Miami, United States. – In the midst of the uncertainty generated by the recent migratory measures in the United States, Immigration Lawyer Mayron Gallardo explained in An interview with Cubanet that Cubans with an I-220A form do not face deportation as long as they have open processes before immigration authorities.
“Cubans who have I-220a do not run any danger,” said Gallardo, who also assured that those who have submitted asylum requests before the Imigration Court or before the US Citizenship and Immigration Service (USCIS, for its acronym in English) are protected within the current legal framework.
However, the panorama is different for those who have form I-220b, as it represents an active supervision-deportation order. In these cases, Gallardo clarified, “ICE can execute deportation at any time” if you decide.
Arrests in border areas: What to do in case of being arrested
The lawyer also approached the recent detentions of immigrants in areas near the southern border of the USA cited the case of a Venezuelan arrested in Arizona, who had an open asylum process but did not carry with him the documentation that accredited him.
“If the border patrol stops someone in a town near the border and has no documents, the first thing they will assume is that it is illegal in the country,” he explained. Although this situation is not common in the rest of the US, in border areas there are more strict controls and a greater presence of immigration officers.
Therefore, he recommended to all migrants in asylum processes that they carry copies of the receipts of their application, either before USCIS or the Immigration Court, to avoid complications in case of being detained. “If they have nothing, Ice will arrest them, although they can then be eligible to go on bail,” he warned.
Cubans will not be sent to the Guantanamo Naval Base
One of the greatest fears among the Cuban community in the US has been the possibility of being sent to the Guantanamo Naval Base, due to the new Trump administration’s immigration policy.
Gallardo denied this concern and clarified that the Naval Base of Guantanamo is only being used to stop people considered a risk to national security.
“People who are sending Guantanamo are those with serious criminal records, linked to terrorist groups, to Aragua train Oa drug cartels, ”he said. In that sense, he stressed that Cubans without criminal history are not at risk of being sent to the military base.
He also explained that although there are Cubans with deportation orders since the 1980s and 1990s due to crimes committed at that time, these people have already served their sentences and are not within the high -risk categories that could lead to their detention.
Cubans with parole They must wait for the year and one day
Gallardo also addressed the situation of the Cubans who entered the US under the program of parole humanitarian and that have not yet fulfilled the year and a necessary day to request the residence under the Cuban adjustment law.
“Right now they are under status of parolebecause those Paroles They have not been revoked, ”he said. For those who seek additional protection, the lawyer recommended to submit an asylum application whenever they have a legal basis to do so.
However, it made it clear that requesting asylum is not mandatory and that those who prefer to wait until they complete the year and one day can do it without problems.
Specific cases: What to do in each situation?
During the interview, the lawyer answered several audience questions related to migratory procedures and possible risks.
Cubans with residence in process
Gallardo said that those who have already sent their application for the residence under the Cuban adjustment law do not run any risk and must be attentive to the reception of the acknowledgment of receipt by USCIS.
“The receipt comes home at one envelope and then they will receive another when the process advances. Subsequently, they will be summoned for fingerprints, ”he explained.
Cubans who entered with tourism visa
Another user asked what to do if he was admitted in the US with a tourism visa and has not yet initiated a migratory process.
Gallardo explained that these people can wait until the year and one day to apply to the Cuban adjustment law. However, he recommended requesting asylum if they have a legal basis to do so, since this would grant them greater security while waiting for the period required for the residence.
People in the process of appeal
On Cubans whose asylum was denied and are in the process of appeal, the lawyer indicated that while the appeal is ongoing, they cannot be deported.
“Appeals can take between one and two years, sometimes more,” he explained.
“Be as quieter as possible”
Gallardo emphasized that there is no reason to panic, but it did recommend that Cubans in the process of migratory adjustment be cautious and remain informed.
“If you have an open asylum process, they can’t deport you. All Cubans in that situation must be calm and wait, ”he reiterated.
For those who are waiting to apply to the Cuban adjustment law, he advised to avoid legal problems and maintain a low profile until the process is completed.
“Try to be as quieter as possible and avoid any incident that can complicate your immigration status,” he recommended. He also insisted that informing himself correctly and acting cautiously are the best strategies to guarantee legal stability in the US.
