Willy Allen's Advice to Cubans with I-220A: "Never Accept Voluntary Departure"

Immigration attorney Willy Allen has issued a strong warning to Cubans holding an I-220A who are not in detention: never accept voluntary departure if there's a chance to fight your case from within the United States.

This cautionary advice stems from the case of Dairon Fuentes Rodríguez, a Cuban who requested voluntary departure to avoid a 10-year penalty for formal deportation. He was sent to Cuba, but the regime in Havana rejected him, sending him back on the same flight despite having no criminal record in Cuba. U.S. immigration authorities subsequently returned him to a detention center in Texas, where he has been imprisoned for seven months.

Navigating Complex Immigration Scenarios

"My advice has always been: if you're a Cuban with an I-220A and not in detention, and you want to fight, do not accept voluntary departure," Allen emphasized during a conversation with Tania Costa.

Allen meticulously explained why this decision can be disastrous. Voluntary departure allows 90 to 120 days to leave the country, but legal re-entry might take four years or more. For Dairon Fuentes to return legally, three interconnected steps are required: approval of the I-130 — a family petition filed over two years ago — approval of an I-601A waiver for illegal entry — currently taking about 43 months to process — and completion of a consular process. Additionally, there's a two to three-year penalty associated with voluntary departure.

"He needed the I-130 approved, an I-601A waiver for illegal entry approved, and it had to be a consular process, which can be delayed, with a two to three-year penalty for voluntary departure. This would have delayed his return to the United States by at least four years," Allen detailed.

The Impact of Family Separation

While Dairon Fuentes remains detained, his wife, Aylín Hernández, who has parole and is 36 weeks pregnant, is the sole family provider. "Four years apart from his wife and children. One must consider all factors and be well-informed," the lawyer stressed.

Allen disclosed that he personally tries to avoid voluntary departures and only agrees to them when the destination country ensures the migrant's reception. Of the two Cubans he accepted for this option, one had residency in Mexico, and the other needed to travel to Cuba for Spanish nationality paperwork. "I strive to avoid voluntary departures," he reiterated.

Cuban Regime's Non-Compliance

The case of Dairon Fuentes also highlights the Cuban regime's non-compliance. Under the migration agreement signed with the Obama administration in January 2017 — when the "wet foot, dry foot" policy was abolished — Cuba agreed to accept the repatriation of all its citizens who entered the United States after March of that year. Dairon Fuentes entered in 2022, fitting this framework, yet the regime still refused to accept him. More than 42,000 Cubans currently have final deportation orders that Cuba refuses to execute.

The alternative Allen advocates for Cubans with I-220A is to contest their case from within the U.S. through appeals. While the process can be lengthy, it offers a tangible path forward: "During the appeal, the I-220A can transition to parole. Deportation is lifted, and you become a resident. It's about being informed and understanding the situation."

This route gained momentum following a ruling by the Eleventh Circuit Court of Appeals in February 2026, which overturned previous decisions by the Board of Immigration Appeals and ordered a reevaluation of admission criteria for Cubans with I-220A, potentially paving the way to residency under the Cuban Adjustment Act. Between 400,000 and 500,000 Cubans in the U.S. are in this situation, awaiting a final resolution.

Allen minced no words in describing what happened to Dairon Fuentes: "It's incredible to me that Cuba put him in this position. I-220A, he requested voluntary departure, his country didn't accept him, and now he's incarcerated here in the United States."