Immigration attorney Willy Allen has expressed optimism that cases involving form I-220A will ultimately be resolved favorably for those involved, although he acknowledged that the process might take longer than he would prefer.
“I believe that federal courts dislike the inconsistencies that have existed with the I-220A, which is why I’m confident that, eventually—though it may take longer than I’d like—these cases will be resolved in favor of everyone holding them,” Allen shared during his weekly Q&A session on CiberCuba, hosted by Tania Costa.
Allen's confidence is rooted in the legal proceedings surrounding the issue. The class-action lawsuit, Bello-Rubio v. Noem, filed by a thousand Cubans before federal judge Jacqueline Becerra in the Southern District of Florida, remains active despite two government attempts to dismiss it.
This litigation aims to have the I-220A recognized as parole, a crucial step for applying for residency under the Cuban Adjustment Act. Judge Becerra rejected the government's initial attempt to dismiss the lawsuit in September, and a new motion filed by the administration in October was promptly countered by the plaintiffs.
Allen also addressed specific queries from the audience. To Randy Pérez, who has been waiting a year and four months for his work permit and residency after entering through a humanitarian parole facilitated by his brother, Allen advised patience. “Wait a bit longer. I wouldn’t file a Mandamus since it hasn’t been two years yet. You might get interviewed for your residency because many people, especially those who entered via humanitarian parole, are being interviewed, and you won't face any issues since your parole was facilitated by your brother.”
Regarding Judge Vivian Reader in Memphis, Tennessee, mentioned by another listener, Allen remarked that he was unfamiliar with her as she’s new but added, “Generally, there are good judges in Memphis.”
The attorney reiterated his view on where the true legal protection for immigrants lies. “Our protection doesn’t come from political elections or cheap politicians like those we have. Our protection is in the federal courts.”
This belief gains significance in light of a recent federal judge’s order prohibiting ICE from detaining individuals based on their Latino appearance, applicable to seven counties in Southern California, which Allen cited as an example of the courts’ role as a shield against immigration abuses.
The program aired during a personally challenging time for Allen: he was scheduled for surgery the following day, and his decades-long partner, attorney Luis Fernández, had passed away the day before. Despite these hardships, Allen maintained his usual warm demeanor with the audience, concluding with a phrase that encapsulates his current outlook: “As my brother often tells me, we’re in overtime.”
The I-220A is just one of many immigration issues affecting Cubans in the United States. Stay updated with all developments in our Immigration in the U.S. section.
Understanding the I-220A Immigration Process
What is the main goal of the Bello-Rubio v. Noem lawsuit?
The lawsuit seeks to have the I-220A recognized as parole, which is essential for applying for residency under the Cuban Adjustment Act.
Why does Willy Allen believe the I-220A cases will end favorably?
Allen believes that federal courts are opposed to the inconsistencies associated with the I-220A, leading him to expect a favorable resolution for those with the form.
How has the federal court responded to attempts to dismiss the lawsuit?
Federal Judge Jacqueline Becerra has rejected the government's attempts to dismiss the lawsuit, allowing the case to remain active.
What advice does Allen give to those waiting for work permits and residency?
Allen suggests patience and cautions against filing a Mandamus if it has not been two years since the application was submitted.