Cuban mother with I-220A makes the toughest decision of her life before her upcoming hearing

Diana Fonseca, a Cuban mother with an I-220A, announced on TikTok her decision to voluntarily leave the U.S. before her immigration hearing to avoid being detained.



Cuban in the USAPhoto © @nailsbydianarosenberg / TikTok

A Cuban mother identified as Diana Fonseca revealed last Friday in an emotional video posted on TikTok that she made the decision to voluntarily leave the United States prior to her upcoming immigration hearing, scheduled for three months from now.

The woman, who works as a nail technician in the United States and has I-220A immigration status, described her situation as a dead end between three equally painful options: remaining detained without being able to see her daughter, being deported to Cuba with nothing, or leaving voluntarily before that happens.

"It is so difficult to be innocent in the United States, especially when you are a mother. These days have hit me hard, very hard," said Diana at the beginning of the video, clearly affected.

The Cuban explained that she chose voluntary departure despite people around her warning that it is a wrong decision. "Many people have told me that what I'm doing is crazy, that I should think things through, but I have no other option," she stated.

According to her own words, the alternative was even harsher: "It's that or being thrown into a prison, not seeing my daughter, or going back to Cuba with nothing when I'm deported."

Diana also made it clear that she is not willing to endure a prolonged detention like those experienced by other Cuban mothers in her situation. "I’m not going to wait in there for a year or a year and a half, as there are cases of mothers who have been inside for that long," she stated.

The case of Diana reflects the drama that thousands of Cuban women with I-220A are facing, detained by ICE in Florida, many of whom were arrested during routine appointments or after leaving court hearings since early 2025.

The I-220A is an Order of Supervision issued by Immigration and Customs Enforcement (ICE) that allows a person to remain out of custody while their case progresses, but it does not grant legal immigration status or automatically protect against deportation.

Thousands of Cubans who arrived in the United States between 2022 and 2023 received this document, leaving them in a legal limbo that was exacerbated by the tightening of immigration policy under the Trump administration starting in 2025.

The legal situation regarding the I-220A remains unresolved. On February 24, 2026, the Eleventh Circuit Court of Appeals made a decision regarding Cubans with I-220A by overturning previous rulings from the Board of Immigration Appeals in two cases and remanding the files for further review, without addressing the substance of the document's status.

La salida voluntaria, como la que contempla Diana, implica abandonar el país antes de una orden formal de deportación, lo que en teoría reduce el estigma migratorio, pero no garantiza opciones futuras de regreso legal a Estados Unidos. Salir sin cerrar correctamente el proceso en corte puede resultar en una orden de deportación en ausencia.

Other Cubans have taken that same path. In December 2025, a Cuban with I-220A recounted his voluntary departure to Mexico, transported by bus to the border with Reynosa with stops in Mexico City, Tabasco, Villahermosa, and Palenque.

Diana closed her video with a phrase that captures the resignation of many Cubans trapped in this limbo: "No one wants to leave the country, no one wants to leave the United States. At least I don't want to leave the United States, but it’s what we have to do."

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Yare Grau

Originally from Cuba, but living in Spain. I studied Social Communication at the University of Havana and later graduated in Audiovisual Communication from the University of Valencia. I am currently part of the CiberCuba team as an editor in the Entertainment section.

Yare Grau

Originally from Cuba, but living in Spain. I studied Social Communication at the University of Havana and later graduated in Audiovisual Communication from the University of Valencia. I am currently part of the CiberCuba team as an editor in the Entertainment section.