The immigration lawyer Claudia Cañizares answered in a TikTok video one of the questions that concerns Cubans with I-220A forms in the United States the most: what would happen to their immigration cases if Cuba underwent a transition to democracy.
The question is particularly significant at a time when the Trump administration is exerting maximum pressure on the Cuban regime, with energy sanctions, a blockade of Venezuelan oil, and diplomatic contacts aimed at a historic change on the island.
According to Cañizares, a democratic transition would impact the holders of I-220A in two main ways.
The first relates to political asylum. "If you have an asylum case based on political persecution and a transition to democracy occurs, then obviously your asylum case would no longer be valid because it is considered that the government that was persecuting you no longer exists," the lawyer explained.
The second impact involves the Cuban Adjustment Act, the main mechanism for immigration regularization for Cubans in the U.S. since 1966.
"The Cuban Adjustment Act states that it can be repealed if Cuba becomes a democracy," Cañizares warned.
This possibility is provided for in the Helms-Burton Act, signed in 1996, which establishes the parameters for determining when Cuba has a democratically elected government and conditions the possible repeal of the Cuban Adjustment Act on that determination.
"There is a law known as the Freedom Act that has been signed and enacted since 1996, which states that if Cuba undergoes a transition, then the Cuban Adjustment Act could be eliminated," the lawyer pointed out.
The NACARA law, also from 1996, is tied to the same mechanism: if the Freedom Act determines that Cuba has a democracy, the Cuban Adjustment Act could be eliminated.
In light of this situation, Cañizares offers a specific recommendation: apply as soon as possible for permanent residency and keep the application pending with the Citizenship and Immigration Services (USCIS) or before the immigration court.
"My best advice is for you to apply for permanent residency and have it pending either with the court or with USCIS, in case there is a transition and they want to eliminate the Cuban Adjustment Act, so that you are protected," he noted.
The reason is that the law protects those who have an application in process: although the Cuban Adjustment Act may be repealed, those who already have a pending residency could continue to benefit from that immigration relief.
For those with pending asylum, the lawyer suggests exploring alternatives such as administrative closure through a family petition or other available remedies.
The I-220A form was issued to over 300,000 Cubans who entered through the southern border of the U.S. since 2021. This document, issued by ICE, allows for a stay in the country under supervision but does not grant permanent immigration status.
Her legal situation has progressed in the courts: the Eleventh Circuit Court of Appeals rejected criteria in February that excluded these holders from the Cuban Adjustment Act, and this week a Cuban with I-220A was released after five months in custody following the approval of a habeas corpus in his favor.
"Please do not panic, but do create a plan, talk to your lawyer, and ask what you can do in case that freedom arrives," Cañizares concluded.
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