Immigration attorney Liudmila Marcelo issued an urgent warning during an interview with Tania Costa for CiberCuba. In her opinion, the Immigration Courts are massively advancing hearing dates for Cubans with I-220A, and she interprets this acceleration as a deliberate strategy to deport as many people as possible before that form is officially recognized as parole.
"They are advancing so much, so much, so much in the Courts that it makes me think they want to do all this before the I-220A is paroled; to have the largest number of deportees possible," affirmed Marcelo.
The lawyer describes a chaotic situation that overwhelms the entire immigration system, not just the Immigration and Customs Enforcement. "It's not just ICE; it's the whole system. We are really going crazy," she remarked.
Immigrants receive notifications of scheduled hearings for the following month without prior knowledge, leaving them with no time to gather funds or hire legal representation. According to Marcelo, appearing without a lawyer is an extreme risk: "They will have to go to court alone, which is practically suicide."
Behind the advancement, there is a logic that the lawyer explains clearly: if the I-220A is ultimately recognized as parole, those who have already been deported could request the reopening of their cases through a motion—form 1065—but that process would involve more time and more money.
"If the I-220A is parole, you need to ask the judge to reopen the case. 'File a 1065 for me, make a motion to have the case completed, they send it to the judge. And then it's money and money and money. I believe that what is there is that will,' he warned."
This alert arises in the context of the case of Dairon Fuentes Rodríguez, a Cuban with an I-220A, detained in Texas since December 4, 2025, whose wife— a lawful resident— is over 36 weeks pregnant. Fuentes requested voluntary departure, was taken to the airport, but Cuba refused his entry and he was returned to the detention center. A second Cuban with an I-220B attempted to leave via Panama to Cuba: both countries rejected him, and he returned to the United States with an electronic ankle monitor.
Marcelo also responded to a question from a viewer about whether a parent with permanent residency can sponsor a married child with an I-220A. The answer was unequivocal: "Resident parents cannot petition for married children." Even if the parent were a citizen, the category of married adult children of citizens involves very long wait times for visa availability, and the prosecutor would not close the Court for that reason.
Regarding the mass notifications being sent to USCIS accounts, the attorney explained that they are in response to court orders. She mentioned that in early June, a judge ordered the processing of the cases, and recently another judge also inquired about the pending work permits. However, she clarified that these emails do not guarantee an immediate resolution. They are simply sent to convey the message: "I am processing the case."
According to Liudmila Marcelo, that does not mean that these cases will be resolved this month, next month, or within two months. "They just want to say: 'I am processing.'"
The litigation regarding whether the I-220A is equivalent to parole has been ongoing in the courts for years. In February 2026, the 11th Circuit of Appeals overturned BIA decisions and remanded the cases for further review, without declaring automatic eligibility for residency. Judges in Orlando, New Orleans, and San Antonio have granted residency to Cubans with I-220A, interpreting it as valid parole, but the federal government has appealed all those decisions, leaving them in suspension.
The lawyer Willy Allen had already warned along the same lines that Cubans with I-220A should never accept voluntary departure, a stance that Marcelo fully agrees with: "As long as you're here, you have hope that if the I-220A is granted parole, you'll be included. However, if you're not here, you lose that possibility."
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