Thousands of Cubans with I-220A forms remain trapped in migration uncertainty with no resolution in sight, and the question that most frequently arises among those affected is always the same: when will the anguish end?
In a recent program from CiberCuba, immigration attorney Willy Allen III was asked bluntly: "How much longer do you think the whole I-220A process will take? Do you believe this distress will ever end?" a viewer of CiberCuba wrote to him.
Allen III's response was honest, though it did not provide the comfort of a specific date: "I believe we will win the war, but it is impossible to say how much longer it may take. I understand the frustration."
The host Tania Costa took the opportunity to remind the lawyer of a previous prediction he made. "You said in March (of 2027). You made a bet, have you already forgotten? You went on vacation and forgot that you said by March, March-April of next year," she pointed out with humor.
Allen III admitted it directly: "Well, I talked about my 'guess' because the old man (Willy Allen, his father) and lawyer Liudmila Marcelo also gave their 'guess'. So what am I supposed to do? Say no, like always?"
To illustrate the seriousness of the situation faced by Cuban I-220As, the lawyer acknowledged that "it is very sad."
Another spectator, Yasmany Castro, presented a hypothetical scenario regarding the key audience of the case. "Looking at the glass half full and everything going perfectly, will it then be assumed that we are on parole? I know I'm being repetitive, but it's still not entirely clear to me," he wrote.
Allen explained the limits of what a favorable decision could achieve: "Imagine the judge says yes, that the I-220A is a parole. What happens? Well, in the Eleventh Circuit, the world changes. Until the moment the government appeals and the other circuit decides otherwise."
The audience referred to by the spectators is that of the case Bello-Rubio v. Noem, filed by 992 Cubans with I-220A before the Federal Court for the Southern District of Florida. Originally scheduled for August 26, it was postponed twice before being held on September 10.
On September 10th, Judge Jacqueline Becerra denied the federal government's motion to dismiss the lawsuit, allowing the case to proceed. She granted seven days to each party to argue about a potential certification as a class action, with a new hearing scheduled for the end of this month, September.
The legal core of the litigation is whether the I-220A form—a supervised release order issued by ICE—can be considered equivalent to a parole, which is an essential requirement to benefit from the Cuban Adjustment Act of 1966. The Board of Immigration Appeals had maintained that it does not equate to parole, blocking that pathway for thousands of people.
The promoters of the case estimate that a favorable decision could benefit between 500,000 and 600,000 Cubans in similar situations, although that figure has not been officially confirmed by the Court.
While the legal process continues, Allen III maintains his usual advice to those affected: never accept a voluntary exit or give up, and to wait for the courts to decide.
La situación del I-220A y otros temas que afectan a los cubanos en Estados Unidos siguen en constante evolución. En nuestra sección de encontrarás la cobertura más actualizada para mantenerte informado.
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