Immigration lawyer Liudmila Marcelo has recently clarified why countless Cubans have been left in limbo, waiting for years without resolution on their residency applications in the United States. The lack of clear responses from immigration authorities has left many frustrated and uncertain.
This issue was highlighted by a CiberCuba follower named Alberto, whose daughter, having entered the U.S. under Parole 212(d)(5), has been awaiting a decision for over two years. The only response they've received from the U.S. Citizenship and Immigration Services (USCIS) has been a generic assurance that "Everything is fine, you just need to wait."
Understanding the Legal Loophole
Marcelo has confirmed that this response is standard, pointing out that while the wait time is unusually long, USCIS commonly tells applicants that it is normal and to continue waiting. The agency relies on a legal loophole, as there is no officially established processing time for Cuban Adjustment residency cases, leaving applicants with no timeline for when to expect a decision.
The Impact of Policy Changes
Adding to the historical delays, there's now a secondary layer of waiting due to the immigration halt implemented by the Trump administration in January 2026. This halt, although now somewhat relaxed, has had a severe impact, with green card approvals for Cubans plummeting from over 10,000 monthly in October 2024 to just 15 by January 2026—a staggering 99.8% decrease, according to the CATO Institute.
Strategizing a Path Forward
Marcelo also highlighted a disturbing trend with several of her clients, where cases are being moved to the immigration court system via a Notice to Appear (NTA). She cited a specific instance where a client, after waiting for three years, was called to court only to find her case was not yet in the system, and she was given a future court date.
Faced with this situation, Marcelo outlines two possible scenarios. If the immigration halt is lifted before a case is transferred to court, USCIS will directly grant residency. Conversely, if the case has already been sent to court, the applicant must present their case before a judge, which Marcelo views as a favorable route. "Defending the residency in court is the best solution. With parole 212(d)(5), there’s no complication. Nothing can go wrong," she stated confidently.
Moving Towards Resolution
Amidst the ongoing legal challenges to the immigration halt and signs of potential easing, Federal Judge George L. Russell III deemed the measure illegal on April 28, though his ruling only applies to 83 specific plaintiffs. Since May 1, new residency interview appointments have been reported, which Marcelo sees as a sign of progress.
During this period, Marcelo successfully secured residency for a Cuban client in Orlando using the I-220A form, arguing it constitutes valid parole, in line with a decision from the 11th Circuit Court of Appeals in February 2026.
Regarding the timeline for resolving the pause, Marcelo was emphatic: "May-June. If this isn't resolved by then, it's 'mandamus' for everyone, because this has gone on long enough."
The program's host, Tania Costa, captured the prevailing sentiment: "At least we have some flexibility now, so while you don't have a crystal ball, your intuition is quite strong."
Common Questions About Cuban Residency Delays
Why are Cuban residency applications experiencing such long delays?
The delays are largely due to a lack of established processing times for Cuban Adjustment residency cases and the impact of the immigration pause initiated by the Trump administration in 2026, which has caused a significant backlog.
What options do applicants have if their case is transferred to immigration court?
If a case is transferred to immigration court, applicants will need to defend their residency claim before a judge. Attorney Liudmila Marcelo considers this to be a favorable option, particularly for those with parole 212(d)(5), as it provides a direct avenue to present their case.