Immigration attorney Willy Allen expresses optimism that if judges present compelling arguments in favor of the I-220A by December 2025, a definitive decision could be made by January 2026. Should this decision be favorable, indicating that Cubans holding an I-220A were indeed paroled, they could apply for residency the following day, regardless of any appeal from the Administration.
The renowned Florida attorney aligns with his son, Willy Allen III, who, in comments to CiberCuba, highlighted the potential for this outcome, although he initially anticipated these arguments would surface in October. Both agree that January 2026 is pivotal for the future of I-220A holders.
The Legal Limbo of I-220A
If judges conclude that, in practice, an I-220A constitutes a parole, as Willy Allen III advocates, thousands of Cubans currently in a legal limbo could qualify under the Adjustment Act, given that most have been in the U.S. for over a year.
However, five months remain until January 2026, and Cubans with I-220A continue to face court detentions. Fernando Fuertes Muñoz, for instance, was detained by ICE on August 4th after a judge closed his case. Recently, he underwent a credible fear interview, which was denied by an ICE officer. His legal team has requested a case reconsideration.
Hurdles and Hope for I-220A Holders
Fuertes Muñoz is among those at risk of deportation before a decision on I-220A is reached. Willy Allen III believes that justice will ultimately acknowledge I-220A as a parole. He points out the inconsistency where families crossing the border together find some members granted parole while others received I-220A, without a clear explanation of the distinction.
Willy Allen has long argued that the majority of I-220A cases will be legalized, although he recognizes there will be casualties along the way. His son recalls how the 'marielitos' eventually achieved legalization after 8 to 9 years.
Visas and National Security Concerns
On his CiberCuba show airing Mondays at 11:00 AM, Willy Allen dismissed concerns that visa reviews for violations would impact Cubans. He cited a lack of personnel to scrutinize large volumes of visas and emphasized that attention is focused on foreigners posing national security threats due to ties with terrorism.
Key Questions About I-220A and Its Implications
What is the significance of a favorable ruling on I-220A for Cubans?
A favorable ruling would allow Cubans with an I-220A to apply for residency, potentially ending their legal limbo.
Why is January 2026 a crucial month for I-220A holders?
January 2026 could be when a definitive decision is made regarding the legal status of I-220A, impacting thousands of Cubans.
What challenges do Cubans face while waiting for a decision on I-220A?
Cubans face the risk of court detentions and potential deportation while waiting for a legal resolution.