Asylum, parole and I-220A

The Cuban Adjustment Act (CAA), enacted in 1966, allows Cubans who were formally admitted or paroled into the U.S. and have been physically present for at least one year and one day to apply for permanent residency (a green card). It is a unique privilege that exists for no other nationality. In 2026, however, it faces serious limitations due to Trump's policies and the ongoing legal controversy over the I-220A document.

Currently, NO. In 2022, DHS argued in court that the I-220A (Order of Release on Recognizance) is not equivalent to the formal parole the CAA requires. In 2023, a federal appeals court ruled in the government's favor, closing that door for approximately 500,000 Cubans. However, multiple lawsuits — including a class action led by Miami attorney Mark Prada — are seeking court recognition of I-220A as equivalent to parole. The situation remains under active litigation.

Those with serious criminal records (aggravated felonies such as murder, kidnapping, drug trafficking, major fraud) lose CAA protection and become deportable. Also vulnerable are people who entered without inspection, those with I-220A who lack formal parole, and those with final deportation orders. The 302 Cubans deported in the first two months of 2026 largely fell into these categories.

It depends on each case. Alternatives include: applying for asylum if there is documented political, religious, or identity-based persecution; requesting an immigration waiver if more than 15 years have passed since a qualifying conviction without reoffending; obtaining humanitarian parole; or being petitioned by a U.S. citizen or permanent resident family member. In all cases, consulting an immigration attorney is essential before taking any action.

The fraudsters created a firm called 'CM Bufete de Abogados Consultoría Migratoria' and recruited victims primarily through Facebook. They charged hundreds to thousands of dollars and then staged fake asylum interviews and court hearings via video call, wearing judicial robes and law enforcement uniforms and displaying DHS flags and USCIS signs in the background to appear official.