorney based in Florida, is advising Cuban parents who have immigrated to the United States not to send their children alone to cross the border accompanied by a grandparent, older sibling, or aunt. The critical issue, he explains, is that these minors do not receive entry documents that would allow them to later adjust their immigration status. "Don't risk your children," he emphasized in an interview with CiberCuba on Monday, April 21.

Allen has consistently warned families for years about the risks of sending children to cross the border unaccompanied by parents. "Even when minors travel with a grandparent, sibling, or uncle, they won't receive entry documents or internal parole," Allen stated. "When a child enters the U.S. with a relative, they are detained at a care facility and are released with just a Notice to Appear (NTA) and a court date. It's a challenging situation to fight these cases, especially with young children, like a seven-year-old, facing a judge."

The lawyer shared his experiences in Miami, where he often managed to resolve these cases by appealing to prosecutors and judges to align the child's case with the parents' immigration status. He highlighted a common scenario where parents, who may have an I-220A or are awaiting legalization, hastily bring their children through relatives instead of waiting for family petitions once they are legalized. "In the past seven years, these minors have not received entry documents but only court notices, complicating their path to legalization," Allen noted.

Adding to the complexity, Allen recounted a current case of a girl who entered the U.S. with an aunt but was not granted entry documents. He is now working on legalizing her status. He reiterated his advice against sending children with relatives, calling it a "disaster" for minors, even when using programs like CBP One. "I had a case where a grandmother was granted parole through CBP One, but her granddaughter was taken to a care facility and handed over to her mother, who holds an I-220A, without entry documents," Allen explained. "This creates a significant problem."

Challenges and Legal Implications of Border Crossings for Cuban Minors

One potential solution involves including the undocumented minor in the mother's asylum application. However, Allen warned that if the mother’s asylum is denied, it negatively impacts the child’s chances for legalization. If the mother becomes a resident through I-220A, the child cannot be legalized due to the absence of lawful entry documentation.

Allen also highlighted an unusual situation where he has not seen a single case in seven years where a minor entering alone received parole. He pointed out the irony of recent cases where children received residency, yet their parents faced human trafficking charges for bringing them illegally. "We are fighting these accusations, arguing that parents should not be charged with human trafficking when crossing the border with their minor children," Allen asserted.

The attorney further addressed a peculiar issue where some Cuban immigrants receive notifications declaring them deceased. In his nearly 40-year career, Allen has never encountered such cases and advises individuals to visit the notifying institution to prove their living status.