A Cuban woman who had been incorrectly released in the U.S. with an I-220A form was able to obtain permanent residency after an ICE (Immigration and Customs Enforcement) supervisor acknowledged the error and granted her parole before she could be detained.
After applying for residency with USCIS, she was placed in immigration court proceedings, and at an initial hearing, the judge granted one month to submit all documentation before the final hearing, where she ultimately received her residency, as explained by immigration attorney Liudmila Marcelo on her weekly program alongside journalist Tania Costa.
Marcelo added that his client had entered the United States through the border and was subjected to a credible fear interview. She did not pass it initially with officials from the Immigration and Customs Enforcement (ICE), but she did obtain credible fear after requesting a review before a judge. Despite this, she was released with an I-220A instead of the formal parole required by law in such cases.
Without legal representation, the woman attended an appointment with ICE in Miramar, Florida, where she was detained and spent almost the entire day—from early in the morning until late afternoon—on the verge of being transferred to a detention center.
At the last moment, before they took her to the bus, a supervisor approached her and said, "We're very sorry. We made a mistake with you. Here is your parole."
Marcelo described the moment as exceptional. "It's one of those miracles that you always hope will happen, but almost never do, and it happened to her."
With the parole in hand, the client went to Liudmila Marcelo's office. The judge assigned to the case scheduled the hearing for just a little over a month later, in April, but warned that she needed to pay 2,980 dollars and explicitly asked if the client wanted to apply before her.
Marcelo did not hesitate: "She wants to apply with the Court because she knew that in a month she would have the decision regarding her residency. USCIS has a pause for all status adjustments for Cubans, so even with parole, she wouldn't get it as quickly as with the Court."
"We stayed strong, submitted her application, did everything necessary, and went on Monday, and indeed the judge granted her residency," the attorney recounted. The client met all the requirements outlined in the Cuban Adjustment Act.
This is the second case in two consecutive weeks in which attorney Liudmila Marcelo secures residency for a holder of I-220A. On May 6, the attorney had achieved a similar victory in the Immigration Court of Orlando.
Marcelo took the opportunity to raise awareness about a critical point in interviews: the questions regarding political affiliations in Cuba. Prosecutors and judges are placing special emphasis on membership in the CDR, the Communist Party, and other organizations. In this case, the judge even asked if the client had been a pioneer.
Regarding the CDR, Marcelo was emphatic: "It's mandatory to register in a CDR address book when you turn 14, without your consent, or even that of your parents. That doesn't mean you belong." According to the lawyer, "to belong means to participate in CDR activities, in repudiation acts, in political events, and to be a member of the board."
The correct answer, he explained, is: "Yes, I was included on the CDR list, but I was not an active member of the CDR."
The client was a doctor in Cuba without being a party member, which also raised questions. Marcelo clarified that the party facilitates access to universities but does not prevent it; however, those who are not politically integrated receive worse job placements upon graduation.
At the end of the program, Marcelo confirmed that he has five I-485 interviews scheduled with USCIS: one on May 18 for a client with I-220A, and another on June 2 for a family of four, suggesting that the immigration pause has not tightened again for their cases. "If they cancel them, it means the pause continues; if we attend the appointment," he concluded.
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