Immigration attorney Liudmila Marcelo addressed a range of pressing questions for the Cuban community in the United States during a live session on CiberCuba this Thursday. She delved into three critical topics: the plight of minors who entered the U.S. alone, the issue of commercial truck drivers’ licenses, and how to navigate residency applications with the U.S. Citizenship and Immigration Services (USCIS).
This informative session coincided with a pivotal federal hearing in Miami concerning the case Bello-Rubio v. Noem. This class-action lawsuit, spearheaded by attorney Mark Prada, involves 992 Cubans holding I-220A documents and seeks to have this document recognized as equivalent to parole, allowing them to benefit from the Cuban Adjustment Act.
Understanding the Situation of Minors with I-220A
During the session, a concerned viewer inquired about her 15-year-old granddaughter with an I-220A, who has been in the U.S. for four years without a court response. Marcelo clarified that the situation varies based on how the minor entered the country.
If the minor entered alongside her parents, her immigration process is tied to theirs, which might explain the delay in her final hearing date. However, if she entered alone, the scenario changes: "If she entered solo, she falls under the category of minors who came unaccompanied, a process that can lead to other avenues before she turns 21," Marcelo explained.
Marcelo also advised acting promptly if the girl's father has any legal status in the U.S. "If her dad has status, I would start the petition process. Even if he is only a resident, it's important to proceed," she advised. The young woman has a window of opportunity to initiate a consular process without needing a waiver before she turns 21.
Truck Drivers' Licenses: What You Need to Know
Another common concern involves commercial licenses for truck drivers. Marcelo clarified a crucial misconception: it's not the regular driver's license that's at risk, but the Commercial Driver’s License (CDL). "They're not taking your regular driver's license, just the special license for driving trucks. You still keep the other one," she informed, addressing a viewer who mentioned a friend losing his CDL due to language barriers during a police stop.
To regain a CDL, affected individuals would need to retake the training course. Marcelo acknowledged this as unfair, especially for those who rely on trucking for their livelihood. She emphasized that most Cuban truckers are experienced and diligent, with traffic signs being nearly universal. However, understanding inspection commands is crucial.
"It's essential to learn English, folks, at least the basics, to defend yourself in such encounters with the police," advised Tania Costa.
This restriction stems from a federal FMCSA rule effective from March 2026, limiting CDLs to individuals with H-2A, H-2B, or E-2 status, effectively excluding I-220A holders.
USCIS Applications: Navigating the Process
Regarding residency applications with USCIS, Marcelo explained that these can be submitted independently or with legal assistance. It's crucial to know the file's location: either at the National Benefit Center or already transferred to a local agency. If sent to the national center, they will forward it to the appropriate office.
Reflecting on the collective case, Marcelo expressed cautious optimism about Thursday's hearing outcome: "At least we didn't move backward, and the battle remains ongoing. The lawyers succeeded in continuing the case and prevented the judge from dismissing it."
This lawsuit could pave the way for residency for hundreds of thousands of Cubans if certified as a class action, extending any favorable ruling to all I-220A holders nationwide, regardless of their state of residence. The next hearing is expected at the end of September.
Questions surrounding the I-220A, visas, and USCIS procedures remain a priority for many Cubans in the U.S. Stay informed with all you need to know in our Immigration section.
Common Questions on I-220A and US Immigration
What is the significance of the I-220A document?
The I-220A document is crucial for many Cubans in the U.S. as it may potentially be recognized as equivalent to parole, allowing them to qualify for the Cuban Adjustment Act.
How can minors with I-220A navigate their immigration status?
Minors with I-220A should consider their entry circumstances. If accompanied by parents, their status is tied to them. If unaccompanied, there are different pathways to explore, especially before turning 21.
What should truck drivers do if their CDL is revoked?
Truck drivers whose CDLs are revoked need to retake the training course. It's important to also learn basic English to handle inspections and interactions with law enforcement effectively.