Immigration attorney Willy Allen categorically dispelled one of the most widespread myths among Cuban immigrants in the United States: having a U.S. citizen child does not protect a foreign mother from deportation.
The clarification arose during the weekly program that Allen has with Tania Costa on CiberCuba, in which they discussed the case of a Cuban mother with I-220A detained by ICE on June 26 in Portland, Texas, while attending a routine supervision appointment. The woman is the mother of a three-year-old child, a U.S. citizen.
A viewer identified as "Mandrake" asked if the "authority" of the American child could be used for the mother to stay in the country. The lawyer's response left no room for doubt: "No, because that is also another lie. The anchor baby concept does not exist. When the child turns 21, they can help the mother, but at this moment a baby cannot assist a foreign mother. The anchor baby is a myth."
The only real benefit comes when the citizen child turns 21 years old, at which point they can file an I-130 petition for their parents as immediate relatives. With the child only three years old, that legal pathway is nearly two decades away.
The anchor baby myth has its roots in the 14th Amendment to the U.S. Constitution (1868), which guarantees automatic citizenship to anyone born on U.S. soil, regardless of their parents' immigration status. However, this child's citizenship does not provide any immediate immigration benefits to parents who are in an irregular situation.
In the same segment of the video, Allen responded to another viewer, Daisy Gavilán, who said she does not have money to hire a lawyer, has I-220A status, and is approaching her second court hearing. Her question was straightforward: can she be deported?
"You can be deported," Allen confirmed bluntly.
However, the lawyer explained an alternative: if you ask the judge in court to deport you, what you will receive is a "voluntary departure," which is better than a formal deportation. "This is your decision," he emphasized.
Allen also clarified a point that frequently causes confusion among holders of the I-220A form who aspire to self-deport. As he explained, they can request it from the judge upon entering the Court instead of allowing the opportunity for deportation.
The case that sparked the debate is that of Tania Romero Naranjo, a 24-year-old Cuban from the Isle of Youth, detained by ICE on June 26 during a routine appointment in Portland, Texas. Her three-year-old son was left in the care of his father, Javier Díaz.
Tania Romero has been in the United States for approximately four years with the I-220A form, a document that ICE issued en masse to Cubans who arrived between 2019 and 2023. It is estimated that between 400,000 and 500,000 Cubans are in the same situation: the I-220A does not equate to a parole nor does it grant definitive legal status, leaving its holders in a permanent immigration limbo with a real risk of deportation.
In September 2023, the Board of Immigration Appeals ruled that the I-220A is not parole, disqualifying its holders from applying for residency under the Cuban Adjustment Act. The 11th Circuit Court of Appeals in Atlanta held a hearing on the matter in December 2025, but has not issued a final ruling as of this Monday.
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