Immigration attorney Liudmila Marcelo explained in detail on Wednesday the immigration situation of those who entered the United States through CBP One and clarified the consequences of not registering with the Selective Service when applying for U.S. citizenship.
Marcelo clarified that the so-called CBP One are individuals who entered the country through a border port using a government application, which allowed them to request an appointment at the southern border to seek entry authorization and then a migration relief.
Upon entering through this route, the authorities granted them a document I-94, which is equivalent to a parole, allowing Cubans to benefit from the Cuban Adjustment Act after one year and one day of residence in the country.
The central issue, according to Marcelo, is that these individuals are classified as "arriving aliens", which means that the immigration court has no jurisdiction over their adjustment of status. "The court has no jurisdiction over the adjustment of status and that's where the problem lies," the lawyer explained.
This forces many to face an asylum case in court, even if they do not have a legitimate reason to request it. "Submitting a frivolous asylum claim poses a problem because it also makes you ineligible for status adjustment later," Marcelo warned.
The recommended strategy is to extend the final hearing for as long as possible to avoid having to defend an asylum claim before that court, as stated by the lawyer.
In Miami and Orlando, judges often collaborate by closing or extending cases, but in Texas, it is very difficult to have your court case closed, especially in San Antonio, the lawyer clarified.
This is compounded by the halt in residency applications under the Cuban Adjustment Act, in effect since December 2025. Before this pause, Cuban CBP One applicants received their status adjustment within a period of three to six months. Now the processes are stalled and residency approvals are not being issued, she said.
There is, however, some good recent news: a federal judge ordered that it was illegal for the government to have suspended the parole and work permits for CBP One. "These individuals now have their work permit valid again", Marcelo noted, at least temporarily.
Regarding the second topic discussed in the program, the lawyer clarified what happens when a man between the ages of 18 and 25 does not register with the Selective Service and then wishes to naturalize as a U.S. citizen.
Any man who has lived in the United States between the ages of 18 and 26 is required to register in that system, regardless of his immigration status. "It doesn't matter what your status is, it doesn't matter if you don't have status, you are expected to register," emphasized Marcelo.
Not doing so does not imply active military service, as United States has not had mandatory enlistment since 1973, but it does have direct consequences for naturalization.
"If someone applies for citizenship at 28 years old and did not register at the appropriate time, they have to go through a sort of penalty period; for not having registered," explained the lawyer, and they will have to wait until they are 33 or 35 years old to submit the application.
"They are going to extend the period during which you can naturalize", clarified Marcelo, emphasizing that this is a delay of approximately five years, not a permanent prohibition.
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