Cubans Holding I-220A Forms Face No Deportation Risk, Immigration Lawyer Confirms

Amid growing concerns among Cuban migrants in the United States, an immigration lawyer has clarified that individuals with an I-220A form are not at risk of deportation if they have ongoing processes with immigration authorities. "Cubans with an I-220A face no danger at all," stated Mayron Gallardo in an interview with the independent outlet CubaNet. He emphasized that those who have filed asylum applications with the Immigration Court or the U.S. Citizenship and Immigration Services (USCIS) are protected under current laws.

However, the situation differs for those with the I-220B form, which signifies an order of supervision with the potential for immediate deportation. In these instances, the Immigration and Customs Enforcement (ICE) can execute deportation at any time.

Arrests Near Border Areas and Lawyer's Advice

Gallardo also touched on the issue of detentions in areas near the U.S. southern border, referencing a case of a Venezuelan detained in Arizona without documentation proving his immigration status. "If the Border Patrol stops someone in a town close to the border without papers, they will assume the person is illegally in the country," he explained.

These zones have stricter controls and a stronger presence of immigration agents. Therefore, he recommended that migrants involved in asylum processes carry copies of their application receipts, whether with USCIS or the Immigration Court.

Deportation to Guantanamo Bay Ruled Out

Moreover, the lawyer dispelled fears that Cubans without criminal records could be sent to the Guantanamo Bay Naval Base, which is a significant concern within the migrant community. He clarified that this detention center is used exclusively for individuals with severe criminal backgrounds or alleged ties to criminal groups like the Tren de Aragua or drug cartels.

Parole and the Cuban Adjustment Act

For Cubans who entered the U.S. under the humanitarian parole program, Gallardo reminded them that they must wait a year and a day to apply for residency under the Cuban Adjustment Act. While not mandatory, he recommended applying for asylum if they have a strong legal basis.

Growing Anxiety Among Cuban Immigrants Under Trump's Pressure

In recent months, immigration uncertainty has heightened for thousands of Cubans in the United States. In November 2024, lawyer Wilfredo Allen cautioned Cubans with I-220A about the importance of regularizing their status to avoid legal issues. Moreover, with the new immigration policies implemented at the start of 2025, fears of mass deportations have intensified, especially for those with open cases.

There are estimates that around 42,000 Cubans have deportation orders in the U.S. but have not been expelled due to the Cuban regime's refusal to accept them. Additionally, many migrants with parole have received conflicting information regarding their adjustment options, causing confusion and anxiety among applicants.

Guidance for Various Immigration Situations

• Cubans with residency in process: They face no deportation risk. They should stay alert for USCIS notifications and appointments for fingerprinting.
• Cubans with a tourist visa: They can wait until they have been in the U.S. for a year and a day to apply under the Cuban Adjustment Act or start an asylum process if they have legal grounds.
• Individuals in the appeal process: While their appeal is ongoing, they cannot be deported, although the process may take several years.

Gallardo stressed the importance of staying informed and acting cautiously. "If you have an open asylum process, you cannot be deported. All Cubans in that situation should remain calm and wait," he reiterated.