Cuban woman with I-220A recounts her experience in first immigration court in Orlando

"It gives us time to see what will happen with us or to find a lawyer who can defend our case."

The testimony of a Cuban woman with an I-220A after her first court hearing in the U.S.Photo © TikTok / @yilian8508

The Cuban Yilian Martínez, identified on TikTok as @yilian8508, shared in a video her experience during the first immigration hearing she had on August 6 in Orlando, Florida, before Judge Richard Jamadar.

In her testimony, she explained that there were "around 20 to 30 people" in the room and that they first attended to "three individuals who had lawyers" via video call. The rest, including herself, were without legal representation.

"This does not mean that I recommend going without a lawyer, but I will tell you what happened," he noted, before explaining that everyone had their charges and rights read to them, and then they were called one by one to confirm if they agreed with what was presented and if they accepted to reschedule the hearing.

"We all said yes, and each of us was assigned... they all put us in court for 2027," he assured. In his view, "this is good news because it gives us time to see what is going to happen with us or to find a lawyer who can defend our case."

The creator ended her video with a message of reassurance: “That’s it, it was quite a scare, everything is over, and see you in 2027. Bye and blessings to all, bye.”

The post received dozens of comments from other migrants who claim to have gone through similar experiences with the same judge, and many celebrated the extended deadline to prepare their cases.

Some agreed on the relief that the decision brought them. "That's also my judge and my child's; it's good to know this... trust in God, He is faithful and good," wrote one user. Another recounted, "I went on July 22 and they also gave us all until 2027, but there were only 4 of us in my session."

There were messages of encouragement and hope, such as “How wonderful, God is great… I hope everything goes well,” “Health and blessings. It’s possible,” or “Thank God, I’m so happy; I hope your residency arrives very soon.”

Others confirmed that the pattern repeats in various hearings: "That's my judge too" and "They tell everyone that when you go to your first court," they pointed out. Overall, the prevailing tone was one of support and faith that the extension would allow more people to better organize their legal defense.

The delay in immigration hearings for individuals with I-220A coincides with a context of strong pressure on this group of Cubans in the United States. In recent months, there have been detentions of migrants with this document in courts and ICE offices, even without any criminal records, as occurred with a 26-year-old young man arrested in Miami after attending a routine appointment.

There have also been stories of women who, despite lacking legal status, have defended their right to start a family in the country, arguing that they are not going to “wait to have legal status to have a child.” Meanwhile, voices from within the community, such as a Cuban officer in Florida who called for empathy, have reminded us that “no one is completely safe” from restrictive measures.

The immigration lawyer Willy Allen has insisted that residencies are still being granted for some holders of I-220A, although he warns that the process is slow and patience is crucial. According to the lawyer, in courts such as those in Miami, Orlando, or Houston, extensions have been granted while legal precedents that could benefit these cases are debated. In other statements, Allen has explained that certain I-220A holders who are not required to report to ICE or attend court have “the greatest blessing” and can live peacefully as long as they do not commit crimes.

Frequently Asked Questions about the I-220A Immigration Process in the U.S.

What is Form I-220A and what does it mean for Cuban migrants?

The I-220A form is a document used by the Immigration and Customs Enforcement (ICE) to grant parole to detained migrants while their legal situation is being resolved. This status allows migrants to remain in the U.S. without detention, but it does not equate to legal entry nor does it grant full immigration benefits, creating a fragile legal situation for thousands of people, mostly Cubans.

What happens during immigration hearings for I-220A holders?

During immigration hearings, such as the one recounted by Yilian Martínez, the charges and rights are read to those present, and they are given the option to reschedule the hearing. In many cases, the hearings are being extended until 2027, providing migrants with more time to prepare their cases or find legal representation. However, there is a risk of immediate detention if the case is dismissed.

Is it advisable to attend immigration hearings without a lawyer?

Although some migrants, such as Yilian Martínez, have attended their hearings without a lawyer, it is not advisable to go without legal representation. Having a lawyer can be crucial for properly defending the case and avoiding potential dismissals or detentions. Specialized attorneys can provide counsel and better represent the interests of migrants before the court.

What are the detention risks for migrants with an I-220A?

Migrants with I-220A face risks of detention, especially if their cases are dismissed. ICE is authorized to detain migrants after hearings or appointments if it is decided to terminate their pending processes. This risk increases in hearings without a lawyer or when the migrant is on a "list" of individuals subject to expedited deportation.

How can migrants with an I-220A prepare for their hearings or appointments with ICE?

To prepare for hearings or appointments with ICE, migrants should ensure they have all their documents in order and consider the assistance of an attorney. It is important to arrive on time, be informed about their rights and the process, and maintain exemplary conduct. It is also helpful to connect with support communities that can provide guidance and share similar experiences.

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CiberCuba Editorial Team

A team of journalists committed to reporting on Cuban current affairs and topics of global interest. At CiberCuba, we work to deliver truthful news and critical analysis.