In a recent announcement, attorney Claudia Canizares addressed the repeal of the parole program, clarifying crucial aspects affecting many immigrants. This clarification came amid a series of confusions generated by a published memo establishing who is and is not protected under this new regulation.
Protection according to the memorandum
Canizares emphasized that the memorandum is clear about who is protected. According to the document, only those who had applied for some type of protection or change of status at the time of the memorandum's publication are protected. Those without any pending applications with USCIS at the time of publication do not have such protection and have 30 days to leave the country.
Confusion about permanent residence
One specific point that caused confusion was a sentence on page 26 of the memorandum stating that foreigners with permanent residency or other legal basis that allows them to remain in the country are not required to leave. However, Canizares clarified that if a person did not have immigration status at the time of the document's publication, they are not protected and must leave the country within the stipulated timeframe.
The case of the Cubans and the Cuban Adjustment Act
In the specific case of Cubans, the attorney emphasized that, although the memorandum indicates that those without status must leave, the Cuban Adjustment Act allows these individuals to apply for residency even if they lose status. This is because the Cuban Adjustment Act has a waiver that allows Cubans to apply despite having accumulated illegal presence in the country.
What happens if they lose their status?
If a Cuban loses his or her status, he or she can choose to wait a year and a day to apply for residency under the Cuban Adjustment Act. However, this carries risks, as the person may be subject to expedited deportation if found in an irregular situation.
Consequences of not leaving the country
Canizares also mentioned that if a person doesn't leave within 30 days, they could accrue unlawful presence, which could result in a three-year ban upon attempting to return to the United States. This is something immigrants should consider carefully.
Possible actions and lawsuits
Within the Cuban community, prominent figures are advocating for a review of this policy, requesting that it be evaluated on a case-by-case basis, especially for those who arrived legally and abandoned their lives in Cuba. It is hoped that these requests could lead to changes in the current regulations.
Next actions and questions
Attorney Canizares promised to answer more questions in an upcoming video, given that immigrants have many questions about their status. The dynamic nature of immigration in the United States means that rules and guidelines can change quickly, so it's crucial to stay informed.
For those affected by this revocation, it is vital to act quickly and seek appropriate legal counsel to understand the implications of their immigration status.
