Cubana Risks It All to Return to Cuba for Her Mother's Sake: "I'd Do It a Thousand Times More"

A Cuban woman based in Cape Coral, Florida, who has been issued an I-220A form, made the difficult decision to return to Cuba to care for her mother amid a medical crisis, despite the potential repercussions for her immigration status in the United States.

Identified on TikTok as @zoerodriguez0439, the woman shared a video this Tuesday explaining to her followers the reasons behind her decision, which has sparked concern among those who know her.

The Emotional Decision Behind Her Return

"The reason was my mother. She had been experiencing severe pain for several days, was rushed to the hospital, and after evaluation, the surgeon discovered a small tumor in her colon. They had to perform a colostomy," she recounted in the video.

She further explained that her mother required surgery due to the tumor and has since needed assistance during her recovery. The Cuban woman took on the role of nurse, cook, and caregiver while in Cuba.

Immigration Challenges and Family Obligations

Although she currently lacks permanent residency in the United States, she anticipates a petition filed by her husband will eventually help regularize her immigration status.

"I moved to the United States without having residency. Until my husband's petition is approved, I can't return to the U.S. But for my mother, I'd do it a thousand times more," she declared.

The Legal Implications of Leaving the U.S.

Her case underscores the complex dilemmas faced by many immigrants with an I-220A form. This document does not equate to a parole, does not grant permanent residency, and does not guarantee the right to re-enter the U.S. after departure.

Departing the United States while in the midst of immigration proceedings can result in significant legal consequences, depending on individual circumstances. Factors such as accumulated unlawful presence, pending asylum claims, or existing deportation orders can lead to re-entry bans of several years.

Immigration attorney Willy Allen has publicly cautioned Cubans with I-220A forms to avoid voluntary departures without first consulting legal counsel. He emphasizes that each situation should be carefully assessed to avoid jeopardizing future immigration opportunities.

Ongoing Legal Battles for Cubans with I-220A

This case is not unique. Earlier this year, another Cuban mother, identified as Débora, returned to the island after receiving an ICE summons that caused her anxiety. Others have made similar choices for family reasons or out of fear of detention.

The legal status of Cubans with I-220A remains a contentious issue in the U.S. courts. On September 10, federal judge Jacqueline Becerra denied the government's motion to dismiss the lawsuit Bello-Rubio v. Noem, filed by 992 Cubans holding I-220A forms.

The plaintiffs seek legal recognition of the circumstances under which they were released by immigration authorities as a parole, potentially paving the way for permanent residency under the Cuban Adjustment Act. However, the government contends that the I-220A does not constitute a parole, which must be granted on an individual basis.

The judicial proceedings are ongoing, and no decision has yet been reached to automatically convert the I-220A into a parole or assure permanent residency for its holders. Lawyers for the 992 plaintiffs submitted an amended version of the lawsuit on September 18, as the court continues to deliberate on the case's progression.