Can Cubans with I-220A self-deport to Canada or any other country?

In the midst of the uncertainty faced by thousands of Cubans under the I-220A form, many are wondering whether they can voluntarily leave the U.S. and head to another country, such as Canada, without waiting for a formal deportation order or a final resolution of their immigration case.

The journalist from Univision, Daniel Benítez, who specializes in immigration issues, has addressed this concern on his YouTube channel, directly responding to a query from a Cuban migrant.

His explanation makes it clear that, in principle, it is indeed possible for a Cuban with an I-220A to voluntarily depart to a third country, but he warns that this voluntary act depends on multiple legal and practical factors.

Yes, but only if the destination country accepts it

The key to understanding this possibility lies in the principle of acceptance by the receiving country.

A migrant with an I-220A can leave the United States, but that does not mean that another country is obligated to accept them.

In the case of Canada, for example, the migrant would need to have a valid visa, permanent residency, or Canadian citizenship in order to enter legally.

Without one of these documents, there is no legal way to enter, and Canadian border authorities can—and likely will—deny entry.

This principle extends to any other country besides Cuba, which is the only one obligated by international law to accept its citizens.

That is to say, the only guaranteed exit route for a migrant with an I-220A without a visa to third countries is deportation—whether voluntary or forced—back to the island.

Risks of leaving the U.S. without completing the immigration process

One of the most sensitive aspects highlighted by Benítez is the fact that many of the migrants with I-220A are in the asylum process and, therefore, have pending court dates before an immigration judge.

In these cases, leaving the country without completing the immigration process in court can have serious consequences.

If a migrant leaves the United States without having appeared before the court or without formally requesting the closure of their case, they may receive an order of deportation in absentia.

This order not only affects your immigration history in the United States, but it also complicates or blocks your eligibility for future visas or entry into other countries, including Canada.

Furthermore, although the United States may facilitate the voluntary departure of the migrant, that does not guarantee that their case will be "clean" or without consequences.

On the contrary, that exit is often regarded as abandoning the case, along with the legal repercussions that it entails.

What if Canada is not a viable option?

For those who do not have a legal way to enter Canada or another third country, the options narrow considerably.

Without valid migration options, the most likely final destination will be Cuba, which, as mentioned, has a legal obligation to accept its nationals, even when they return as deportees or “self-deportees.”

This point is especially painful for many Cuban migrants who left the country to escape political repression or unsustainable economic conditions, and who fear reprisals if they return.

"Self-deportation" in these cases is neither a secure nor a desirable solution.

Canada and the Myth of "Easy Immigration"

The increasing migration of Latin Americans, including Cubans, to Canada has been accompanied by a series of myths regarding supposed ease of immigration.

However, as Benítez clarifies, Canada has one of the strictest immigration laws in the Western Hemisphere.

Furthermore, the "safe third country" agreement between Canada and the United States establishes that both countries can return asylum seekers to the first safe country they entered.

This means that a Cuban migrant seeking asylum in Canada after having been in the U.S. may be returned to U.S. territory, even if they have already left voluntarily.

This agreement is applied with particular rigor at the official entry ports, which has led many migrants to attempt to cross through unauthorized points, exposing themselves to legal, personal, and climatic risks.

Recommendations before considering self-deportation

Given this complex reality, the main recommendation is to consult with an immigration attorney specialized before making any decisions.

Each immigration case has specific nuances, different backgrounds, and unique legal possibilities.

These are some essential actions to take before considering self-deportation:

Close any pending judicial processes: If you have an appointment with an immigration judge, do not ignore it. Speak with a lawyer about how to proceed.

Check options for regularization or protection: There are legal avenues that may be available and worth exploring before giving up your presence in the United States.

Inquire about voluntary departures or humanitarian programs: Some controlled departures may be less detrimental than an absence deportation.

Avoid hasty decisions based on misinformation: Social media and rumors often distort legal realities. Rely solely on trustworthy sources for information.

Ultimately, the best tool a migrant in this situation has is accurate legal information and appropriate professional advice. Making decisions based on ignorance or desperation can close doors that might still be open.

Frequently Asked Questions about Form I-220A for Cubans in the U.S.