Immigration judges in cities like Orlando, New Orleans, and San Antonio have granted permanent residency to Cuban nationals holding the I-220A form. However, these legal victories have not translated into Green Cards for the individuals. The U.S. federal government has swiftly appealed each decision, effectively putting them on indefinite hold.
Immigration attorney Willy Allen recently provided insight into the current state of these cases, describing the situation with a striking term: "The I-220A is something schizophrenic. Yes, there are judges who have granted it."
Allen highlighted a glaring contradiction. "There have been a couple of judges who have granted residency to those with I-220A. But as soon as the residency is granted, the government appeals. So, these are not residencies given. The judge may have granted them, but they haven't been issued to the individuals because of the government's appeal."
Role of the Board of Immigration Appeals
The core issue now lies with the Board of Immigration Appeals (BIA), which is responsible for resolving these government appeals. Unfortunately, the BIA has no legal deadline to make a decision.
"The Board of Immigration Appeals can drag its feet indefinitely, and I have no idea when they will decide. There's no federal court to push the BIA to make a decision after six months because I have cases pending at the BIA for two years," Allen warned.
Dual Nature of Legal Outcomes
Allen's own practice reflects this duality. He reports having secured about 11 residencies in court, including three for detained individuals, but all were based on his clients' prior parole status, not directly tied to the I-220A. "The I-220A has not been approved in court for us so far, and no extensions have been granted," he clarified.
This uncertain scenario directly impacts cases like that of Tania Romero Naranjo, a 24-year-old Cuban woman detained by ICE on June 26 during a routine supervision appointment in Portland, Texas, leaving her three-year-old U.S. citizen son in the care of his father.
Allen mentioned that there are legal tools such as habeas corpus and bond requests, though he admitted not knowing all the specifics of Romero Naranjo's case. His firm has won 47 out of 50 habeas corpus cases filed, although the longest process took 16 months and required two filings due to jurisdiction changes.
Ongoing Legal Struggles
Despite the challenges, Allen remained determined: "It's sad but there’s a fight to be had, although deportation is also a possibility."
The legal battle surrounding the I-220A has been accumulating contradictory precedents for several months. In August 2025, a judge in New Orleans was the first to interpret the I-220A as valid parole and granted residency to a Cuban national.
By May 2026, attorney Liudmila Marcelo achieved a similar outcome before a judge in Orlando. Each time, the government immediately filed an appeal.
It is estimated that between 400,000 and 500,000 Cubans are dealing with I-220A status in the U.S., awaiting a definitive resolution from either the BIA or a federal court concerning their immigration status.
"There are judges who are favorable, but it's a constant battle," Allen concluded.
Understanding the I-220A Legal Process
What is the I-220A form?
The I-220A is a form used in immigration proceedings, often associated with individuals seeking parole or awaiting a decision on their residency status in the United States.
Why does the U.S. government appeal I-220A residency grants?
The U.S. government appeals these decisions to maintain control over immigration processes and ensure that legal interpretations align with federal policies.