A young Cuban named Diana Fonseca, holder of an I-220A form, announced on her TikTok account on May 23 that she had decided to leave the United States voluntarily, and a few days later returned to Cuba, as confirmed by the content creator herself on her social media.
In the video posted on her TikTok profile, Diana explained that she was facing three options that she considered equally painful: staying detained without being able to see her daughter, waiting for a formal deportation, or leaving voluntarily on her own.
She chose the third one.
"It's either that or they throw me in a jail without seeing my daughter," Diana stated, referring to the circumstances that led her to make that decision.
The young woman had a scheduled immigration hearing about three months after the date of the video, but she chose not to wait.
In the video, Diana clarified that she did not intend to guide anyone on what path to take. "I am not the one to advise anyone on what decision to make, whether to leave or stay; each person has to assess what risks they are willing to accept and which ones they are not," she stated.
He also urged his followers to educate themselves: "Research, seek opinions from different people, don't settle for just one perspective."
Diana acknowledged that she had been absent from social media in the days leading up to this. "I haven't been feeling very good emotionally," she admitted, before thanking those who had been concerned for her.
The case of Diana adds to that of other Cuban mothers with I-220A who have made similar decisions in the face of increasing migration pressure in the United States.
Form I-220A is a Supervised Release Order issued by the Immigration and Customs Enforcement (ICE) that allows a migrant to be out of custody while their case is progressing before an immigration judge, but it does not grant legal status, is not equivalent to parole, and does not guarantee access to the Cuban Adjustment Act.
Since the beginning of the Trump administration in January 2025, ICE has intensified the issuance of citations and detentions of individuals under this form. In March 2025, at least 18 Cubans with I-220A were detained in South Florida while attending supervision appointments.
In May 2026, a Cuban with I-220A was deported and reported torture upon returning to the island, highlighting the risks faced by those who fail to regularize their situation before being expelled.
Voluntary departure can prevent a formal deportation order, but it does not guarantee future legal entry to the U.S. if the case is not properly closed before an immigration judge. A formal deportation, on the other hand, triggers a reentry ban of at least 10 years.
The judicial debate regarding the status of the I-220A remains open: the future of Cubans with I-220A could change following pending hearings in various federal circuits, although so far no court has addressed the core issue.
"I am simply sharing something that is happening to me; my story is based on my journey, and I'm documenting it because I know that many people can relate or are going through similar situations," Diana concluded in her video.
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