Attorney Willy Allen, one of the most respected experts in immigration law in Florida, stated on his weekly program on CiberCuba that he believes "certain officials" of the U.S. Citizenship and Immigration Services (USCIS) will try to hold onto the argument of "public charge"; of "good moral character" or will appeal to the fact that humanitarian parole has expired to deny the possibility for Cuban beneficiaries of the CHNV program (Humanitarian Parole granted to nationals of Cuba, Nicaragua, Venezuela, and Haiti) to apply for Adjustment of Status.
A viewer from CiberCuba asked Allen this Monday to explain the consequences of the tightening of the public charge rule (receiving state aid), referring to the fact that USCIS has just issued a memorandum ordering a stricter application of the "public charge" rule, which could hinder the approval of green card applications and residence processes.
The measure, announced on September 4, instructs Immigration officials to strictly evaluate factors such as age, health, income, employment, and education level of applicants. The goal is to determine whether an immigrant may become a "public charge," meaning they must decide if someone who primarily relies on government assistance to survive can regularize their immigration status in the United States.
In his response, Willy Allen explained that with humanitarian parole, there should not have been a public charge. In other words, government resources should not have been used, "because that was part of the humanitarian parole."
However, this requirement imposed on parolees conflicts with a law from the 1980s, promoted by Florida congressmen Dante Bruno Fascell and Claude Denson Pepper, which provided assistance to Cubans who entered and needed shelter. "Cuban Adjustment Act generally allows for 'public charge' and obtaining your residency. That’s why so many people with disabilities and issues, who were never going to work in the United States, were able to legalize under the Cuban Adjustment Act. There’s a case from 1967 that specifically states that the Cuban Adjustment Act is also granted to individuals who might be public charge. We don’t have that many elderly people who have entered the United States, who are never going to work and will always rely on financial assistance, who have been legalized under the Cuban Adjustment Act," added Willy Allen.
In this context, the lawyer believes that being a public charge should not be a problem, but he does not deny that it is part of what they will analyze now, which is why it is so important. "In the future, what they want to do now is to bring in people who are applying for residency for interviews. It is very important to attend all the interviews, one with an interpreter and the other with a lawyer, because you have to present your case well; you need to argue effectively that even if the parole was revoked, you still entered legally, and that even if you received public assistance, it does not negate the Cuban Adjustment. It is crucial to go to the interview prepared," he emphasized.
At this point, Willy Allen cited a judge in Dallas who has postponed a case until 2027 as an example. "He is saying that my client does not qualify for Cuban Adjustment, even though he entered with a parole, because the parole has expired. He does not want to hold this trial this year, but has postponed it until 2027. He and I had some issues in Miami before he left Miami, and I won. Now he is in Dallas. So, I believe that this kind of argument trying to deny you Cuban Adjustment for some public charge reason, some moral reason, or because the parole was canceled, could be an argument that certain USCIS officials might use. We need to be prepared and not be too afraid. Concerned, yes. I worry every day. I worry almost all the time. Fear, only of snakes and sometimes of cockroaches and mice," he concluded.
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