Immigration attorney Willy Allen has provided an updated forecast regarding when the Board of Immigration Appeals (BIA) might finally deliver its decision for Cubans holding the I-220A form. He suggests that this decision could arrive in October or November of 2026. This timeline differs from the opinion of fellow attorney Liudmila Marcelo, who believes the ruling could be expected between January and February of 2027.
Allen's prediction came during his weekly segment with journalist Tania Costa on CiberCuba, which airs every Monday at 11:00 AM Miami time. During the broadcast, Allen set forth his belief that the ruling would come within this year, stating live, "I think it's going to be in October or November," as the broadcast concluded.
Understanding the Implications of the BIA Decision
Costa promptly clarified the scope of Allen's prediction: "He refers to the resolution for the I-220A arriving in October or November of this year, the BIA's decision." However, Allen cautioned that a decision's arrival does not guarantee a positive outcome. "Because when that decision comes, if it’s negative, it’s not over; we have to keep fighting," the attorney emphasized, indicating that the legal battle could extend beyond that timeframe.
Current Legal Challenges and Developments
The uncertainty surrounding the I-220A holders is intensifying. On February 24, 2026, the Eleventh Circuit Court of Appeals in Atlanta overturned previous BIA decisions in these cases and returned the files for further administrative review, without granting automatic residency or declaring the I-220A equivalent to a formal "parole."
Since this ruling, immigration judges in Orlando, New Orleans, and San Antonio have granted residency to Cubans with I-220A, interpreting the document as parole. However, the federal government has promptly appealed all these victories, leaving them in indefinite suspension until the BIA issues its new resolution.
Impact of Court Scheduling Changes
The BIA does not have a mandatory legal deadline to resolve these appeals, leaving thousands of Cubans in prolonged uncertainty. The situation is further complicated by the mass rescheduling of immigration court hearings: cases originally set for 2028 or 2029 have been moved to this summer. Some attorneys view this as a strategy to deport as many individuals as possible before the BIA potentially recognizes the I-220A as parole.
Allen has revised his predictions before. In August 2025, he anticipated the decision would arrive in January 2026, which passed without a favorable resolution. Now, with the new fall estimate, Allen reiterated his primary advice to those affected: never accept voluntary departure and fight the case within the United States through appeals.
A Case Highlight: Dairon Fuentes Rodríguez
Allen's stance was illustrated in the case of Dairon Fuentes Rodríguez, who has been detained in Texas since December 4. He was detained during a routine ICE appointment. His case is unique because after seven months in detention, he requested voluntary departure to avoid a deportation record and reunite with his family, as his wife had filed an I-130 over two years ago. However, upon arriving in Cuba on a commercial flight, the Cuban authorities refused to admit him and returned him on the same flight, despite his clean criminal record in the U.S. Upon return, he was sent back to a detention center in Texas, where he remains in legal limbo.
"Let's see if we finally get that ruling in October or November," Costa concluded, summarizing the lawyer's hopeful prediction for an audience awaiting a definitive answer.
Key Questions About the I-220A Resolution
What is the significance of the I-220A form for Cubans in the U.S.?
The I-220A form is critical for many Cubans in the U.S. as it could potentially be recognized as equivalent to a parole, affecting their residency status. The resolution of this matter by the BIA is eagerly awaited as it would clarify their legal standing.
Why is there uncertainty surrounding the BIA's decision?
The BIA does not have a set deadline to make a decision, leaving many Cubans waiting indefinitely. Additionally, despite some immigration judges granting residency based on the I-220A, these decisions are currently under appeal by the federal government.