Immigration attorney Liudmila Marcelo addressed a pressing concern among Cubans in the United States: despite the rumors circulating on social media, the Cuban Adjustment Act is not going to vanish overnight. Marcelo emphasized that these fears are unfounded in the near future.
In an interview with Tania Costa, Marcelo directly tackled comparisons with the Venezuelan amnesty law change, which excluded Venezuelans under Temporary Protected Status in the U.S.
"The Cuban Adjustment Act has a much stronger foundation. A transformation in Cuba won't happen at the drop of a hat," Marcelo asserted.
What Would It Take to End the Cuban Adjustment Act?
For the Act to cease, a profound shift in Cuba would need to occur: a new government, a new constitution, and democratic elections. This would then require a legal process to demonstrate that such changes are substantial enough to nullify the original purpose of the law.
"It requires analysis and gatherings of capable individuals to make this happen, and that's not an overnight process," Marcelo highlighted.
She acknowledged the videos on social media warning about the potential repeal of the law, which have stirred anxiety within the community. Yet Marcelo was unequivocal: "I don’t understand why people are assuming the Cuban Adjustment Act will end suddenly."
Practical Advice Amidst Uncertainty
Marcelo offered practical advice to those plagued by uncertainty. "If something is keeping you up at night, do everything possible to alleviate that concern," she advised.
She suggested applying for residency through the U.S. Citizenship and Immigration Services (USCIS), which costs approximately $1,440, if the worry becomes too burdensome. Nonetheless, she candidly described this as potentially "money down the drain" since USCIS lacks jurisdiction to resolve such cases.
Marcelo strongly advised against applying through immigration courts unless the assigned judge accepts cases without parole. In such a scenario, applicants could face fees up to $2,980 and risk losing everything.
"You pay the fee, and later they tell you: I've reviewed your residency, but I won’t proceed because you lack parole. Then, you’re left with nothing—no record of your residency application," she warned.
The Crucial Role of Form I-220A
The most critical issue Marcelo pointed out extends beyond the debate over the law's potential repeal. The real problem is that the Board of Immigration Appeals (BIA) has yet to recognize the I-220A form as parole. Without this recognition, the Cuban Adjustment Act cannot be activated for those who entered through the southern border with that document.
"The key question isn't whether the Cuban Adjustment Act exists; the issue is that if the BIA doesn't affirm the I-220A as parole, it’s meaningless because applications will continue to be denied whether you applied or not," she explained.
This situation affects tens of thousands of Cubans. In January 2026, only 15 residency cards were approved out of over 7,000 pending applications, a stark decline in approvals since the Trump administration halted the CHNV program in February 2025.
Regarding asylum cases, Marcelo noted that they are challenging to win, even with Cuba's current conditions. "Some judges demand I present a client's body to prove past persecution, regardless of any past assaults or detentions," she remarked. The rising detentions of Cuban migrants by ICE illustrate the difficult climate they face.
For those holding the I-220A form and hoping to benefit from the Cuban Adjustment Act, Marcelo was clear: if Cuba undergoes a government change but the BIA still doesn't recognize that document as parole, applying beforehand would be futile.
The hopes of many Cubans in a federal court ultimately hinge on that pending BIA decision.
Understanding the Cuban Adjustment Act and Its Implications
What is the Cuban Adjustment Act?
The Cuban Adjustment Act is a U.S. law that allows Cuban nationals to apply for permanent residency after one year and one day of living in the United States.
Why is there concern about the law's repeal?
Concerns arise from social media rumors and comparisons to the Venezuelan amnesty law modification, which excluded certain protections.
What would need to happen for the Act to be repealed?
A significant political transformation in Cuba, including a new government and democratic elections, would be necessary, followed by legal proceedings to justify repealing the law.
How does the I-220A form affect Cuban Adjustment Act applications?
Without the BIA recognizing the I-220A form as parole, the Cuban Adjustment Act cannot be applied to those who entered the U.S. using that document.