In a groundbreaking decision on Tuesday, immigration attorney Liudmila Marcelo achieved a significant legal victory in the Orlando, Florida Immigration Court. A judge granted permanent residency to a Cuban client holding an I-220A form, interpreting it as a valid parole under the Cuban Adjustment Act. Marcelo shared this development during her weekly program on CiberCuba.
"We are absolutely thrilled, both we and the client, because it was a tough battle, and the outcome we desired was achieved—defending and securing the residency," Marcelo expressed.
The Legal Battle Unfolds
The legal proceedings began around March 10, when Marcelo submitted a residency application and the client's asylum case during a master hearing. The government representative swiftly opposed with a motion to block the application, arguing that the I-220A does not equate to parole and that immigration judges lack the authority to make such determinations.
Marcelo's legal argument hinged on a government admission in the Mark Prada lawsuit from the Eleventh Circuit, where it was acknowledged as an error to release individuals with I-220A. Under section 1225 of the law, the only legal release method was through parole 212(d)(5).
While the government argued it would be "unfair" for migrants to benefit twice from the mistake, Marcelo countered, emphasizing that justice should be grounded in law. "What may seem unfair to the government is indeed fair for the immigrant," she argued.
Judicial Decision and Its Implications
The judge endorsed Marcelo's analysis, clarifying that he was not granting a new parole but recognizing that the client had been released with parole initially and met all residency requirements. This distinction is crucial, as it means the judge wasn't creating a new status but acknowledging the existing one.
However, Marcelo cautions that this victory isn't universally applicable to all Cubans with I-220A. "Each immigration case is unique," she stated, noting that only two judges in Orlando currently embrace this concept. Presenting the case to the wrong judge could mean losing the $2,980 processing fee without success.
What Lies Ahead
The government has 30 days to appeal the ruling. If they don't, the client will receive permanent residency. If they do, the residency is suspended, although the client cannot be deported during the appeal. Marcelo is "almost certain" the government will appeal, yet sees it as an opportunity.
"An appeal means these cases continue reaching the BIA, pushing them to finally decide that I-220A is parole. I believe this will be the outcome, as there's no other escape route now," Marcelo stated.
This ruling adds pressure on the Board of Immigration Appeals (BIA), which has issued contradictory rulings on the I-220A. In February, the Eleventh Circuit overturned BIA decisions denying eligibility for adjustment under the Cuban Adjustment Act for I-220A holders, ordering a review without a definitive resolution. A similar precedent occurred in August 2025 in New Orleans, where another judge granted residency to a Cuban with I-220A under the same reasoning.
Signs of Change
In parallel, Marcelo reported signs of a gradual easing of the migration pause. She had predicted an end to the pause by May-June. Starting May 1, she began receiving residency interview appointments, including one for an I-220A case initially submitted by a notary.
"They seem reluctant to officially declare the pause over, perhaps to avoid triggering alarms, but they're easing it gradually," she noted regarding the unofficial lifting of the pause, which a federal judge declared illegal on April 28.
Marcelo advised that these initial interviews will be "very intense," urging applicants to be thoroughly prepared. This appears to be a testing phase before officially lifting the pause.
I-220A Residency and Immigration FAQs
What is the significance of the I-220A form for Cuban immigrants?
The I-220A form has become significant as a judge interpreted it as a valid parole under the Cuban Adjustment Act, potentially qualifying holders for permanent residency.
Why might the government appeal the decision to grant residency based on I-220A?
The government may appeal to challenge the interpretation of I-220A as a valid parole, which could affect broader immigration policies and precedents.
How does this decision impact other Cuban immigrants with I-220A?
While potentially influential, this decision does not automatically apply to all I-220A holders. Each case is unique, and outcomes can depend on the presiding judge.