Betsy S. and Irianna Gilimas, two Cuban mothers residing in Texas and Florida respectively, are embroiled in a challenging legal battle to secure legal status in the United States. Despite meeting all requirements for the Cuban Adjustment Act, including possessing a parole and waiting the requisite year and a day, they have been unable to benefit from it. The United States Citizenship and Immigration Services (USCIS) office in Spokane, Washington, which processed their applications, has accused them of human trafficking for crossing the Mexican border with their minor children, deeming them ineligible for U.S. residency.
The predicament of Betsy and Irianna is not isolated. Eight other Cuban families face similar accusations of smuggling for entering the U.S. with their children, preventing them from applying under the Cuban Adjustment Act. Most of these denials were issued by the same official in May 2024, during the Biden Administration, and again in April 2025, from the Washington office.
In an interview with CiberCuba, Betsy S. expressed her frustration over being trapped in a legal limbo that bars them not only from the Cuban Adjustment Act but also leaves them without a work permit or driver's license. She emphasized the unprecedented nature of their situation, which has left attorneys puzzled. Although some families, including Irianna Gilimas's, have reached out to Congresswoman María Elvira Salazar, they believe the resolution lies in a law firm challenging USCIS’s unique interpretation of the law.
"It's absolutely unfair that you do everything by the book, complete your processes correctly, work legally with a permit, even pay taxes, and then face judgment like this," Betsy S. remarked in her interview. "The worst part is the uncertainty. I have faith and confidence that this will be resolved, but in the meantime, what happens? That uncertainty is exhausting. You drive carefully, but if an accident occurs, when asked about your immigration status, what do you say? 'I'm fighting because I've been accused of smuggling.' We must remain positive and not give up for our children and ourselves, but it's extremely difficult and draining," she added.
Meanwhile, Irianna Gilimas attempts to navigate the intricate legal situation they find themselves in while seeking a better future for their family in the U.S. Her five-year-old son, who has special needs, was granted a Green Card, yet USCIS denied it to her and the child's father, labeling them as traffickers rather than parents. For both mothers, returning to Cuba is not an option, and their primary fear is that this specific official's decision could leave at least ten Cuban families in a legal limbo, akin to the plight faced by many Central Americans who have resided illegally in the U.S. for years.
Understanding the Cuban Adjustment Act and Its Challenges
What is the Cuban Adjustment Act?
The Cuban Adjustment Act is a U.S. law that allows Cuban nationals to apply for permanent residency after living in the United States for at least one year. It was enacted to provide a legal pathway for Cubans fleeing the communist regime to settle in the U.S.
Why are Betsy S. and Irianna Gilimas accused of human trafficking?
USCIS in Spokane, Washington, has interpreted their entry with minors across the Mexican border as human trafficking, making them ineligible for the Cuban Adjustment Act despite their compliance with other legal requirements.
How are these cases impacting other Cuban families?
The accusations have left other Cuban families in a similar predicament, unable to apply for residency and facing the threat of being labeled as smugglers, which creates a significant legal and personal challenge for them.