Amid the uncertainty faced by thousands of Cubans holding the I-220A form, many are questioning whether they can voluntarily leave the United States and relocate to another country, such as Canada, without awaiting a formal deportation order or a final decision on their immigration case. Univision journalist Daniel Benítez, who specializes in immigration issues, addressed this concern on his YouTube channel, providing answers to a Cuban migrant's inquiry.
Benítez clarified that while it is technically possible for a Cuban with an I-220A to self-deport to a third country, this voluntary act is contingent upon several legal and practical considerations.
Acceptance by the Destination Country is Key
The main factor in this scenario is whether the receiving country is willing to accept the migrant. While a person with I-220A can leave the United States, this does not obligate another country to admit them. For example, entering Canada legally would require a valid visa, permanent residency, or Canadian citizenship. Without these documents, entry is not legally permissible, and Canadian border authorities are likely to deny access.
This principle applies to any country except Cuba, which is mandated by international law to accept its citizens. Therefore, the only assured exit for a migrant with I-220A without visas to other countries is deportation—voluntary or forced—back to Cuba.
Risks of Leaving the U.S. Without Concluding Immigration Proceedings
Benítez highlights the sensitive issue of migrants with I-220A who are seeking asylum and have pending court dates with an immigration judge. Leaving the country without resolving these legal proceedings can lead to severe repercussions. If a migrant exits the U.S. without appearing in court or formally requesting case closure, they might be issued an in absentia deportation order. This not only negatively impacts their U.S. immigration record but also complicates or obstructs their chances of obtaining future visas or entry to other countries, including Canada.
Although the U.S. might facilitate a migrant's voluntary departure, this does not ensure their case is "clean" or without consequences. Often, such a departure is seen as case abandonment, carrying significant legal repercussions.
When Canada Isn't a Viable Option
For those unable to legally enter Canada or another third country, options become severely limited. Without valid migration pathways, returning to Cuba remains the most likely outcome, as Cuba is legally obliged to accept its nationals, even if they return as deportees or "self-deportees."
This prospect is particularly distressing for many Cuban migrants who fled due to political repression or dire economic conditions and fear repercussions if they return. In these cases, self-deportation is neither a safe nor a desirable solution.
The Myth of Easy Migration to Canada
The increasing trend of Latin Americans, including Cubans, migrating to Canada is surrounded by myths of supposed migration ease. However, as Benítez explains, Canada enforces some of the strictest immigration laws in the Western Hemisphere. Moreover, the "safe third country" agreement between Canada and the U.S. allows both nations to return asylum seekers to the first safe country they entered. This means a Cuban migrant attempting to seek asylum in Canada after being in the U.S. may be sent back to the U.S., even if they have already left voluntarily.
This agreement is rigorously applied at official entry points, prompting many migrants to attempt crossing through unauthorized locations, risking legal, personal, and environmental hazards.
Recommendations Before Considering Self-Deportation
In light of this complex reality, the primary recommendation is to consult with a specialized immigration attorney before making any decisions. Every immigration case has unique nuances, distinct backgrounds, and specific legal possibilities. Here are some crucial steps before contemplating self-deportation:
- Close any pending legal proceedings: If you have a court date with an immigration judge, do not ignore it. Discuss with a lawyer how to proceed.
- Explore options for regularization or relief: Legal pathways might be available that are worth exploring before giving up your presence in the U.S.
- Inquire about voluntary departures or humanitarian programs: Some controlled exits could be less detrimental than an in absentia deportation.
- Avoid hasty decisions based on misinformation: Social media and rumors often distort legal realities. Get informed only from reliable sources.
Ultimately, the best tool a migrant in this situation can have is accurate legal information and proper professional advice. Making decisions based on ignorance or desperation can close doors that might otherwise remain open.
Key Considerations for Cubans with I-220A
Can a Cuban with I-220A legally enter Canada?
To legally enter Canada, a Cuban with I-220A would need a valid visa, permanent residency, or Canadian citizenship. Without these, legal entry is not possible.
What are the risks of leaving the U.S. without finalizing immigration cases?
Leaving the U.S. without concluding immigration cases can result in an in absentia deportation order, affecting future visa eligibility and complicating entry to other countries.
What is the 'safe third country' agreement between Canada and the U.S.?
The 'safe third country' agreement allows Canada and the U.S. to return asylum seekers to the first safe country they entered, impacting those attempting to switch asylum claims between the two countries.