Lawyer Willy Allen, an expert in Immigration, has stated in remarks to CiberCuba that he has never had a judge deny residency based on Cuban Adjustment in court when his client is a person with parole.
Both Allen and lawyer Liudmila Marcelo agree that this is the fastest way to receive a 'green card,' although they both acknowledge that many immigrants find the need to fight for their residency in court challenging.
"I try to do it because it's more efficient and faster for me. If I have a hearing today and the judge tells me, I have a date for you, for January 8, to grant your client residency, I say, I'm going to take it because I know that on January 8 my client will be an American resident, retroactive to their date of entry."
On the other hand, Allen adds, those who do it through USCIS "have been waiting for 500 days, 900 days, 700 days."
Willy Allen responded to the question of a CiberCuba viewer who claims to be parole 212 of the second box, with affirmative asylum, currently valid, and residency pending for 550 days. This person was concerned about whether they could request bail from the judge in the event of detention.
The lawyer immediately corrected him. "In case of arrest, you will ask the judge for your residency and the judge will grant you your residency. Congratulations on that parole. Your residency will arrive," he said.
In the worst-case scenario, that is, in the case of detention by ICE (Immigration and Customs Enforcement) agents, Allen explained that if this person "entered with parole, second box, the judge has jurisdiction over their residency case."
"I try to keep all the Cubans I have in court to obtain residency with the judge. There are some judges who don't want to do it because they have too many cases, and some of my clients panic in court and don’t want to proceed there. But I would tell you that I have never had a judge deny a Cuban Adjustment for someone with parole in court," he emphasized.
"In court, with a parole, I know when I will be granted residency, and if a person with parole is detained and it is not a criminal offense; it is just the absurd detentions they carry out, I will request their residency in court."
On the other hand, the lawyer reported that the majority of residency applications they are receiving are from CBP One and from individuals who have entered with visas such as Spanish ones.
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