Immigration attorney Liudmila Marcelo described as "good news" the court ruling that ordered the lifting of the immigration pause by USCIS, announced this Friday, and explained what it means for Cubans who have been waiting for months—or years—for their residency in the United States.
A federal judge in Rhode Island ruled the government's policies that froze immigration benefit applications for nationals from 39 countries, including Cuba and Venezuela, illegal, determining that they kept applicants in an illegal "immigration limbo."
“Now it remains for the government to decide how it is going to lift it. They have to lift it because the judge has ordered it,” Marcelo explained in an interview with Tania Costa.
The lawyer emphasized that the decision, which spans nearly 200 pages, paves the way for submitting Mandamus requests with greater chances of success. "We can already start making requests; we can already start filing Mandamus petitions with many more possibilities that the government, that the Federal Court will say: you have to do it because there is nothing preventing you from doing so."
Marcelo described the direct impact that the pause has had on his own client portfolio. "I have many [clients waiting], Tania, not only from CBP ONE, from humanitarian parole, but also from the previous 212D5 parole, from people who entered through the border and were later granted parole. I have individuals who have been waiting for their residency for over three years."
The attorney noted that many of those cases were about to submit a Mandamus—aligning with the stance of lawyer Willy Allen III to do so around the three-year wait—when the pause arrived in November 2025, further delaying everything.
The immigration pause began in November 2025 and impacted status adjustments, work permits, and asylum applications for nationals of the 39 countries included in the Travel Ban.
Regarding the next steps, Marcelo warned that the process will not be immediate or automatic. Most cases will require interviews before receiving final approval, although he clarified that there is some discretion involved.
"The officer's discretion not to conduct the interview when the case initially appears to be uncomplicated... it may be that some people are indeed granted without interviews, but that won't be the general rule."
It also specified that, although the court order has been issued, USCIS still needs to communicate officially how it will implement the lifting, and the government may appeal the decision. When the time comes to file a Mandamus, understanding these details is crucial for taking informed action.
It is important to note that the ruling does not lift the Travel Ban for the 39 countries—which restricts visas from abroad—but only ends the USCIS adjudication pause that affected individuals already in the United States awaiting immigration benefits.
In response to the question about what those affected by the pause should do, Marcelo was clear: "First of all, Tania, it's important to stay updated with the news," recommending to wait until USCIS defines the concrete implementation mechanisms before taking any actions.
The lawyer had predicted that the pause would end between May and June 2026, a prediction that was perfectly fulfilled this Friday, June 5.
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