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Amid growing concern among Cuban migrants in the United States, an immigration lawyer clarified that those holding the I-220A form are not at risk of deportation if they have open cases with immigration authorities
“Cubans with I-220A are not in any kind of danger,” assured Mayron Gallardo in an interview with the independent outlet CubaNet, emphasizing that those who have filed asylum applications with the Immigration Court or the U.S. Citizenship and Immigration Services (USCIS) are protected by current legislation.
However, the situation is different for holders of Form I-220B, which represents a supervision order with the possibility of immediate deportation. In these cases, the Immigration and Customs Enforcement (ICE) can carry out deportation at any time.
Detentions in Border Areas and Recommendations
Gallardo also addressed the issue of arrests in areas near the southern border of the U.S., citing the case of a Venezuelan who was arrested in Arizona for not carrying documentation proving his immigration status.
“If the Border Patrol arrests someone in a town near the border and they don’t have documents, they will assume that the person is undocumented in the country,” he explained.
In these areas, there are stricter controls and a greater presence of immigration agents. Therefore, he advised migrants in the asylum process to carry copies of their application receipts, whether submitted to USCIS or the Immigration Court.
Deportation to the Guantanamo Naval Base has been ruled out
Similarly, the lawyer denied that Cubans without a criminal record could be sent to the Guantanamo Naval Base, one of the biggest concerns in the migrant community.
In that regard, he asserted that this detention center is only used for individuals with serious criminal records or alleged connections to criminal groups such as the Tren de Aragua or drug cartels.
Parole and the Cuban Adjustment Act
For those Cubans who entered the U.S. under the humanitarian parole program, Gallardo reminded that they must wait one year and one day to apply for residency under the Cuban Adjustment Act. Although it is not mandatory, he recommended applying for asylum if they have a strong legal basis.
Concern among Cuban immigrants over the increasing pressure from the Trump administration
In recent months, immigration uncertainty has increased for thousands of Cubans in the United States.
In November 2024, the lawyer Wilfredo Allen warned Cubans with I-220A about the importance of regularizing their status to avoid legal issues.
Additionally, with the new immigration policies implemented in early 2025, the fear of mass deportations of Cubans has increased, especially for those with ongoing processes.
It is estimated that around 42,000 Cubans have a deportation order in the U.S., and they have not been expelled due to the Cuban regime's refusal to accept them.
On the other hand, many migrants with parole have received conflicting information regarding their adjustment options, leading to confusion and anxiety among applicants.
Tips for Different Immigration Situations
- Cubans with pending residence: They are not at risk of deportation. They should stay alert for notices from USCIS and the call for fingerprinting.
- Cubans with a tourist visa: They can wait up to one year and one day in the U.S. to apply for the Cuban Adjustment Act or initiate an asylum process if they have legal grounds.
- Individuals in the appeal process: While the appeal is underway, they cannot be deported, although the process may take several years.
Gallardo emphasized the importance of staying informed and acting with caution. "If you have an open asylum process, they cannot deport you. All Cubans in that situation should remain calm and wait," he reiterated.
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