Immigration attorney Willy Allen has confidently stated to CiberCuba that he has never faced a judge who refused Cuban Adjustment residency in cases where his client holds a parole. Both Allen and fellow lawyer Liudmila Marcelo agree that this is the quickest route to obtaining a green card, although they acknowledge that many immigrants find the courtroom process daunting.
Allen explained, "I strive to take this route because it is more efficient and faster for me. If I have a court hearing today and the judge tells me there's a date for January 8 to grant my client's residency, I'll take it because I know on January 8, my client will become an American resident, retroactive to their entry date."
Contrastingly, Allen noted, those who go through USCIS face lengthy waits, "500 days, 900 days, 700 days." He addressed a concern from a CiberCuba viewer, identified as a parole 212 from the second box, with an active affirmative asylum and a pending residency for 550 days. The viewer worried about their options if detained and whether they could request bail from a judge.
Allen clarified, "In the event of detention, you will request your residency from the judge, and the judge will grant it. Congratulations on that parole. Your residency is on its way," he assured.
In the worst-case scenario, such as being detained by ICE (Immigration and Customs Enforcement) agents, Allen explained, "If this individual entered with parole, second box, the judge has jurisdiction over their residency case." He emphasized, "I aim to keep all my Cuban clients in court to secure residencies through a judge. Some judges are reluctant due to a high caseload, and some clients panic in court and prefer not to go through the process. But I would tell you that I've never had a judge deny a Cuban Adjustment for a person with parole in court."
Allen concluded, "In court, with a parole, I know when the residency will be granted, and if someone with parole is detained without a criminal offense, just unreasonable detentions, I will request their residency in court."
Additionally, the attorney mentioned that most of the residencies he's currently processing are from CBP One and individuals who entered the U.S. with Spanish visas.
Understanding Cuban Adjustment and Parole
What is the Cuban Adjustment Act?
The Cuban Adjustment Act is a U.S. law that allows Cuban nationals who have been admitted or paroled into the United States to apply for permanent residency after one year of residence.
What does having a parole status mean?
Parole is a temporary status that allows individuals to enter or remain in the U.S. for a specified purpose, such as humanitarian reasons, even if they do not meet the usual visa requirements.
Why might some judges be hesitant to grant Cuban Adjustment cases?
Some judges may be hesitant due to high caseloads or may prefer cases to be processed through USCIS. However, attorney Willy Allen asserts that he has always succeeded in court with clients holding parole.