The Cuban Adjustment Act is the direct pathway for Cubans to obtain permanent residency, but there are other options for those with an I220A who have not yet been accepted under this law.
In recent years, hundreds of thousands of Cuban immigrants have entered the United States illegally through the southern border and received an I220A document upon entry. This document has been a significant obstacle for many seeking to obtain permanent residency through the Cuban Adjustment Act. While some have managed to change their I220A for parole, allowing them to receive Green Card approval, many others have been denied, and many more are still waiting for a response to their applications.
The I220A is a conditional parole that, so far, has not been accepted as the necessary entry permit to apply for the Cuban Adjustment Act. This has left many Cuban immigrants in a state of uncertainty. At Legal en USA, we want to provide crucial advice to the Cuban community in this situation: there are other options for obtaining residency. Do not rely solely on the Cuban Adjustment Act; consider other processes such as family petitions, employment petitions, or the proper preparation and defense of your asylum case to obtain permanent residency in the United States.
What is currently happening with Cubans with I220A?
Although some have managed to become residents, either because they have received interim parole or because they have argued to USCIS that their cases were mishandled at the time of their entry into the country and have managed to receive parole instead of their I220A, the reality is that most Cubans in this situation have not been able to obtain residency through the Cuban Adjustment Act.
What other options are there besides the Cuban Adjustment Act for those with I220A?
Family Petitions
Many Cuban immigrants have partners in the U.S. who are residents (possibly because they received parole at the border) or citizens. These individuals are in a position to be petitioned by their partners. Currently, the waiting list for family petitions is approximately 2 years and 8 months.
Labor Certification
This option allows any worker with a job offer in the United States to undergo labor certification and subsequently obtain residency. The current wait time for employment petitions is around 2 years. Once the process with the Department of Labor is complete, you can apply for residency with USCIS.
Prepare and obtain asylum
It is crucial to properly prepare your asylum case. Many immigrants wait until their court date approaches to consult a lawyer, only to find that their application is incomplete or contains errors. A well-prepared asylum case increases your chances of success. Unfortunately, many cases lack sufficient evidence, making them difficult to win. It is essential to seek legal advice early on to guide and represent you in the process. Legal representation can significantly increase your chances of success or provide a specialized assessment of the viability of your case.
How does illegal presence affect the residency process?
Entering the country illegally or overstaying your visa or parole results in accumulating illegal presence in the U.S. This can lead to penalties that may prohibit re-entry for 3 to 10 years.
- Asylum Application within Six Months: If you apply for asylum within the first six months of your arrival, you avoid these penalties as you have not accumulated six months of illegal presence.
- Asylum Application after Six Months but before One Year: You will need to request a waiver for the accumulated illegal presence.
- Asylum Application after One Year: Exceptions exist that allow you to apply after one year if there are changes in your home country's situation or family incidents. However, you could face a 10-year re-entry ban if you leave and wish to return, which will also require a waiver.
In all these situations, legal advice from an immigration lawyer is essential. Currently, waivers are taking around 43 months to process.
At Legal en USA, we want to ensure you are protected and receive the best service. You should know that the only ways to contact our office are through our social media, the phone numbers 305-446-8686 and WhatsApp 305-301-9237, or by email at info@esotopa.com. Stay informed and seek professional legal guidance to effectively face these challenges.
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