The immigration attorney Liudmila Marcelo warned that traveling to Cuba while having a pending asylum case —or even one filed in the past— can lead to serious immigration inquiries upon re-entering the United States, and she recommended resolving those cases before making any trips to the island.
Marcelo made these statements during his weekly segment alongside journalist Tania Costa, where he advises the Cuban community residing in the U.S. about their rights and migration risks in a context of increased scrutiny by the Immigration and Customs Enforcement (ICE).
"You may encounter questioning when you enter. An officer might review your file thoroughly, and then you will be taken to the infamous little room to ask how it is possible that you traveled to Cuba if you had requested asylum," the lawyer explained.
The risk is clear: anyone who claims to be afraid of returning to Cuba and then travels to the island contradicts the fear stated in their asylum application, which can weaken or invalidate that case before immigration authorities or show that they lied when submitting their application.
"I always recommend closing those asylum cases even if they have been previously raised," Marcelo emphasized, warning that an open asylum file can lead to consequences even after obtaining permanent residency. "It's possible for that asylum case to later bring about issues that could put you in court even after you have your residency."
If an officer questions the trip, the lawyer explained that the applicant must be prepared to demonstrate what is legally known as a "change of circumstances": a specific reason why they no longer fear returning to Cuba.
"You have to demonstrate to that officer at least one change in circumstances that shows you no longer fear returning to Cuba. The person who was pursuing you no longer exists, that person is no longer in that position, whatever the reason may be, but you must also be prepared to respond and demonstrate the exceptional circumstances that required you to travel," he noted.
Marcelo also addressed a question regarding a lawsuit related to the I-220A form — a document received by many Cubans who entered through the southern border between 2022 and 2024, which places them under supervision without a guarantee of permanent legal status — in which a law firm allegedly proposed the possibility of reaching an agreement with the government to grant parole to the participants.
The lawyer confirmed that this possibility exists in the federal courts, but warned that the government representative does not yet have the authority to make a commitment. "The prosecutor herself, the government representative said: I have to consult it with my superiors. In other words, it’s not something she has the power to say yes to, let's go, I'll grant parole to everyone."
Regarding whether it is wise to join that lawsuit, Marcelo was straightforward: “If the person has the financial means and wants to take that risk, then go for it,” making it clear that it is a personal decision without a guarantee of outcome.
These warnings occur in the same program where Marcelo explained the reasons behind the detention in Miami of the daughter of Cuban General Ulises Rosales del Toro, and where he emphasized that hiding information from immigration officials is the main cause of ICE detentions of relatives of high-ranking officials of the Cuban regime.
"It's always better to be told no because you spoke the truth than to be told yes because you hid it, only to have the truth come to light later, because then you'll be left without any resources," the lawyer concluded.
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