The immigration lawyer Liudmila Marcelo responded this Thursday in CiberCuba to a series of questions concerning three situations that are causing significant uncertainty in the Cuban community in the United States: what happens to unaccompanied minors who entered through the border, what is happening with the commercial licenses of truck drivers, and how to manage a residency application with the U.S. Citizenship and Immigration Services (USCIS).
The responses were given during a live broadcast hosted by Tania Costa, on the same day that a key federal hearing in Miami was held regarding the case Bello-Rubio v. Noem, the class action lawsuit led by attorney Mark Prada that includes 992 Cubans with I-220A and seeks to have that document recognized as equivalent to a parole in order to benefit from the Cuban Adjustment Act.
Minors with I-220A: it depends on how they entered
A follower inquired about her 15-year-old granddaughter, who carries an I-220A, and has been in the United States for four years without receiving a response from the court. Marcelo explained that the situation varies depending on the circumstances of entry.
If the minor arrived with her parents, her migration process is linked to theirs, and it is possible that the date of her final hearing simply has not arrived yet. But if she entered alone, the situation is different: “If she entered alone, she falls under a category of minors who arrived unaccompanied, and this process can lead to different avenues before she turns 21."
Marcelo also advised taking action without delay if the minor's father has any legal status in the United States. "If her dad has status, I would start the petition process. It doesn't matter if he is a resident, just that he does it." As long as the young woman is under 21, she does not need to apply for a waiver to begin a consular process, which presents a window that should be taken advantage of.
Withdrawal of truck drivers' licenses: they do not lose everything
Another common concern within the community relates to commercial licenses. Marcelo clarified a point that many are unaware of: what is lost is not the regular driver's license, but the special license for trucks (CDL). "They are not taking away your driver's license; they are taking the special license for driving trucks. You keep the other one," he specified in response to another follower of CiberCuba who shared that a friend was stopped by the police on the highway and had their CDL revoked because they did not speak English well.
To regain the CDL, the affected individual would have to go back through training school, which Marcelo recognized as very unfair for those who depend on that activity to make a living. The lawyer emphasized that most Cuban truck drivers have extensive experience and are serious about their work, and that traffic signals are practically international. However, she warned that during inspections, it is indeed necessary to understand the commands of the inspector.
"You need to learn English, folks, you have to learn at least the basics to be able to defend yourself in that kind of encounter with the police," noted Tania Costa.
This restriction stems from a federal rule by the FMCSA published in February 2026 and effective since March, which limits non-domiciled CDLs to individuals with H-2A, H-2B, or E-2 status, effectively excluding holders of I-220A.
Requests to USCIS: With or Without a Lawyer
Regarding residency applications to USCIS, Marcelo indicated that they can be made directly or with legal assistance. The key is to know where the case file is located: it may be at the National Benefit Center or may have already been transferred to a local agency. If it is sent to the national center, they will redirect it to the appropriate office.
Regarding the collective case, Marcelo summarized the outcome of Thursday's hearing with caution but optimism: "At least we didn't take a step back, and the battle remains here. The lawyers managed to keep the case going and ensured that the judge did not dismiss it."
The lawsuit could pave the way for residency for hundreds of thousands of Cubans if it is ultimately certified as a class action, which would extend any favorable ruling to all holders of I-220A in the country, regardless of the state in which they reside. The next hearing is scheduled for the end of September.
Las dudas sobre el I-220A, visas y trámites ante USCIS siguen siendo una prioridad para muchos cubanos en Estados Unidos. Mantente al día con todo lo que necesitas saber en nuestra sección de
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