Q: My brother in law came from cuba in June. He was released from Laredo with an i220A and given a court date for 2023
Can he adjust status and his one year under the Cuban adjustment act or does he have to file for asylum. We have been told both. We live near tampa
A: A requirement for pursuing adjustment of status under the Cuban Adjustment Act is that the individual was either inspected and admitted or paroled. At the end of the Obama administration, the government ended its policy of generally granting parole to Cubans who presented themselves without, e.g., a visa to enter the U.S. They have always since then been able to do so, but have done so on a more limited, case by case basis. Recently, there have been some unpublished lower level immigration court decisions wherein the judges have stated that certain releases from ICE custody, even if not termed as a "parole," legally constitute a parole. Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate whether your brother might fit within the parameters of those unpublished decisions. Note that ever since the onset of the COVID-19 pandemic, many attorneys offer online video consultations.
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