Hope for Cuban Nationals: Federal Court Could Unlock Residency for I-220A Holders

On Friday, a glimmer of hope emerged for the Cuban community holding the I-220A immigration document after oral arguments were presented in the 11th Circuit Court of Appeals. This crucial step in an ongoing legal battle could potentially shape the immigration future of thousands residing in the United States.

According to Univision journalist Javier Díaz, immigration attorney Mark Prada submitted an appeal during the hearing, arguing that numerous Cubans were improperly processed and should have been granted parole instead of being issued an I-220A, which has left them in a "migratory limbo."

Although the court has yet to release its decision, attorney José Guerrero, who attended the hearing, described the presentation as "masterful," noting that "the government was left without arguments." Consequently, the outcome could be very promising for those stuck in this uncertain immigration status.

The judges challenged the government on its stance during the hearing, and according to the attorney's interpretation, the government broadly acknowledged for the first time that there were issues in how these cases were processed. However, they maintained that parole was not granted, which would prevent it from being counted under the law.

Prada indicated that there will be no further hearings; the three judges will deliberate and eventually issue a decision with their reasoning, a process that could take weeks, months, or even longer, without a set timeline.

The case was initiated by two Cuban women, including one named Labrada Hechavarría, who were denied permanent residency based on a prior decision — Cabrera Fernández (2023) — which determined that the I-220A document does not equate to parole, thus not qualifying for the Cuban Adjustment Act.

The defense argues that this interpretation is flawed and that during the Biden administration, many Cubans who entered through the southern border were incorrectly classified by ICE, leaving them in a legal limbo.

The aim is for the court to recognize that I-220A holders have a status akin to parole, thereby making them eligible for the Cuban Adjustment Act.

A favorable ruling for the plaintiffs could set a precedent impacting tens of thousands of Cubans who crossed the southern border between 2021 and 2023 and received an I-220A instead of parole.

While the verdict may still be weeks or months away, the hearing has generated anticipation among Cubans and attorneys in Miami.

The Cuban Adjustment Act, in effect since 1966, allows individuals to apply for permanent residency after one year and one day of physical presence in the United States, provided they have been admitted or granted parole. However, I-220A holders have been excluded due to restrictive interpretations, and the forthcoming decision could "pave the way to residency" for thousands of Cubans.