Cubans who entered the United States through the CBP One program and currently have active cases in Immigration Courts are facing a legal dilemma: the asylum applications they filed independently for protection might become a significant hurdle rather than a help. John Dutton, an attorney at John Dutton Law PLLC in Houston, Texas, discussed this issue in an interview with Tania Costa for CiberCuba.
Legal Strategy and the Risks of a Frivolous Asylum Claim
"When clients approach us, many have already filed for asylum on their own as a means of protection, which is understandable," explained Dutton. The complication arises when these cases progress to merit or final hearings. At that stage, the firm prefers to withdraw the asylum application before a judge can declare it frivolous.
"Our plan has been to withdraw the asylum because it is not progressing and we do not want it to be deemed frivolous, which could result in losing the right to appeal and other benefits," he stated. A frivolous asylum ruling carries severe consequences: it eliminates the right to appeal and blocks access to future immigration benefits.
Shifting Focus to Parole and Cuban Adjustment Act
Instead of pursuing the asylum route, the firm's strategy shifts towards leveraging parole arguments and the client's eligibility for status adjustment under the Cuban Adjustment Act with USCIS. "We basically withdraw those asylum claims to prevent them from being deemed frivolous and focus on parole arguments and alternative immigration relief through the Cuban Adjustment," summarized Dutton.
"In Houston, individual hearings for Cubans with CBP-1 are already taking place, and while we manage to close some cases in agreement with DHS, it's rare since they seldom respond," he added.
Profile Patterns and Waiting Times
Dutton also noted a pattern based on the applicant's profile. "I've particularly observed a trend with families or children; in those cases, some judges tend to close the courts. However, for young individuals or those alone, closure is less likely during individual hearings."
Regarding the waiting times for status adjustment interviews with USCIS, Dutton explained that following a pause affecting several nationalities—including Cubans—that was lifted by a court ruling in June 2026, appointments have resumed, albeit with delays. "With the pause in appointments for those under these nationality restrictions, there was a delay. Now they've resumed, and recently I've seen it take between 6 to 8 months," he noted.
An estimated 348,000 to 355,000 Cuban cases are pending under the Adjustment Act with USCIS, highlighting the extent of the backlog.
Increased Scrutiny in Status Adjustment Interviews
The firm's greatest concern, however, extends beyond wait times. Team member Johan de Rojas warned about the increasing scrutiny in status adjustment interviews. "What's concerning and frightening is the current scrutiny over these adjustment applications," he remarked, referring to the government's directive to meticulously review each application and not allow corrections or additions. If anything is missing or incorrect, the case is dismissed.
De Rojas predicted that interviews will increasingly scrutinize each detail, which is a warning sign for the thousands of Cubans awaiting their turn.
Cuban cases with CBP One in Immigration Courts are continuously evolving. Stay updated on the latest developments in visas, asylum, and immigration processes in our U.S. Immigration section.
Understanding Asylum Challenges for Cubans with CBP-1
What are the risks of having an asylum application declared frivolous?
A frivolous asylum ruling can result in losing the right to appeal and block access to future immigration benefits.
How long are Cubans waiting for status adjustment interviews with USCIS?
After the pause was lifted, the wait times for status adjustment interviews are currently between 6 to 8 months.
What is the firm's strategy for Cuban clients in Immigration Court?
The firm focuses on withdrawing asylum claims to avoid a frivolous ruling and instead emphasizes parole arguments and eligibility for immigration relief through the Cuban Adjustment Act.