Florida-based immigration attorney Willy Allen has expressed concern that in the coming years, the United States might see more asylum cases lost than won. He attributes this potential trend to the influence of the Attorney General's office on judges. Speaking on his weekly program on CiberCuba, Allen responded to a question regarding a person who lost their asylum case, is currently appealing, and is curious if they might benefit from any new laws favoring I-220A holders.
"The answer is yes," Allen confirmed. "What matters most if you’ve lost your asylum case is to have filed your appeal in a timely manner. Appeals can take up to two years. Just last month, I received an appeal back for a Russian client who lost her asylum case five years ago, and now I have another path to legalize her status," explained the distinguished attorney.
Allen further elaborated that appeals typically last between one to three years. During the appeal process, the I-220A residence status can be reassessed, and the judge who initially denied the asylum might grant residency. "I enjoy reopening cases before judges who initially denied me, pushing them to grant residency. It’s my favorite part of dealing with judges. When I manage to reopen a case, they have to give us something and approve my client's case. I love that," he remarked with a touch of humor.
The Uncertainty Surrounding I-220A and Deportation Concerns
Addressing another individual's worry about facing deportation due to their I-220A status and an upcoming court date, Allen reassured that deportation is not imminent. He emphasized calm among Cubans with this immigration status, who became alarmed last March when at least 18 women with I-220A were detained and moved to prisons outside of Florida.
"Currently, the individuals who are truly at risk of deportation are those with I-220B status and already have a deportation order against them," Allen noted. "Additionally, those with a criminal history and an unresolved I-220A situation might face challenges, especially if their home countries refuse to accept them back."
For those with a future court date under I-220A, Allen advised that as long as they attend court, avoid criminal activities, and adhere to legal protocols, they should not encounter problems. He cited the case of the 18 women arrested in March, including Beatriz Monteagudo Castillo, who have since been released.
In a CiberCuba interview last month, Allen mentioned that, in his view, Cubans under I-220A status are among the safest in the U.S. They have a temporary reprieve until at least 2026, allowing many to meet the one-year residency requirement to qualify for the Cuban Adjustment Act.
FAQs on U.S. Asylum and I-220A Status
What is the future outlook for asylum cases in the U.S.?
The outlook appears challenging, with predictions of more cases being lost than won due to the influence of the Attorney General's office on judges.
How can an appeal affect an asylum case?
Appeals can reopen cases and potentially lead to the granting of residency, even if the original asylum case was denied.
What risks do individuals with I-220A status face?
While generally safer, those with I-220A should remain compliant with legal requirements and avoid criminal activities to minimize risks.