Florida immigration attorney Willy Allen offered a message of hope to Cuban immigrants who entered the United States with an I-220A document. He emphasized that while the process may be slow, residencies are still being granted to those who wait patiently. "You have to be patient; residencies are still being issued to people with I-220A," Allen remarked when asked by CiberCuba about current pathways for these immigrants to legalize their status in the U.S.
Allen clarified that since 2021, I-220A holders with the first checkbox have always had a path to legalization. Although the process has been sluggish, progress has been made. He further explained the situation for those with I-220A in the second checkbox. His team has successfully secured asylum for many Cubans in this group.
Pathways to Legalization for I-220A Holders
"We've been able to legalize them through asylum," Allen stated. Moreover, in what he described as the "schizophrenic" nature of American immigration, many Cubans with the second checkbox of I-220A have received residency without a court appearance, approved by mail. "These residencies are still being issued, albeit not every month. Through asylum, even more have been legalized. However, for those with the second checkbox awaiting court, patience is necessary," he noted.
With a typically optimistic outlook, Allen highlighted a case in San Antonio, Texas, where a judge approved residency for an I-220A holder based on Matter of Q. Li, interpreting their entry as parole. "We've seen several judges in Miami, Orlando, and Houston extending cases while Q. Li is still under discussion," Allen mentioned.
Challenges and Detentions
Allen urged immigrants to remain calm, despite the pressures. "Patience, to some extent, puts pressure on the system. Currently, U.S. courts are overwhelmed as this administration aims to detain 3,000 people daily, affecting many with I-220A," he lamented. The attorney described the ongoing detentions as cruel yet technically legal, noting his office is appealing cases where individuals have been detained despite credible fear approval.
Allen is convinced these detentions are a tactic to pressure individuals into self-deportation. "They hope detained individuals, whether Cuban, Venezuelan, or Nicaraguan, will voluntarily choose to leave," he explained. As an example, he mentioned his son's current case involving a Salvadoran who has lived in the U.S. for over 15 years and is fighting deportation despite being married to a U.S. citizen and having children born in America.
Ultimately, Willy Allen believes that while patience may not be a common trait among Cubans, it is essential for those awaiting residency. His advice: exercise patience and maintain a clean record, avoiding any missteps that could hinder the path to legalization.
Understanding the I-220A Process
What is the I-220A document?
The I-220A is a document given to some immigrants when they enter the United States, indicating they are under supervision while their immigration status is determined.
How can I-220A holders obtain residency?
I-220A holders can pursue residency through asylum or by leveraging legal precedents like Matter of Q. Li. Some may also receive residency without a court appearance if approved by mail.
Why are some I-220A holders being detained?
Detentions are part of the U.S. government's broader immigration enforcement strategy, intended to compel some to self-deport. Legal challenges to these detentions are ongoing.