Immigration attorney Liudmila Marcelo has issued a clear warning for those holding the I-220A form as summer approaches: avoid traveling within the United States, especially to places like Puerto Rico or Hawaii.
During an interview with Tania Costa for CiberCuba, Marcelo addressed audience inquiries about specific immigration situations amidst the current tightening of immigration policies.
"If you possess an I-220A, I strongly advise against traveling even domestically, and especially not to Puerto Rico or Hawaii, as many clients have inquired," the attorney stated.
Marcelo was careful to clarify that her warning does not guarantee detention. "I'm not saying you'll be detained if you travel because you might not be. However, you won't hear from me that traveling is completely safe," she emphasized.
The risk, she explained, lies in the unpredictability of ICE operations. "You never know whom they might choose to detain on any given day or at which airport they will be present. Therefore, I cannot advise traveling," she stressed.
The attorney recognized valid exceptions, such as those who need to travel to another state for a court appointment or to visit a sick family member. However, she was firm regarding leisure travel. "For vacations, I do not recommend it. I'm not trying to scare people, but it's not true that everyone who travels is detained."
This warning comes as ICE aims for 2,000 daily detentions by July 2026, with more than 10,000 arrests in just five days, significantly impacting Florida and the Cuban community.
Understanding the I-220A Form
The I-220A is a release on recognizance order issued by ICE to individuals in removal proceedings; it does not grant permanent immigration status nor full protection against detention.
Marcelo also advised permanent residents planning international travel. "Remember, you cannot travel abroad with a pending case or even a resolved case. If you have any criminal record, recently a decision was made that even with a pending case, they can initiate a process to revoke your residency," she warned.
FOIA Requests and Immigration Records
In another segment of the discussion, Marcelo responded to a viewer with CBP ONE who asked if a FOIA (Freedom of Information Act request) could include records of their U.S. entry and previous visas. Marcelo explained that when submitting this request, one can specify exactly which documents are needed. "When applying for a FOIA, carefully select the information you want, and you'll be provided a place to specify exactly what you are requesting," she advised.
She clarified that such documentation is usually found at the National Visa Center, not USCIS, but recommended requesting it anyway.
Regarding FOIA, Marcelo reiterated her general advice: "I recommend everyone to request their FOIA. If you have copies of your residency and asylum, there's no issue because you already have them. However, if you need copies due to potential discrepancies in your applications, that could cause problems."
The attorney has achieved significant legal victories for Cubans with I-220A in 2026: in May, an Orlando judge granted residency to a Cuban with this document, interpreting it as valid parole under the Cuban Adjustment Act, and in the same month, a Cuban woman with I-220A obtained her residency in record time. Nonetheless, the overall situation for this community remains highly uncertain, and the attorney also cautioned in June about the mass rescheduling of hearings without prior notice, advising to check the system twice a week.
Key Considerations for I-220A Holders
What is the I-220A form?
The I-220A is a release on recognizance order issued by ICE to individuals in removal proceedings. It does not provide permanent immigration status or full protection against detention.
Why should I-220A holders avoid traveling?
Traveling poses a risk due to the unpredictability of ICE operations. There is no certainty about who may be detained on a given day or at which airport, making travel a potentially risky endeavor for I-220A holders.
Are there exceptions to travel restrictions for I-220A holders?
Yes, exceptions include traveling to another state for a court appointment or to visit a sick family member. Leisure travel is strongly discouraged.
What should permanent residents consider before traveling abroad?
Permanent residents should avoid international travel if they have a pending or even resolved legal case. A criminal record might lead to revocation processes for their residency.
How can a FOIA request be helpful for immigrants?
A FOIA request allows individuals to specify and obtain important immigration documents, which can clarify discrepancies in applications and potentially prevent issues.