Cubans with I-220A in the United States often make mistakes that can delay or complicate their immigration processes. The immigration expert lawyer Liudmila Marcelo outlined these errors in her weekly program with CiberCuba every Wednesday at 10:30 AM Miami time.

Marcelo distinguishes two groups: Cubans with I-220A without a Court, who are waiting for residency, and Cubans with I-220A with a Court. One of the most common mistakes made by those awaiting residency is constantly calling USCIS (U.S. Citizenship and Immigration Services) to inquire about their residency status.

"For me, it's a mistake to constantly call USCIS to remind them that the residency is pending," Marcelo said. "They might say, 'Okay, it's pending,' and then they deny the residency because they still don't have the parole."

Do not respond to the Request for Evidence

Another mistake is not responding to the Requests for Evidence (RFE), which almost always ask about the parole. Those who do not have it often do not respond, but it is important to reply.

“Ellos dan casi 80 días para responder. A mí me gusta responder prácticamente pegado a la última semana”, explicó.

Do not check the asylum online

It is also common not to check the status of the asylum application online. "These days, many asylum cases are being dismissed," warned the attorney. If a person does not update their address, they may not receive the notification. This can lead to missed appointments or even changes in immigration status.

Do not check if the case went to court

Another common mistake is not checking if the case has gone to court. Some people wait for notification by mail, but the address may be outdated. “They think they don't have court and don’t check regularly,” explained Liudmila Marcelo.

Common errors in cases involving court

In Marcelo's opinion, the most serious mistake is sending the asylum request to the wrong agency.

"The biggest mistake I've always seen over all these years with Cubans on I-220A is that, even while under the jurisdiction of the Court, they sent the asylum application to USCIS," Marcelo stated. He explained that when a case is in Court, the application must be sent to the immigration court.

Request more time

Another recurring mistake in the first hearing is that some people ask for more time to find a lawyer. "The mistake is not going without a lawyer. The mistake is asking for more time because when the judge grants the extension, the asylum clock stops. If the count is close to 150 or 160 days, the person could remain for years without a work permit," Marcelo warned.

Incomplete asylum applications

Another common problem is submitting the asylum form incomplete or with contradictions. This is a topic that Liudmila Marcelo has reiterated many times because, from experience, she knows there are people who respond to questions with phrases like "see statement."

"The judge is not there to read your statement and then fill in the gaps you left," Marcelo pointed out.

Beware of contradictions

Contradictions also affect the applicant's credibility. "When there is a contradiction, the judge can interpret it as if the person is lying," he explained.

Always check with the lawyer

Marcelo also warned about people taking cases without being lawyers. "This week some individuals came to me who mentioned a lawyer twice, but they were not lawyers," he shared.

To avoid this, he recommended always checking with the state bar association about the professional. "No lawyer can get angry if you ask to know how they appear in the bar," he stated.

Do not go alone to the final court

Going to the final hearing without a lawyer is also a risk, warned Liudmila Marcelo, who stated that "right now it is very dangerous."

Look for a lawyer in advance

Liudmila Marcelo emphasized that preparing a case requires planning. "If you have a final court date in 2027, you need to start looking for a lawyer in 2026," Marcelo explained. The attorney highlighted that court calendars already have dates set as far ahead as 2028 and 2030. "A lawyer needs time to review the case, gather evidence, and prepare the applicant for the hearing," she concluded.