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Jorge Lázaro García, a Cuban migrant who entered through the southern border in 2022 and received an I-220A form, has obtained permanent legal residency in the United States.
The achievement, supported by a court ruling issued in New Orleans, represents more than an individual victory: it opens a potential pathway to regularization for thousands of Cubans in a legal limbo.
“I felt that I wouldn’t be able to achieve legal status, because these are very difficult times where you don't know if you will have to go back”, García declared to Telemundo 51 after receiving the notification of his status.
His testimony resonates among those, like him, who have waited for years under immigration surveillance without access to parole or certainty about their future in the country.
A ruling anchored in the precedent Matter of Q Le
The legal strategy that led to García's victory was led by immigration lawyer Jesús Novo from the Gallardo Law Firm.
The case was based on the precedent Matter of Q Le, a decision made in 2022 that involved an Asian immigrant.
In that ruling, it was established that immigrants detained while crossing the border without any prior records or arrest warrants can only be deported or granted parole, a key provision in the Cuban Adjustment Act.
“This decision validates our argument that when people are detained at the border, they can only do two things: either deport them or grant them parole,” explained Novo.
García was not deported. Instead, he received an I-220A form—a document for supervised release—and subsequently applied for political asylum.
Within less than three years, he managed to adjust his immigration status by arguing that, having not been deported, he should be considered as someone on parole, as outlined in the case Q Le.
Although her residency was granted by a judge's decision, this does not yet set a binding legal precedent at the national level, but it could signal a trend.
“It is a judge's decision, it is not yet a ruling from the appeals court, but it could encourage other judges in the country to act similarly in I-220A cases,” the lawyer added.
What is the I-220A and why does it generate controversy?
Form I-220A is a document that allows certain immigrants to remain in the United States under the supervision of ICE while their legal situation is being resolved.
Unlike parole, the I-220A is not considered a formal admission to the country and does not grant automatic immigration benefits.
This distinction has left thousands of Cubans trapped in a legal limbo, unable to benefit from the Cuban Adjustment Act despite having lived in the U.S. for more than a year.
However, as lawyer Novo warns, the fact that a judge has granted residency to García under this interpretation is an indication that the justice system may start to recognize that the I-220A forms effectively imply a type of parole.
The precedent of Elaine and the conditions of the immigration system
The case of Jorge Lázaro García is not the only one that has highlighted the legal tensions surrounding the I-220A.
Recently, news emerged that a Cuban citizen identified as Elaine received asylum in the U.S. after spending nearly three months in solitary confinement, despite having no criminal record.
Elaine also had an I-220A and was facing a final asylum hearing in 2026 when she was arrested during a routine check with ICE.
The lawyer Liudmila Armas Marcelo, who represented her, emphasized that the judge "valued the strong evidence presented and the testimony given during the court interrogations and granted her asylum despite the government’s opposition." Ultimately, the DHS chose not to appeal.
These two cases reflect both the legal vulnerability of migrants with I-220A and the potential for pathways to regularization to open up, provided there is adequate defense and a favorable judicial perspective.
Willy Allen's Opinion: January 2026, a Decisive Month
For the renowned immigration attorney Willy Allen, the landscape could change radically in the coming months.
In recent statements, he expressed confidence that if the judges issue a favorable ruling for the I-220A in December 2025, there could be a final decision in January 2026.
"If that court ruling concludes that Cubans who have an I-220A were paroled, then the following day they will be able to apply for their residency," explained Allen, who emphasized that even if the administration appeals, that would not prevent the initiation of the procedures.
His son, Willy Allen III, also a lawyer, has argued that justice will eventually recognize that the I-220A is functionally a parole.
Both emphasize the inconsistency of entire families crossing the border together and emerging with different immigration documents without any clear explanation: some with parole, others with I-220A.
However, Allen warns that until that final ruling is issued, many Cubans will continue to be at risk of arrests or deportations.
The case of Fernando Fuertes Muñoz, who was detained by ICE in August despite having closed his judicial case, illustrates these risks. His defense has requested reconsideration following a failed credible fear interview.
What could change?
If it were recognized that the I-220A is equivalent to a parole, tens of thousands of Cubans could benefit from the Cuban Adjustment Act, as most have been in the country for over a year.
The change would not only imply a massive migratory relief but also a legal rectification in response to a policy that has left many in a situation of inequality and arbitrariness.
For now, the path to residency continues to depend on individual judicial criteria, as was the case with Jorge Lázaro García.
But cases like theirs are laying the groundwork for an argument that is gaining traction among legal experts and activists: the I-220A, due to its practical effects, should be considered a parole.
An uncertain future
The Department of Homeland Security still has the option to appeal the judge's decision in García's case, which would bring the process before the Board of Immigration Appeals. If that happens, the final outcome could take months.
"The only way he could lose his residency is if the case is appealed and the appeals board, in an absurd decision, determines that the judge made a mistake," explained Jesús Novo.
Meanwhile, Jorge Lázaro García is enjoying for the first time in years the tranquility that comes with legal status. “This step represents the beginning of a new life in the United States,” he stated.
Her story—like that of Elaine and many other Cubans still waiting in uncertainty—could mark the beginning of a transformation in how I-220A is interpreted and applied within the U.S. immigration system.
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