At least seven Cuban families who crossed the U.S. border illegally during the Biden administration and applied for residency under the Cuban Adjustment Act have faced setbacks in legalizing their immigration status, despite initially being released on parole. These families report that even after meeting the one-year-and-a-day requirement of the law and having no criminal records in either Cuba or the United States, their applications have been rejected by the current administration.
"They are accusing us of 'trafficking' with our child," stated Irianna Gilimas Matamoros, one of the mothers affected by this challenging situation, in an interview with Univision. Another impacted individual, known as "Betsy," noted, "We all end up at the same point, the denial of our residency."
According to documents from a U.S. Citizenship and Immigration Services (USCIS) office in Washington D.C., the primary reason for denial is the allegation that the adults facilitated their children's illegal entry into the country, rendering them inadmissible. "We had entered with our five-year-old child at the time," one mother explained.
A striking contradiction in these cases is that while the parents are being denied residency for this reason, the children have been granted legal status. "It has been completely unjust because we entered with our minor daughter, received a 60-day parole, completed the required year and a day under the Adjustment Act, and have no criminal offenses in Cuba or the U.S.," one of the affected parents stated.
Attorney Wilfredo Allen, representing some of these families, expressed his bewilderment over the situation. "These are not criminal cases because crossing the border with your child is not a criminal offense per se; it is not human trafficking, but they are using a part of the law to try to penalize them," he explained. Despite the circumstances, Allen remains optimistic, asserting that "they will never be deported." He believes that if the cases go to court, they will be resolved there, but acknowledges the severe uncertainty the families face in the meantime. Some have even had their work permits expire.
All cases have been appealed through waiver applications, but so far, authorities have determined they do not qualify for this relief.
Understanding Cuban Immigration Challenges in the U.S.
Why are Cuban parents being denied residency in the U.S.?
Cuban parents are being denied residency because it is alleged that they helped their children enter the U.S. illegally, making them inadmissible under immigration laws.
What is the Cuban Adjustment Act?
The Cuban Adjustment Act is a U.S. law that allows Cuban nationals who have been in the U.S. for at least one year to apply for permanent residency.
Can families appeal the denial of residency?
Yes, families can appeal the denial of residency through waiver applications, but success is not guaranteed as authorities have so far determined they do not qualify for this relief.