If you crossed the border and exited immigration custody through a I-220A form, you have probably been told that "you have parole" or, conversely, that the document "is worthless." Neither of these statements is accurate.
The I-220A is a release on recognizance order (Order of Release on Recognizance): it allows you to await your immigration proceedings in freedom, but with conditions, and it is not the same as humanitarian parole.
The difference is not a technicality.
The Cuban Adjustment Act requires individuals to have been "inspected and admitted or paroled" into the United States, and the Board of Immigration Appeals (BIA) has determined that release on parole does not meet that requirement.
That is why many Cubans with I-220A do not meet, solely with that document, the requirements to obtain residency through that route, although they can submit an application if they believe they meet the criteria due to other circumstances.
In this guide, we explain what the I-220A is, how it differs from the I-220B and parole, the current status of the legal battle as of this Tuesday, October 20, and what obligations you have in the meantime.
What is the I-220A exactly?
The I-220A is an ICE (Immigration and Customs Enforcement) form titled “Order of Release on Recognizance.”
The official form published by ICE indicates that release is granted "in accordance with section 236 of the Immigration and Nationality Act (INA)," which is the regulation governing the arrest and detention of foreigners while their case is being decided.
In practice, this means that the government has allowed you to leave detention in exchange for your commitment to adhere to certain conditions. Among those listed in the form are:
- Introduce yourself to the entire audience or during the interview when ICE indicates you to do so.
- To surrender you for deportation if so ordered.
- Enroll and comply with a Detention Alternatives program if your release depends on it.
- Do not change your place of residence without first obtaining written permission from the official indicated in the document.
- Do not violate local, state, or federal laws.
- Collaborate with ICE to obtain travel documents if necessary.
That is to say, the I-220A does not grant you immigration status. It releases you while your case is still open, usually before an immigration court.
I-220A, I-220B, and parole: three distinct documents
It is easy to confuse them because all three involve being in the United States without residency. However, they correspond to different situations:
- I-220A (release on parole order): is issued under section 236 of the INA to individuals whose process is not yet completed.
- I-220B (supervision order): according to the official ICE form, it is issued to those who already have a final deportation order that the government has not executed within the time frame established by law. It requires, among other things, to report in person whenever ICE requests and to notify in writing of any changes in address or employment 48 hours in advance.
- Humanitarian parole: is granted under section 212(d)(5) of the INA. It is a permit to enter or remain in the country for humanitarian reasons or in the public interest, and is usually recorded on form I-94.
The I-94 is the arrival and departure record from the Department of Homeland Security (DHS). According to the CBP fact sheet, you can check and print it on the official site i94.cbp.dhs.gov.
The USCIS Policy Manual mentions the I-94 among the valid proofs of inspection, admission, or parole for requesting adjustment of status.
Why is the I-220A not applicable today for the Adjustment Act?
The key decision is Matter of Cabrera-Fernández, published by the BIA on September 11, 2023.
The Board concluded that release on parole under Section 236 is "legally distinct" from humanitarian parole under Section 212(d)(5).
He added that applicants for admission released in that manner are "not eligible" to adjust their status under the Cuban Adjustment Act.
The BIA upheld this criterion in Matter of Roque-Izada, dated June 20, 2025.
There, he also rejected closing a deportation case merely due to the possibility that USCIS might grant parole in the future.
The preceding decisions of the BIA are what immigration judges apply. Therefore, as long as they do not change or a federal court declares otherwise, an I-220A by itself does not open the door to residency under the Adjustment Act.
What is the current status of the legal battle?
The debate remains open in the federal courts.
In Matter of Q. Li, dated May 15, 2025, the BIA itself stated that anyone who is detained upon arrival in the country falls under section 235(b) of the INA and that the only way to release them is through parole under section 212(d)(5).
That reasoning opened a new discussion about what legal basis actually supported the release of many migrants at the border.
On February 23, the Eleventh Circuit Court of Appeals (which covers Florida) overturned the BIA's decisions in two cases involving Cubans who were requesting Adjustment of Status, and sent them back to the Board for review.
The court noted that the government had changed its stance on the regulation governing the detention of those migrants and that the appeals courts are divided on the issue.
The resolution did not establish that all migrants released with an I-220A received parole.
That ruling did not declare the I-220A to be a parole nor did it grant residency to anyone. It merely ordered the BIA to review those cases again.
In Miami, there are still ongoing lawsuits from Cubans with I-220A: the government has requested the dismissal of one of them again, and there is no substantive decision yet.
Beware of anyone who promises they can "convert" your I-220A into parole in exchange for money.
What obligations do you have if you have an I-220A?
Although the document does not grant you status, violating its conditions can significantly worsen your situation. The most important thing:
- Do not miss any ICE appointments or court hearings. Appearing when summoned is the first condition of the form.
- Request permission before moving. The form requires written authorization from the officer before changing your residence. Additionally, you must separately fulfill the obligations of notifying your new address to USCIS and to the immigration court, when applicable, within the relevant deadlines.
- Follow your case in court. With your A number (the foreigner number that appears on your documents), you can check dates and status in the EOIR case information system, the office that oversees immigration courts.
- Fulfill the Alternatives to Detention program if you were enrolled in it.
What to do now?
- Check what document you have. Look at the title of the paper you received upon leaving custody and check your I-94 on the official CBP website. If you have an I-94 with parole, your situation may be different from that of an I-220A.
- Gather copies of everything: I-220A, citations, court notifications, proof of your visits to ICE, and any applications submitted, such as asylum or work permits.
- Consult with a lawyer or accredited representative. Cada caso es distinto: hay cubanos con I-220A que tienen un asilo pendiente, otros con una orden de deportación y otros con una apelación ante la BIA. Te puede servir lo que explicó una abogada sobre the I-220A with deportation order.
- Learn about the requirements of the Adjustment Act en nuestra , para saber qué te pedirían si algún día cambia tu situación.
- Stay updated on judicial news from reliable sources. A favorable ruling in a specific case does not automatically apply to all Cubans with I-220A.
Aviso legal: este artículo ofrece información general con fines exclusivamente informativos y no constituye asesoría legal. Las leyes y políticas migratorias de EE.UU. cambian con frecuencia. Para evaluar tu caso concreto, licenciado o un representante acreditado por el Departamento de Justicia.
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