Cuban Woman Achieves US Residency in Record Time After Immigration Error

A Cuban woman who was mistakenly released in the United States with an I-220A form has successfully obtained permanent residency after an ICE (Immigration and Customs Enforcement) supervisor acknowledged the error and granted her parole before she could be detained.

After applying for residency with USCIS, she was placed in immigration court proceedings. During her initial hearing, the judge allowed her a month to submit all necessary documents before the final hearing, where she ultimately secured residency, as explained by immigration attorney Liudmila Marcelo in her weekly program alongside journalist Tania Costa.

Marcelo revealed that her client entered the United States through the border and underwent a credible fear interview. Initially, she did not pass with ICE officers but succeeded in obtaining credible fear status upon judicial review. Despite this, she was released with an I-220A instead of the formal parole required by law in such situations.

Without legal representation, the woman attended an ICE appointment in Miramar, Florida, where she was detained and spent nearly the entire day—from early morning until late afternoon—on the verge of being transferred to a detention center.

At the last moment, just before she was to be put on the bus, a supervisor approached her, saying, "We are very sorry. We made a mistake with you. Here is your parole."

Marcelo described this as an extraordinary moment. "It's one of those miracles you hope for but rarely happen, and it happened to her."

With the parole in hand, the client went to Liudmila Marcelo's office. The judge assigned to her case scheduled the hearing for a little over a month later, in April, noting that she needed to pay $2,980 and inquired specifically if the client wished to apply with her.

Marcelo was unequivocal: "She wants to apply with the Court because she knew she would have the residency decision in a month. USCIS has paused all status adjustments for Cubans, so even with parole, it wouldn't be as fast as with the Court."

"We remained strong, filed her application, did everything required, and when we went on Monday, the judge granted her residency," recounted the attorney. The client met all the criteria outlined in the Cuban Adjustment Act.

This marks the second instance in consecutive weeks where attorney Liudmila Marcelo successfully secured residency for an I-220A holder. On May 6, she achieved a similar victory in the Orlando Immigration Court.

Marcelo used this case to highlight a crucial point in interviews: questions concerning political affiliations in Cuba. Prosecutors and judges are placing particular emphasis on membership in the CDR, the Communist Party, and other organizations. In this case, the judge even asked if the client had been a pioneer.

Regarding the CDR, Marcelo was clear: "It's mandatory to register in a CDR address book when you're 14, without your consent or even your parents'. That doesn't mean you belong." According to the attorney, "Belonging means participating in CDR activities, repudiation acts, political acts, or being part of the leadership."

The correct response, she explained, is: "Yes, I was on the CDR list, but I was not an active member of the CDR."

The client was a doctor in Cuba without being a party member, which also raised questions. Marcelo clarified that while the party facilitates university access, it doesn't prevent it; however, those not politically integrated receive less favorable job placements upon graduation.

At the end of the program, Marcelo confirmed she has five I-485 interviews scheduled with USCIS: one on May 18 for a client with an I-220A and another on June 2 for a family of four, suggesting that the immigration pause hasn't resumed for her cases. "If they cancel them, the pause continues; if we attend the appointments," she concluded.