MIAMI – The recent decision of a Miami immigration judge could open the door to legal residency for thousands of undocumented immigrants who obtained “parole” after entering the country illegally, as well as Cubans who they saw the policy of “wet feet / dry feet” canceled.
According to immigration lawyers consulted by Efe, the brief of last January 4 from magistrate Timothy Cole offers a way for the regularization of thousands of undocumented persons who, after being apprehended by agents of the Customs and Border Protection (CBP), left a detention center with a “parole”, which is a provisional document.
The foregoing therefore applies to all those who face the threat of a deportation process but were released and managed to enter the United States without having to pay a bond , as the immigration lawyer Claudia Cañizares explained to Efe.
Although the The national scope of the judge’s decision is still subject to what the Board of Immigration Appeals (BIA, for its acronym in English) says, Cañizares suggests that those who may be subject to the application of this decision start their application to permanent residence, or “green card.”
The case of the Cubans
The magistrate’s decision is in response to the request of a group of married Cuban immigrants with US citizens, who requested permanent residence but who had the problem of an illegal entry to the country.
From 2017, the US government repealed the “wet feet / dry feet” policy, whereby Cubans who touched the United States, one year and one day of staying in the country were favored with the Cuban Adjustment Law and could stay, even obtain permanent residence.
Upon arrival in the United States, the c ubanos were released from a migratory port of entry through the form I – 94, known as a “parole card”, all of which It ceased to be valid as of January 2017.
Cole now points out that even if these immigrants did not receive a physical parole card, the background of it, which opens the door to permanent residence even despite illegal entry.
Immigration lawyer Mario Cano He told Efe that although the judge’s ruling refers to the Cubans who made the petition, it is applicable to other immigrants who have received “parole” or “parole.”
“It is valid for people of other nationalities in the same situation, although the year and day would not be valid in the case of someone who is not from Cuba,” said Cano.
The lawyer described the magistrate as a highly respected judge, with a lot of experience and an open mind, who considers everything s the points of each case, “both legal and human.”
Cañizares estimates that the BIA, made up of “very strict” judges, could issue a final decision on this issue in a period between six months and one year.
What may change under the Biden Administration About the chances that If the ruling is successful, Cano stresses that Joe Biden’s administration will begin its functions with an attorney general, Merrick Garland , who is a highly experienced judge and, if necessary, can prevent let the Board of Immigration Appeals decide.
Cano pointed out that since the one appealing is the government through the Prosecutor’s Office, the attorney general can intervene and make it unnecessary for the board, which has national jurisdiction, to speak.
“Immigration lawyers are waiting for the changes that the new government can introduce, “said Cano, after highlighting the election of Cuban Alejandro Mayorkas to lead the Department of National Security (DHS) in the incoming Administration.
The lawyer highlighted that in the last four years, during the term of the Republican Donald Trump , tried to stop legal immigration with a series of “tougher and frankly senseless” requirements, which made the work of his colleagues difficult.
Of the same opinion is immigration attorney Héctor Benítez Cañas, who estimates that Biden may set the annual limit for refugee admissions to 125, 000, and even increase it seasonally, which is a big difference with the maximum quota of 15, 000 per year set by the current administration.
The expert also predicts the restoration of the Temporary Protection Status (TPS) for the countries of the Northern Triangle (Guatemala, El Salvador and Honduras), as well as its extension to Venezuela through a executive order.