There are immigration judges in Orlando, New Orleans, and San Antonio who have granted permanent residency to Cubans holding the I-220A form, but these legal victories have not resulted in anyone receiving a Green Card: the federal government has immediately appealed all of them, leaving them in indefinite suspension.
This is how immigration lawyer Willy Allen explained it in a recent analysis of the current state of these cases, where he described the situation with a strong word: "The I-220A is something schizophrenic. Yes, there are judges who have granted it."
According to Allen, the contradiction is clear. "There have been two or three judges who have granted residency to the I-220A. And those residencies granted were immediately appealed by the government. So they are not actual residencies granted. The judge awarded them, but they haven't been given to the person because the government appealed."
The underlying problem is that everything now depends on the Board of Immigration Appeals (BIA), the agency that must resolve those government appeals, and it has no legal deadline to do so.
"The Board of Immigration Appeals can drag its feet for a long time, and I don't know when they will make a decision. And there is no federal court to tell the BIA that six months have passed and to make a decision, because I have pending cases with the BIA that have been there for two years," Allen warned.
The lawyer's own office reflects that duality. Allen reports that he has been granted approximately 11 residences in court, including three in cases of detained individuals, but all based on the argument of his clients' prior parole, not directly on the I-220A. "So far, none of the I-220A cases have been approved in court; they have not granted any extensions," he specified.
This situation directly impacts cases such as that of Tania Romero Naranjo, a 24-year-old Cuban detained by ICE on June 26 during a routine supervision appointment in Portland, Texas, leaving her three-year-old U.S. citizen son in the care of his father.
Regarding his situation, Allen noted that there are legal tools available, such as habeas corpus and bail requests, although he clarified that he does not know all the details of the case. His office has won 47 out of 50 habeas corpus petitions filed, although the longest process took 16 months and required two submissions due to changes in jurisdiction.
However, the lawyer did not hide the seriousness of the moment: "It is sad, but it can be fought, even though they could also be deported."
The legal battle over the I-220A has been building contradictory precedents for months. In August 2025, a judge in New Orleans became the first to interpret the I-220A as valid parole and granted residency to a Cuban.
In May 2026, attorney Liudmila Marcelo achieved the same before a judge in Orlando. In every case, the government appealed immediately.
It is estimated that between 400,000 and 500,000 Cubans are in I-220A status in the United States, awaiting a definitive resolution of their immigration status from the BIA or a federal court.
"There are already judges who are favorable, but it’s a constant battle," summarized Allen.
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