Can Cubans Who Entered the U.S. with Humanitarian Parole Still Apply for Residency Under the Cuban Adjustment Act?

The termination of the humanitarian parole program has stirred numerous uncertainties among Cubans who legally entered the U.S. under this status and have not yet met the year-and-a-day requirement to apply under the Cuban Adjustment Act. Many are concerned about losing their immigration status, which is crucial for pursuing permanent residency in the country. To shed light on this situation, Univision reached out to immigration attorney Rosaly Chaviano, who elaborated on the potential pathways for these migrants and the tangible effects of the new measures implemented by the current administration.

Implications of the Parole's End and Exit Notices

With the rollback of the humanitarian parole, U.S. authorities have begun dispatching notices to thousands who entered the country legally but have not yet initiated any formal immigration process. These individuals received a stark warning: they must voluntarily leave the United States within 30 days if they wish to avoid remaining undocumented and potentially facing deportation proceedings.

Uncertainty for Cubans Not Yet Eligible for the Adjustment Act

Cubans who arrived with humanitarian parole and have not yet completed the required one year and one day in the U.S. find themselves in a precarious situation. Nonetheless, attorney Rosaly Chaviano offered a hopeful perspective for this group. She explained, "The parole is a temporary authorization that allows them entry into the United States. In the specific case of Cubans, the intent to revoke this parole by April 24 doesn't render them ineligible for residency. Even if the parole is revoked and no longer valid, it remains useful for residency purposes."

Chaviano emphasized that the key lies in having fulfilled the physical presence requirement in the United States. "They must have a year of physical presence (in the U.S.). After completing this, with the parole, even if it has expired or been revoked, which they intend to do, they can still use it for residency purposes," she clarified. Essentially, even if the parole is annulled, as announced, Cubans who obtained it and have resided in the U.S. for at least a year can apply for permanent residency under the Cuban Adjustment Act.

Asylum Seekers and Recent Changes

Beyond parole, another avenue utilized by migrants of various nationalities, including Nicaraguans and Venezuelans, has been political asylum. Recent changes have been announced in this domain, though with varying impacts. "The recent announcements are essentially a pause, a temporary suspension regarding the residencies of those who have already secured asylum and refugees. Those currently with pending asylum cases face no changes for now, so they shouldn't worry," Chaviano assured.

She emphasized that the measure does not affect those still awaiting responses to their asylum applications. "This notice in the federal register doesn't mean they can't currently apply for asylum, so anyone wishing to file can still do so," she noted.

Employment for Asylum Recipients: No Permit Needed

Chaviano also addressed a common misconception regarding the employment status of those who have successfully obtained asylum. She confirmed that these individuals can work without needing a specific permit, though many apply for one to secure official identification. "It means they can work indefinitely (in the U.S.). These individuals don't necessarily need residency or a work permit for this authorization, as it's specific to those who have won asylum," she explained.

She added that many seek the physical document: "Typically, these individuals want an ID, and this ID is essentially this card (the work permit), but not having the card doesn't prevent them from working, and understanding this distinction is important."

Increased Scrutiny at Airports: A Caution for Those with Criminal Records

Addressing another aspect of immigration control, Chaviano warned about the risks of traveling abroad for permanent residents or citizens with criminal records. She noted that under the current administration, immigration officers are required to thoroughly question those re-entering the country with criminal backgrounds. "The officer has that option, but currently, it's almost mandatory (obligatory) under our administration, that if these individuals have a criminal record, they must be taken to a separate room for further questioning to determine if they'll be detained. So, the best advice for those with a criminal record is not to travel outside the U.S. at this time," she advised.