Immigration attorney Liudmila Marcelo explained this week why thousands of Cubans have been waiting for years for a resolution to their residency applications in the United States without receiving a concrete response from immigration authorities.
The situation was raised by a CiberCuba follower identified as Alberto, whose daughter entered the U.S. with Parole 212(d)(5) and has been waiting for the resolution of her case for two years and five months, with no further response from the Citizenship and Immigration Services (USCIS) other than "Everything is fine, you must wait."
Marcelo confirmed that this is the standard response received by all applicants, but he was direct: "The truth is that the waiting period is not normal, but it is also true that every time you call or submit a request, they say it is normal and that you just have to keep waiting."
In that same vein, the lawyer explained that USCIS relies on a legal loophole to avoid setting deadlines. "They argue that for Cuban adjustment, there is no official processing time established for residence based on Cuban adjustment," which leaves applicants without any reference for how long they must wait for a decision.
This historical delay is compounded by a second layer of postponement. "What is happening now, in addition to the delay they had before, is the pause," Marcelo noted, referring to the migration standstill imposed by the Trump administration in January 2026.
It is important to remember that the impact of this pause, which has now been relaxed, has been devastating as the approvals of green cards for Cubans fell from over 10,000 per month in October 2024 to only 15 in January 2026. We are facing a decline of 99.8%, according to the CATO Institute.
Marcelo also described a concerning trend he is experiencing with several of his clients. According to him, many cases are being transferred to immigration court through the issuance of a Notice to Appear (NTA). He mentioned the specific case of a client who has been waiting for three years, was sent to court, and on that same day attended her hearing, but her file still did not appear in the system, and she was given a notice for a hearing on a future date.
In this scenario, the lawyer outlined two possible paths. If the immigration pause is lifted before a case is transferred to court, "USCIS will grant residency" directly. If the case has already been sent to court, the applicant will have to defend their residency before a judge, an option that Marcelo considers favorable.
"The residency is defended in court, which for me is the best solution. Having parole under 212(d)(5) creates no complications. Nothing can happen."
This happens as the migration pause faces increasing legal challenges and signs of possible relaxation. Federal Judge George L. Russell III declared the measure illegal on April 28, although his order only benefits 83 specific plaintiffs. Since May 1, new appointments for residency interviews have been reported, which Marcelo interprets as a sign of easing tensions.
During that same period, Marcelo succeeded in having an Orlando judge grant residency to a Cuban client with an I-220A form, arguing that this document constitutes a valid parole, in line with the decision of the 11th Circuit Court of Appeals in February 2026.
Regarding the timeframe for resolving the pause, Marcelo was unequivocal: "May-June. If this isn't resolved by May-June, 'mandamus' for everyone, because it's already too much."
The host of the show, Tania Costa, summed up the general mood: "At least we have the flexibility, which means you may not have a crystal ball, but you have very good intuition."
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