Cuban Migrant Granted U.S. Residency Through Judicial Ruling

Jorge Lázaro García, a Cuban migrant who crossed the southern U.S. border in 2022 and was issued an I-220A form, has been granted permanent legal residency in the United States. This achievement, supported by a court decision in New Orleans, could pave the way for regularization for thousands of Cubans in legal limbo.

“I felt like I wouldn't be able to achieve legal status because these are very difficult times when you don't know if you’ll have to return,” García told Telemundo 51 after receiving the notification of his residency status. His story echoes the experiences of others who, like him, have spent years under immigration supervision without a parole or certainty about their future in the U.S.

A Legal Strategy Rooted in Judicial Precedent

The legal strategy that led to García's success was spearheaded by immigration attorney Jesús Novo from Gallardo Law Firm. The case relied on the precedent set by the Matter of Q Le in 2022, involving an Asian immigrant. The ruling established that immigrants detained at the border without criminal records or arrest warrants could only be deported or granted parole, a key concept in the Cuban Adjustment Act.

“This decision supports our argument that when individuals are detained at the border, authorities can only do two things: deport them or grant parole,” explained Novo. García was not deported; instead, he received an I-220A form—a document for supervised release—and later applied for political asylum. Within three years, he managed to adjust his immigration status by arguing that, since he hadn't been deported, he should be considered as paroled, as outlined in the Q Le case.

The Controversial I-220A Form

The I-220A form allows certain immigrants to stay in the U.S. under ICE supervision while their legal status is resolved. Unlike parole, the I-220A does not count as formal admission to the country nor does it automatically grant immigration benefits. This distinction has left thousands of Cubans in legal limbo, unable to benefit from the Cuban Adjustment Act despite living in the U.S. for over a year.

However, attorney Novo notes that the judge's decision to grant residency to García under this interpretation signals that the judiciary might begin to recognize I-220A as a de facto form of parole.

Potential Shift in Migration Policy

Renowned immigration attorney Willy Allen believes the landscape could change significantly in the coming months. He expressed optimism that if judges issue favorable rulings on I-220A cases by December 2025, a firm decision could be reached by January 2026. “If this judicial ruling concludes that Cubans with an I-220A were paroled, then they could apply for residency the next day,” Allen explained, noting that even if the administration appeals, the process could still begin.

Allen and his son, Willy Allen III, also an attorney, emphasize the inconsistency of families crossing the border together but receiving different immigration documents: some with parole, others with I-220A. Until a definitive ruling is made, many Cubans remain at risk of arrest or deportation, as illustrated by the case of Fernando Fuertes Muñoz, detained by ICE in August despite having closed his judicial case.

An Uncertain Future

The Department of Homeland Security still has the option to appeal the judge's decision in García’s case, potentially taking the matter to the Board of Immigration Appeals. If that occurs, the final outcome could take months. “The only way he could lose his residency is if the case is appealed and the appeals board, in an absurd decision, finds that the judge was wrong,” explained Jesús Novo.

Meanwhile, Jorge Lázaro García is experiencing the peace of having legal status for the first time in years. “This step marks the beginning of a new life in the United States,” he declared. His story, like those of Elaine and many other Cubans still waiting in uncertainty, might herald a shift in how the I-220A is interpreted and applied within the U.S. immigration system.