Willy Allen, a well-known immigration attorney from Florida, is making it clear: Cubans residing in the United States under the I-220B status are facing significant challenges. Speaking candidly during his weekly program broadcast live on CiberCuba every Monday at 11:00 am (Miami time), Allen emphasized the hardships these individuals encounter. "For those holding an I-220B status, the path to legalization in the U.S. is nearly impossible," he stated, referencing the recent deportation of 82 Cubans back to the island, including Heidy Sánchez Tejeda, a mother of a nursing infant, and Víctor Manuel Izquierdo, a new father of a one-year-and-nine-month-old child. Both lived in Tampa and had no criminal records.
Allen pointed out that the biggest concern lies with those holding I-220B status. "We've discussed it countless times—once you have an I-220B, it's because you lost an asylum case and were deported, failed a credible fear interview, or missed a court date," he explained. He expressed regret over the deportation of individuals with families in the U.S. who have not committed crimes. "Many being deported are those unlucky individuals who entered after March 2017 and have not committed any criminal offenses. They just lost their credible fear claim, their asylum case, or missed court appearances by mistake," he reiterated.
However, Allen made a distinction between those with I-220B status based on criminal actions. "It's crucial to differentiate those with a 220B who have committed crimes," he noted. "Last week, many people I’ve known for decades, back when I was a criminal lawyer, were deported due to serious criminal offenses. They're worried about their future, especially now that they are in their seventies and have lived here believing they wouldn’t be sent back to Cuba, where they have no family. For this group, the situation has become even more challenging."
When asked if deported individuals could attempt reentry into the U.S. illegally, Allen strongly advised against this approach. "Trying to reenter without a pardon from a consulate in your home country will lead to federal criminal charges and deportation," Allen warned. He stressed that the sensible approach is to seek a pardon, remain patient, and wait, as any other method would prevent them from ever regularizing their status in the United States.
Understanding I-220B Immigration Challenges
What is the I-220B status?
The I-220B status is a designation given to individuals, often asylum seekers, who have been released from detention under certain conditions but do not have a legal status in the United States.
Why is it difficult for those with I-220B to legalize their status in the U.S.?
Those with I-220B status face significant challenges because they have often lost asylum cases, failed credible fear interviews, or missed court dates, which complicates their path to legalization.
Can deported individuals reenter the U.S.?
Reentering the U.S. without a pardon granted by a consulate in the individual's home country is not advised, as it can result in federal criminal charges and deportation.