Cubans with I-220A could benefit from new immigration ruling. What can they do?

This Thursday, a U.S. immigration ruling could pave the way for bail and adjustment of status for Cubans with I-220A, who remain without parole and cannot access the Adjustment Act for permanent residence. Beware, there's also a catch.

A recent decision by the Board of Immigration Appeals (BIA) could have significant implications for thousands of Cubans in United States border crossers and were released without receiving formal parole.

Although the case was settled (Matter of Q. Li, 29 I&N Dec. 66, BIA 2025) focuses on a Chinese immigrant, its legal scope is broad and directly touches the situations of many Cuban migrants with I-220A forms.

What did the BIA decide? The BIA reaffirmed that those who enter the U.S. without admission or parole—including those who cross outside of an official port of entry—are considered “applicants for admission” under Section 235(b) of the Immigration and Nationality Act (INA). These migrants would be subject to mandatory detention, without the right to a bond hearing.

Furthermore, if they are granted parole and it is revoked, they must return to mandatory custody without the option of bail.

«The ruling in the Matter of Q. Li case does not directly mention Cuba, but its implications could impact thousands of Cubans who crossed the border and were released without receiving formal parole. While some experts see the decision as a legal window to move toward residency, others warn that It can also be used against them if they are arrested. again," he noted on his profile. Facebook the journalist Alexis Boentes.

How does this affect Cubans with I-220A?

Thousands of Cubans have been released by the Department of Homeland Security (DHS) on Form I-220A after crossing the border, without being admitted or granted formal parole.

This immigration category has generated legal confusion about whether these migrants are eligible to request bail or adjust their status.

The BIA's decision could be a useful legal tool for attorneys arguing that the I-220A is not a detention under Section 235(b), but rather a detention under Section 236(a), which would allow for options such as bail, case reopening, or immigration adjustment applications.

What opportunities and risks does this ruling open for Cubans with I-220A in the United States?

It could be argued that Cubans with I-220A are entitled to bail, since they were not formally paroled or admitted.

What are the risks? Well, the government could try to classify these migrants as "applicants for admission" under Section 235(b), which would prevent them from requesting bail and jeopardize benefits such as parole or adjustment of status.

Although the BIA's decision does not directly mention Cuba, it offers a legal avenue for immigration attorneys to argue for the rights of Cubans with I-220A status in the U.S. Reopening the debate on their status could allow them access to legal benefits that until now seemed out of reach.