The end of the humanitarian parole program has created a sea of uncertainty among Cubans who entered the U.S. legally under this provision and have not yet completed the required year and one day to apply for the Cuban Adjustment Act.
Many of them wonder if they will lose the immigration status that would allow them to aspire to permanent residency in the country.
To clarify this scenario, the network Univision consulted with immigration attorney Rosaly Chaviano, who explained the possible options left for these migrants and the real impact of the new measures adopted by the current administration.
End of parole and exit notifications
With the revocation of humanitarian parole, the U.S. administration has started sending notifications to thousands of people who entered the country legally but have not yet initiated any formal immigration process.
Many of these individuals received a clear warning: They must leave the United States voluntarily within 30 days if they wish to avoid remaining undocumented and eventually facing a deportation process.
What happens to Cubans who do not yet qualify for the Adjustment Law?
Cuban nationals who entered with humanitarian parole and have not yet reached the required year and a day of stay under the Cuban Adjustment Act find themselves in a particularly uncertain situation.
However, lawyer Rosaly Chaviano provided an encouraging perspective for this group.
“Parole is a temporary authorization granted by the government to enter the United States. In the specific case of Cubans, the fact that they now want to revoke this parole on April 24, does not make them ineligible for residency. This means that if it is revoked and the parole is no longer valid, it will still be useful for purposes of residency,” stated Chaviano.
The key, the lawyer explained, lies in having fulfilled the requirement of physical presence in U.S. territory.
“You must have one year of physical presence (in the US), and after having one year of physical presence with this parole, even if it has already expired or been revoked, which is what they want to do, you can use it for your residency purposes, he explained.”
That is to say, even if the parole is revoked, as has been announced, Cubans who obtained it and have remained in the U.S. for at least one year will be able to apply for the Cuban Adjustment Act and request their permanent residency.
And what happens to those who have requested asylum?
In addition to parole, another route used by migrants from various nationalities has been the request for political asylum, an option that is particularly common among Nicaraguans and Venezuelans.
In this area, recent changes have also been recorded, although with differing impacts.
“Recently, what was announced are changes that are essentially a pause, a temporary suspension regarding the residences of individuals who have already obtained asylum and refugees. Those who currently have pending asylum applications will not see any changes for the time being, so there is no need for concern,” Chaviano assured.
The lawyer wanted to make it clear that the measure does not affect those who are still waiting for a response to their applications.
"The fact that this notice is in the federal registry does not mean that they cannot apply for their asylum at this time, so if anyone wants to apply, there is still time to do so," he pointed out.
Asylum winners: Can they work without permission?
Chaviano also clarified a common misconception regarding the employment status of those who have already received favorable asylum.
He stated that these individuals can work without the need for a specific permit, although many request one to obtain official identification.
"It means that they can work indefinitely (in the U.S.). Those individuals do not necessarily have to have residency or a work permit to have that authorization because that is something specific for individuals who were granted that asylum," he explained.
What many are looking for, he added, is the physical document: “Usually, those people want to have an ID, and that ID is this card (the work permit), but not having the card doesn’t mean that this person can’t work, and it’s important for them to understand that difference.”
Increased scrutiny at airports: Warning to those with a criminal record
In another matter related to immigration control, Chaviano warned about the risks of traveling abroad for permanent residents or citizens with a criminal record.
The lawyer explained that, under the current administration, immigration officers are required to thoroughly interrogate those re-entering the country with a criminal record.
"The officer has that option, but I would say that at this moment, the option is almost mandatory due to our current administration, that if these individuals have a criminal record, they must be taken to this small room for further questioning and to determine if they will be detained. So, for those with a criminal record, not to travel (outside of the U.S.) at this time would be the best advice,” he recommended."
Frequently Asked Questions about the Revocation of Humanitarian Parole for Cubans in the U.S.
What does the revocation of humanitarian parole mean for Cubans in the U.S.?
The revocation of humanitarian parole means that the entry permits granted under this program will become invalid as of April 24, 2025. Beneficiaries must have a legal basis to remain in the country or they will face expedited deportation proceedings. This measure affects those who have not initiated any formal immigration processes before that date.
Can Cuban beneficiaries of humanitarian parole apply for the Cuban Adjustment Act?
Yes, Cubans who have completed one year of physical presence in the U.S. may apply for permanent residence under the Cuban Adjustment Act, even if their parole has been revoked. The key is to meet the requirement of remaining in the country for one year and one day.
What options do Cubans have who have not completed a year in the U.S. under humanitarian parole?
Cubans who have not been in the U.S. for a year and have not initiated other immigration procedures, such as an asylum application, should consider filing for asylum if they qualify, as the Cuban Adjustment Act is only applicable after one year of presence in the country. It is also advisable to seek legal counsel to explore other available options.
What should Cubans who received the exit notice from the U.S. do?
Cubans who received the exit notice must act quickly, either by starting a formal migration process if they haven't already, or by planning their voluntary departure from the country to avoid deportation. It is crucial to seek legal advice to understand the options and specific requirements for each case.
Filed under:
