On Wednesday, immigration attorney Liudmila Marcelo offered an in-depth explanation regarding the immigration status of individuals entering the United States through CBP One. She also clarified the repercussions of failing to register with the Selective Service when applying for U.S. citizenship.
Marcelo explained that those labeled as CBP One are individuals who entered the country through a border crossing, utilizing a government application that facilitated scheduling an appointment at the southern border to request entry authorization and subsequent immigration relief.
Upon entry through this method, individuals receive an I-94 document, which functions similarly to a parole. This document allows Cuban nationals to qualify for the Cuban Adjustment Act after residing in the U.S. for one year and one day.
Challenges Faced by "Arriving Aliens"
The primary issue, as Marcelo highlighted, is that these individuals are categorized as "arriving aliens," meaning the immigration court lacks jurisdiction over their status adjustment. "The court does not have jurisdiction over the adjustment of status, and that's where the problem lies," Marcelo explained.
This classification forces many to pursue asylum cases in court, even if they lack a legitimate basis for asylum. "Filing a frivolous asylum application poses a problem because it renders you ineligible for status adjustment later," Marcelo warned.
Strategies for Navigating Legal Hurdles
Marcelo recommended delaying the final court decision as much as possible to avoid having to defend an asylum case. In Miami and Orlando, judges often cooperate by closing or prolonging cases, but in Texas, particularly in San Antonio, it's much more challenging to have cases closed, she noted.
Adding to the complexity is the temporary halt in processing residency applications under the Cuban Adjustment Act, which has been in effect since December 2025. Prior to this pause, Cuban CBP One entrants received their status adjustment within three to six months. Currently, these processes are stalled, and residents are not receiving their documentation, Marcelo stated.
Recent Developments: Work Permits Restored
However, there is a recent positive development: a federal judge ruled that the government's suspension of parole and work permits for CBP One entrants was illegal. "These individuals now have their work permits reinstated," Marcelo mentioned, albeit temporarily.
Implications of Selective Service Registration on Citizenship
Addressing a secondary topic, Marcelo explained the consequences for men between 18 and 25 who fail to register with the Selective Service and later seek U.S. citizenship.
Every male residing in the U.S. between the ages of 18 and 26 is required to register, regardless of immigration status. "It doesn't matter what status you hold; you are expected to register," Marcelo emphasized.
While non-registration does not entail active military service—since the U.S. has not had a draft since 1973—it does have direct implications for naturalization.
"If someone applies for citizenship at age 28 and did not register, they face a 'penalty period' for not having registered," Marcelo explained, necessitating a wait until approximately age 33 or 35 to submit their application.
"Your naturalization timeframe will be extended," Marcelo clarified, stressing that this results in about a five-year delay rather than a permanent ban.
Understanding CBP One and Selective Service Registration
What is CBP One?
CBP One is a government application that allows individuals to schedule appointments at the U.S. southern border to request entry authorization and immigration relief.
What are the consequences of not registering with the Selective Service?
Failing to register with the Selective Service can result in a delay of about five years in the naturalization process, although it does not lead to active military service.
How does the Cuban Adjustment Act benefit CBP One entrants?
The Cuban Adjustment Act allows Cuban nationals with an I-94 document to adjust their immigration status to permanent residency after residing in the U.S. for one year and one day.