In a conversation with CiberCuba, immigration attorney Willy Allen III shared that legal advocates are achieving progressive victories for Cuban holders of the I-220A form who are seeking permanent residency in the United States. These successes are gradually undermining the federal government's stance.
"Battle after battle, we're making headway," Allen stated, emphasizing that each favorable court ruling introduces new inconsistencies in the government's position. "We'll keep fighting until there's nothing left to fight for," he added.
Allen highlighted a recent triumph by attorney Liudmila Marcelo, who secured residency for a Cuban client with an I-220A in Orlando's Immigration Court last Tuesday. Marcelo's legal strategy was bolstered by a federal admission in the lawsuit brought by Mark Prada before the 11th Circuit Court of Appeals, where the government acknowledged that releasing individuals with an I-220A instead of granting formal parole under section 212(d)(5) was a mistake, equating to legal entry admission.
Moreover, Allen pointed to a recent circuit court decision on the right to bond for individuals who entered without inspection as another contradiction that further weakens the government's case. "It's another inconsistency created by the circuit's announcement, poking more holes in the government's arguments," Allen explained. The central argument for the I-220A is that its holders were indeed inspected and admitted, contrary to those who entered without inspection.
Allen predicted that the government would appeal the Orlando decision but remained unfazed, stating, "Let them appeal. That's fine."
He also disclosed that a judge in East Montana, El Paso, Texas, is granting residencies based on the I-220A argument, although he refrained from naming the judge to protect their identity. "Like Luzmila, I won’t disclose judges who are on our side," he stated, mirroring Marcelo's cautious approach to safeguarding supportive judges.
"One judge, two judges, three judges on our side, granting residencies based on the I-220A argument," Allen projected with optimism.
This strategic approach has gained momentum since February, when a judge in Arizona granted residency to Dayan Hernández-Medina, the first Cuban with I-220A to receive it while in ICE custody. Similarly, in August 2025, a judge in New Orleans deemed the I-220A as valid parole.
However, attorneys caution that outcomes are not guaranteed. Marcelo emphasized that each immigration case is unique, and presenting a case before the wrong judge could mean losing the $2,980 processing fee without success.
The I-220A form affects over 300,000 Cubans who received it following irregular entries, primarily by sea or border, processed without formal parole, and historically excluded from the Cuban Adjustment Act of 1966.
Allen, who frequently submits brief arguments in favor of the I-220A, concluded with a vow to continue fighting for immigration changes "until there's nothing left to fight for."
Key Insights on I-220A Residency Cases
What is the I-220A form?
The I-220A form is issued to certain Cuban nationals who entered the United States irregularly. It affects over 300,000 individuals and has historically excluded them from the Cuban Adjustment Act of 1966.
Why are attorneys winning cases for I-220A holders?
Attorneys are winning cases by highlighting inconsistencies in the government's stance and leveraging admissions of legal errors, such as the improper use of I-220A instead of formal parole.
Can all I-220A holders expect to receive residency?
Not necessarily. Each immigration case is unique, and outcomes depend on various factors, including the judge presiding over the case. There is no automatic guarantee of residency.