Thousands of Cubans currently residing in the United States face a new immigration landscape. Some arrived on regular flights with a tourist visa. Others did so with the electronic travel authorization known as ESTA. Many more arrived under humanitarian parole, which will now be revoked.
The legal consequences will not be immediate. Although uncertainty spreads among the affected communities, especially following the announcement of the revocation of permits, there are possible ways to legalize their status without the need to leave the country.
A question runs through Cuban groups on WhatsApp and social media: what do I do now? The fear of being deported grows, but so does the hope that there is still a way to obtain permanent residency, even if the parole or the initial permit is no longer valid.
This is where a key tool comes into play: the Cuban Adjustment Acto, in effect since 1966, which allows Cuban citizens to apply for permanent residency after one year and one day of physical presence in the United States, provided they have entered legally.
Even with the parole revoked, one can apply for the Adjustment Act.
The lawyer Willy Allen, a specialist in immigration matters, explained that the cancellation of parole does not prevent access to this benefit. According to his statements, Cubans will be able to wait to complete the 366-day period to begin the residency process, as those who arrived with ESTA from Europe or with a visa already did.
The important thing is that the entry into the country was legal, something that parole guarantees, even if it is revoked later.
It's like many Cubans with Spanish citizenship used to do: they entered with the ESTA, stayed discreetly until the year passed, and then applied," Allen recalled. The ESTA, however, has not been available to Cubans since January 2021, when the country was added to the list of state sponsors of terrorism.
The big problem: work permits
One of the biggest obstacles will be employment. The revocation of parole entails the automatic cancellation of the associated work permit. This means that, although they may apply under the Adjustment Act, many Cubans will spend months unable to work legally.
They are going to have a hard time. They will have to survive with the help of family members or in the informal market," explained Allen, who warned about the difficulty this represents for those who came without resources and without a solid support network.
This situation will also affect Venezuelans, Haitians, and Nicaraguans. All will remain in a kind of migratory limbo until they fulfill the required time to adjust their status.
Parole revocation: a Trump decision
The measure was adopted by the administration of Donald Trump, who considers that humanitarian parole "no longer represents a significant public benefit." The program was created by Joe Biden and, since 2022, has allowed the entry of more than half a million people from four countries. That is, Cuba, Venezuela, Haiti, and Nicaragua.
Pro-immigrant organizations have called the decision "unfair" and have filed a lawsuit in a federal court in the District of Columbia. They claim that the order violates due process and leaves thousands of people at risk of deportation without access to a hearing before a judge.
There is time, but there are no guarantees
For now, Cubans affected by this revocation can wait until they have completed one year and one day of legal residence to begin their immigration adjustment. However, there is no guarantee that the process will be quick or simple. The political climate in the United States has hardened, and many states have already implemented more restrictive measures.
The lawyers' recommendation is not to leave the country. They urge keeping all documentation in order and avoiding any violations that could complicate the process.
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What is happening right now in the USA with migrants is abusive, and in the end, it’s all politics. With that, business owners take advantage and exploit workers by paying much less than the work is worth. So I ask myself, where are the human rights representatives? Will they allow all these atrocities to continue happening? Because we can’t leave everything in God’s hands. It’s time for everyone who can help migrants to step forward and unite, because there is strength in unity. Cubans have emigrated to other countries their whole lives, especially to the USA. The largest population in the USA is Cuban. I don’t understand now what Trump’s problem is.
Having a hard time is not a problem and one year less when leaving a country to emigrate. What awaits us is not easy, I spent three years in Europe without a work permit and no one dies, surviving is in our nature. Cheer up, don’t go backward.
Another way to squeeze more money out of poor migrants 🙏 who go to work and seek new horizons