Immigration attorney Liudmila Marcelo was emphatic in responding to one of the questions that generates the most anxiety among Cubans in the United States: the Cuban Adjustment Act is not going to disappear overnight, and the fear circulating on social media is unfounded in the short term.
Marcelo, interviewed by Tania Costa, directly addressed the comparison with what happened regarding the Venezuelan amnesty law, which excluded Venezuelans with Temporary Protected Status in the United States.
“The Cuban Adjustment Act has a much stronger shield. Change in Cuba is not something that will happen overnight,” he stated.
For the law to cease to apply, a profound change would first need to occur in Cuba: a new government, a new constitution, democratic elections. Then, a legal process would follow to demonstrate that these changes are so extensive that the reason for which the law was created no longer exists.
"It requires an analysis, it requires gathering people with the ability to do this, and that doesn't happen overnight," emphasized Marcelo.
The lawyer acknowledged that videos are circulating on social media warning about the possible repeal of the law, which is causing anxiety in the community.
However, she was straightforward: "I don't know why people think that the Cuban Adjustment Act is going to end overnight."
Regarding what to do in the face of that uncertainty, Marcelo offered practical yet nuanced advice. "If there is something that is keeping you awake at night, do everything you can to make it stop," he said.
She recommended applying for residency through the Citizenship and Immigration Service (USCIS), with an approximate cost of 1,440 dollars, if the concern is unbearable. But she was honest: it's essentially "money thrown away" in practical terms, because USCIS does not have the authority to resolve the case.
What he firmly advised against is applying before immigration courts if the assigned judge does not accept cases without parole.
In that scenario, the applicant may pay up to 2,980 dollars in fees and lose everything.
“Pay the fee and then they tell you: I’ve reviewed your residency, I will not proceed with this in your final hearing because you do not have parole. And at that point, you have nothing left, you have no record of what you applied with the residency,” she warned.
The most critical point raised by Marcelo goes beyond the debate over whether the law will disappear: the real issue is that the Board of Immigration Appeals (BIA) has not recognized the I-220A form as parole.
Without that recognition, the Cuban Adjustment Act cannot be activated for those who entered through the southern border with that document.
"The most important thing: is there a Cuban Adjustment Act or isn't there a Cuban Adjustment Act? If the BIA doesn't clarify that the I-220A is parole, it won't do us any good because they will continue to deny it to you whether you have applied or not," he explained.
This situation affects tens of thousands of Cubans. In January 2026, only 15 residency cards were approved for Cubans out of more than 7,000 pending applications, reflecting the collapse in residency approvals since the Trump administration suspended the CHNV program in February 2025.
Regarding asylum cases, Marcelo warned that they are already difficult to win, even with Cuba in the current circumstances.
"Some judges are asking me to bring the client's corpse to prove that he suffered persecution in the past, because it doesn't matter that he had injuries, detentions," he pointed out. The increase in detentions of Cuban migrants by ICE illustrates the adverse environment they face.
For those who have the I-220A form and hope to benefit from the Cuban Adjustment Act, Marcelo was straightforward: if Cuba were to change its government but the BIA does not recognize that document as parole, having applied before the change would be of no use.
The hope of thousands of Cubans in a federal court ultimately still depends on that pending ruling from the BIA.
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