I-220A and I-220B Forms: Complete Guide for Cubans

Thousands of Cubans in the United States live in uncertainty due to I-220A and I-220B forms. This guide explains what these documents mean, the differences between them, current risks, and available legal options.

What is Form I-220A?

The I-220A or “Order of Release on Recognizance” is a document that Immigration and Customs Enforcement (ICE) gives to some people who were detained and then released.

What it DOES mean:

• You were released from ICE custody
• You must comply with certain conditions (attend hearings, report)
• You have a pending case in immigration court
• You have an “A-Number” to track your case

What it does NOT mean:

• It does not grant you legal immigration status
• It is not considered “parole” by the federal government
• It does not automatically allow you to apply for the Cuban Adjustment Act
• It does not protect you from deportation

What is Form I-220B?

The I-220B or “Order of Supervision” is given to people who:

• Already had a process in immigration court
• Lost their case and have a final deportation order
• Were released under supervision while deportation is executed

⚠️ Important: If you have an I-220B, you technically already have a deportation order. You’re on “conditional release” until it’s executed.

Key differences between I-220A and I-220B

Feature	I-220A	I-220B
Deportation order	No (generally)	Yes
Court process	Pending	Already finished (lost)
Immediate risk	Lower	Higher
ICE supervision	Variable	Mandatory
Possibility of adjustment	Under legal dispute	Very difficult

The Problem with the Cuban Adjustment Act

The Cuban Adjustment Act allows Cubans who arrive in the US to apply for permanent residence after one year and one day. But there’s a crucial requirement: you must have been “admitted or paroled.”

The federal government does not recognize the I-220A as parole, which means:

• Thousands of Cubans cannot apply for the Adjustment Act
• They remain in “immigration limbo”
• There’s no clear path to residence

The legal case that could change everything

In December 2025, the 11th Circuit Court of Appeals in Atlanta heard arguments about whether the I-220A should be recognized as a legal entry for purposes of the Cuban Adjustment Act.

Attorney Mark Prada argued that the releases were improperly processed and should have been recorded as parole.

A favorable ruling could:

• Allow more than 400,000 Cubans to apply for residence
• Establish a national legal precedent
• Change the interpretation of the I-220A

However, the decision could take months and potentially reach the Supreme Court.

A Case of Hope: Dayan Hernández-Medina

In February 2026, an immigration judge in Arizona approved the adjustment of status for Dayan Hernández-Medina, a Cuban with I-220A who faced deportation.

Key points:

• The Department of Homeland Security (DHS) initiated deportation proceedings
• The judge granted Adjustment of Status under INA § 245(a)
• DHS had 30 days to appeal but did not
• Hernández is the first Cuban to obtain residence while detained by ICE with an I-220A

This case establishes an important precedent for other Cubans in similar situations.

What to do if you have an I-220A

1. Consult with an immigration attorney

Don’t make decisions without legal advice. Find an attorney experienced in Cuban cases and the Adjustment Act.

Free resources:

• Asylum Seeker Advocacy Project (ASAP)
• Catholic Charities Legal Services
• Americans for Immigrant Justice

2. Keep all your documents

• Keep copies of your I-220A
• Preserve evidence of your entry into the country
• Document any communication with ICE

3. Comply with your obligations

• Attend all ICE appointments
• Submit all required documents
• Notify address changes

4. Consider your options before ICE check-ins

Some Cubans have been detained during routine appointments. An attorney can:

• Evaluate if it’s safe to attend
• Accompany you to the appointment
• Prepare legal arguments if there are problems

5. Follow the legal cases

Cases in the 11th Circuit and 2nd Circuit could change your situation. Stay informed.

What to do if you have an I-220B

Your situation is more urgent because you already have a deportation order. You should:

1. Seek an attorney immediately - Evaluate options like case reopening, habeas corpus, or appeals
2. Don’t miss ICE appointments - Could result in detention
3. Explore humanitarian relief - Asylum, CAT (Convention Against Torture), or cancellation of removal

Additional resources

• Check your case status: EOIR Portal
• Change address with immigration: Form AR-11
• ASAP helpline: Information about I-220 forms

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This information is for guidance only and does not constitute legal advice. Every case is different. Consult with a qualified immigration attorney to evaluate your specific situation.

Related:

• 45,000 Cubans Face Deportation Orders in the US
• 170 Cubans deported on first flight of 2026
• Nicaragua closes migration route for Cubans