Florida immigration attorney, Willy Allen, sent a message of hope this Monday to Cubans who entered the United States with an I-220A document because residency approvals continue to come in, but patience is necessary, he said.

"Patience is necessary; residences are still being issued to individuals with I-220A," he replied to CiberCuba's question about the options available to these immigrants for regularizing their status in the United States.

According to Allen, the I-220A forms with the first box have always been able to be legalized since 2021. In his view, although the process has been slow, they are being legalized. Then, there are the I-220A forms with the second box. In this group, he claims that his team has won dozens of asylum cases for those Cubans.

"We have been able to legalize them through asylum. Also, in the schizophrenia that is American immigration, we have legalized dozens and hundreds of Cubans under 220A, second box, without a court, to whom residency has been sent by mail without an interview and approval. So residency is still being granted that way. Not every month, but it has come through. And through asylum, many more. But at this moment, under 220A, second box and with a court, they have to wait," he noted.

In keeping with his perspective of always viewing the glass as half full rather than half empty, Willy Allen recalled that there is a judge in San Antonio (Texas) who has approved a residence with 220A in court based on Matter of Q. Li, considering that the only entry an I-220A could have had was through parole. "We have had several judges in Miami, Orlando, and Houston who have extended cases while the Q. Li matter continues to be debated."

According to the lawyer, the only advice he can give to those with I-220A at this moment is to remain calm. "Patience, to a certain extent, puts pressure on them. What is happening in the U.S. Courts is that this government has set a number of 3,000 people to be detained daily; those who are suffering the most are many with 220A. Those who are going to court for the first time, or perhaps the second time, and have been in the United States for less than two years (but they have done so alongside individuals who have been in the U.S. for almost three years) are being detained and placed in a detention court process," he lamented.

It's not illegal, but it's not right

Regarding the detention of I-220A in court, Willy Allen emphasizes that "it's something cruel. It's not illegal, but it's not right." In fact, he mentioned that his office is currently appealing two cases of individuals who have been in the United States for over two years, who have already been granted credible fear, and who are now facing immigration judges while in detention.

"In one case, bail has already been denied, and we are fighting not only for asylum but also for residency while in detention, which creates a lot of pressure because the person who is detained has to, to some extent, buckle down and say: 'I’m going to fight this while in detention to win or whatever the outcome may be, but I’m not going to give up, I’m not going to leave,'" the lawyer added.

Willy Allen is convinced that these detentions are meant to encourage people to self-deport. "They want those in detention—whether they are Cubans, Venezuelans, or Nicaraguans—to raise their hands and say: Look, deport me, I’m leaving voluntarily."

"It's a way to break a person so that they give up and leave. Right now, my son has a hearing for a Salvadoran detainee who has been here for over 15 years; he entered at 13 years old, and now we are fighting for what is called the suspension of his deportation. He is married to an American citizen and has children born here. A few years ago, getting that bail was something easy. At this moment, it is not."

Ultimately, lawyer Willy Allen believes that although patience is not a gift that abounds among Cubans, it is the virtue that all those who have been waiting for their residency for years need at this moment. His advice is to be patient and to behave well, avoiding mistakes or violations that could complicate their path to legalization.