Elianis Chamberlain, a Cuban national who entered the United States under the I-220A immigration status, recently shared on her TikTok account (@elichamberlain95) that she lost her immigration court case in Houston, Texas. Chamberlain sought to adjust her status through the Cuban Adjustment Act, appearing in her third merit hearing since arriving in the country.
Accompanied by her attorney, Chamberlain's defense hinged on a motion citing a recent Board of Immigration Appeals (BIA) ruling in the case of Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025). This decision has stirred hopes among the Cuban community released without formal parole under the I-220A form. Nonetheless, after scrutinizing Chamberlain's legal defense, the judge delivered a stern verdict.
"I stand by the decision that the I-220A is not parole," the judge declared, sealing the unfavorable outcome for Chamberlain. Although he acknowledged the Q. Li case's ruling, he pointed out a conflict in interpretation that barred him from extending or closing the case.
Legal Context: The Implications for I-220A Holders
The Matter of Q. Li ruling involves a Chinese immigrant but has sparked discussions about the rights of other migrants released without parole, akin to many Cubans, and has been used to bolster new legal defenses in immigration court. On May 16, immigration attorney Mayron Gallardo noted that the ruling strengthens ongoing litigation against the Department of Homeland Security for "improper processing of immigrant entries," potentially aiding future regularization of cases involving Cubans with I-220A status.
However, Gallardo cautioned that the BIA 2025 decision "does not automatically grant residency or parole rights to I-220A cases."
The Impact on the I-220A Community
Chamberlain's experience highlights the uncertainty faced by thousands of Cubans in the United States under this immigration status. Although her case was dismissed, her lawyer plans to appeal, with a 30-day window to do so. During the appeal process, deportation proceedings are halted, offering a small glimmer of hope.
"I'm going to live my life as if nothing is happening, because constantly dwelling on this is debilitating," Chamberlain expressed at the close of her testimony. Despite being visibly affected by the court's decision, she remains determined to fight for her legal status in the United States.
Understanding the I-220A Immigration Status
What is the I-220A immigration status?
The I-220A is a form issued to migrants released without formal parole, allowing temporary presence in the United States while awaiting further legal proceedings.
How does the Matter of Q. Li decision affect Cubans with I-220A?
Although primarily concerning a Chinese immigrant, the Matter of Q. Li ruling has been used to argue for the rights of Cubans with I-220A, despite not guaranteeing automatic residency or parole.