Thousands of Cubans holding the I-220A form remain entangled in a migration limbo with no resolution in sight, leaving many to repeatedly ask the same question: When will this distress finally end?
During a recent segment on CiberCuba, immigration attorney Willy Allen III was confronted with a pressing inquiry: "How much longer do you believe this I-220A situation could drag on? Do you think this anguish will eventually cease?" a viewer asked.
Allen III's response was candid, though it lacked the reassurance of a specific timeline: "I believe we will win the fight, but it's impossible to determine how much longer it might take. I understand the frustration."
Host Tania Costa seized the moment to remind the lawyer of a prior prediction he had made. "You mentioned March (of 2027). You made a bet, have you forgotten? You went on vacation and forgot that you said March, March-April of the next year," she humorously pointed out.
Allen III acknowledged it straightforwardly: "Well, I spoke of my 'guess' because the old man (Willy Allen, his father) and attorney Liudmila Marcelo also made their 'guesses.' So, what can I do? Say no, as always?"
To highlight the severity of the situation faced by I-220A Cubans, the attorney admitted, "It's very sad."
Another viewer, Yasmany Castro, posed a hypothetical scenario about the key hearing in the case. "Looking on the bright side and assuming everything goes perfectly, will we then be considered parolees? I know I'm being repetitive but it's not entirely clear to me," he wrote.
Allen explained the limitations of what a favorable decision could achieve: "Imagine the judge says yes, that the I-220A is a parole. What happens? Well, in the eleventh circuit, the world changes. Until the government appeals and another circuit decides otherwise."
Legal Hurdles in the I-220A Case
The hearing referred to by the viewers involves the Bello-Rubio v. Noem case, filed by 992 Cubans with I-220A before the Federal Court in the Southern District of Florida. Initially scheduled for August 26, it was postponed twice before taking place on September 10.
On September 10, Judge Jacqueline Becerra denied the federal government's motion to dismiss the lawsuit, allowing the case to proceed. She granted each party seven days to argue over potential certification as a class-action lawsuit, with another hearing slated for late September.
The legal crux of the case is whether the I-220A form—a supervised release order issued by ICE—can be considered equivalent to parole, a necessary condition to qualify under the Cuban Adjustment Act of 1966. The Board of Immigration Appeals had previously ruled that it does not equate to parole, obstructing this path for thousands.
Advocates of the case estimate that a favorable decision could benefit between 500,000 and 600,000 Cubans in similar situations, although this figure has not been officially confirmed by the Court.
As the legal proceedings continue, Allen III consistently advises those affected: never accept voluntary departure or give up, and wait for the courts to decide.
The situation surrounding the I-220A and other issues affecting Cubans in the United States remains in a state of flux. Stay informed with the most up-to-date coverage in our U.S. Immigration section.
Understanding the I-220A Immigration Challenges
What is the I-220A form?
The I-220A form is a supervised release order issued by ICE, used for individuals in immigration proceedings. It does not inherently grant parole status, which is a point of legal contention.
Why is the I-220A case significant for Cuban migrants?
The I-220A case is crucial because a favorable ruling could allow thousands of Cuban migrants to qualify for the Cuban Adjustment Act, potentially changing their immigration status to parolees.
What is the Cuban Adjustment Act of 1966?
The Cuban Adjustment Act of 1966 is a U.S. law that allows Cuban nationals to apply for permanent residency after being present in the United States for at least one year, provided they meet certain conditions, including having parole status.