Florida-based immigration lawyer Willy Allen remains optimistic about the legalization of those with I-220A status. However, he now acknowledges that the path will be more challenging than he anticipated a few months ago, and it will inevitably result in some individuals facing hardships. According to Allen, those most at risk are individuals who have been in the United States for less than two years, entered through the border, did not pass the credible fear interview, and happen to be randomly detained.
Allen emphasized, "This process is random," during his weekly program on CiberCuba, which airs every Monday at 11:00 AM Miami time. "I have unwavering confidence that the majority of I-220A holders will eventually be legalized, and this future draws nearer each day. However, the journey will be somewhat more arduous, and unfortunately, some will have unpleasant experiences along the way," he noted.
When asked by CiberCuba whether these potential victims are specifically those with an I-220A form and less than two years in the U.S., Allen confirmed this, adding that random detainment plays a role. "We must acknowledge the memorandums indicating they're targeting individuals who've been here for under two years, entered via the border, and did not have a credible fear interview," he said.
Challenges for I-220A Holders
Individuals with I-220A status who have been present in the country longer and are reporting to ICE (Immigration and Customs Enforcement) used to be told to go home and await legalization. Now, while they aren't detained, they are being placed on future court dockets, Allen explained.
He reiterated that the reason for detaining those with 220A status is the absence of a credible fear interview. However, he clarified that if a person with I-220A has an affirmative credible fear, they have the chance to file and argue for full asylum in the U.S., which reduces the risk of detainment.
"If you have court dates, you must attend all of them," Allen stressed, acknowledging that the wave of immigration decisions in the U.S., often halted in courts, leaves even him—despite his 40 years of experience—unable to predict outcomes with certainty.
Concerns Over Humanitarian Parole for Cubans
Regarding Cubans with humanitarian parole, Allen expressed little concern. "I believe the president has full authority to end humanitarian parole, as it was an executive action by the previous administration," he said. "Revoking it is more complex, and claiming the entry was illegal is challenging, as the previous president, Biden, deemed it legal and granted parole."
Allen noted that the Cuban Adjustment Act requires inspection, entry, or admission with parole. Those who entered with parole underwent inspection, admission, and parole, meeting all criteria. He added, "Although there remains a pause initially set for 90 days, Cubans with humanitarian parole will eventually achieve legal status as well."
Understanding I-220A and Immigration Challenges
What is the current status of I-220A holders?
Most I-220A holders are expected to achieve legal status, but the process is becoming more challenging, and some may face difficulties along the way.
Why are I-220A holders being detained?
Detentions occur primarily for individuals lacking a credible fear interview, especially those in the U.S. for less than two years who entered through the border.
What should I-220A holders do to avoid detention?
Holders with an affirmative credible fear can apply for full asylum, reducing detention risks. Additionally, attending all court dates is crucial.
Are Cubans with humanitarian parole at risk?
While the president can end humanitarian parole, revoking it is complicated. Those with parole meet the Cuban Adjustment Act requirements, suggesting they will eventually legalize their status.