The recent court decision that overturned the visa suspension due to "public charge" does not open any doors for Cubans with pending consular appointments. This was warned by Immigration attorney Liudmila Marcelo in an interview with Tania Costa, discussing the actual scope of the ruling issued on August 22 by federal judge Jeannette Vargas, who overturned a layer of the Travel Ban applied to 75 countries, including Cuba.
Marcelo explained that the Travel Ban affecting Cuba is not a single measure, but operates on two distinct levels. "The first level was public safety, national security, and the second level was related to public charge. They eliminated the second level. We still have the first level," noted the lawyer.
The issue for Cubans is that the Island was subjected to both levels simultaneously, unlike other countries that only faced restrictions related to public charge.
"Cuba was subjected on both levels. So it was a relief, but the problem is still not resolved," Marcelo clarified.
The first level originates from the presidential proclamation signed by Donald Trump on June 4, 2025, which suspended the entry of Cubans with B-1, B-2, F, M, and J visas, explicitly citing Cuba's designation as a state sponsor of terrorism, its lack of cooperation in deportations, and the rate of overstays. This measure was reaffirmed in December 2025 and January 2026, and Judge Vargas's ruling does not address it.
When the host Tania Costa asked if that first level was related to the list of terrorism sponsors, Marcelo responded directly: "They are not going to remove that."
The practical consequence is clear: consular processes for Cubans remain frozen.
"Then it means that everything in the embassy is still paralyzed," Costa suggested. "Exactly. At least for the Cubans," Marcelo confirmed.
The lawyer clarified that the situation is different for countries that were only subject to the public charge rule: "Countries that were only subject to the public charge aspect can now proceed with their consular processes and their visas."
For those with upcoming consular appointments, the message from Marcelo was clear and straightforward: “People who have an interview pending this week or next month should understand that they cannot be issued a visa.”
The ruling by Judge Vargas, which Reuters described as a setback for Rubio's immigration policy, does indeed require the reevaluation of applications denied solely on the basis of public charge, with retroactive effect. The parties have until September 11 to suggest how to resolve the pending issues in the case.
Marcelo also answered audience questions about individual cases without immigration documentation, always recommending the same path: "You need to analyze your case with a lawyer. You have to request a FOIA to see what history exists, what immigration has on your case. Every case is different."
Meanwhile, Cuba's designation as a state sponsor of terrorism—reinstated by Trump at the beginning of his second term after being briefly lifted by the Biden administration—remains a structural obstacle that keeps consular processes for Cubans stalled, with no signs of change in the short term.
In addition, the U.S. Department of State confirmed this Wednesday the temporary suspension of all appointments for the processing of immigrant visas at embassies and consulates worldwide, a measure initially reported by the Financial Times and later confirmed by Reuters. A spokesperson for the Department of State attributed the pause to extensive training for consular officials in all diplomatic missions.
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