Cuban Nationals, Venezuelan TPS, Asylum Applications, and Travel Bans

On Friday, I had the pleasure of joining Agustín and Carlos Acosta on Actualidad Radio to discuss pressing immigration issues affecting our community here in South Florida. We covered several key topics, including recent detentions, Venezuelan TPS expirations, asylum applications, and travel concerns, especially for Cuban nationals.

First, we addressed the situation involving Cuban nationals detained during scheduled check-ins at the ICE office in Miramar, Broward County. Unfortunately, yes, detentions can happen at these appointments. The Miramar office handles not only individuals awaiting court decisions but also those under final orders of deportation who are under supervision. Recently, under President Trump’s executive actions, there’s been an increase in expedited deportations for individuals who entered the U.S. less than two years ago. Particularly vulnerable are those with Form I-220A, “Release on Recognizance,” which currently faces uncertainty in qualifying as parole under the Cuban Adjustment Act. The key difference in these situations is the timing of entry into the United States.

We also explored urgent questions from our Venezuelan community regarding the Temporary Protected Status (TPS). Many Venezuelans who initially opted for TPS due to its ease and speed might still have valid reasons for political asylum—such as past persecution for journalism or activism—but did not file within the one-year deadline. Late asylum filings require demonstrating extraordinary circumstances justifying the delay, such as severe medical conditions or traumatic events. Simply not knowing or lacking money to pay fees typically isn’t enough. It’s still unclear whether initially choosing TPS over asylum could qualify as extraordinary circumstances, leaving the decision to individual judges or immigration officials.

Additionally, we clarified that if someone applied for asylum, received a work permit and social security number, then switched to TPS, their asylum application remains active and provides ongoing protection even if TPS expires.

Regarding travel concerns, particularly around returning to Cuba after receiving political asylum, we corrected widespread misinformation. If someone travels back to their country of persecution within a year after being granted asylum and before obtaining residency, they risk losing their asylum status by law. However, those who have received permanent residency and travel frequently or stay long periods abroad may face scrutiny from immigration officials upon return or during citizenship applications. Immigration could revoke residency within five years if fraud or misrepresentation is proven, though this scenario is complex and not very common.

Residents who gained their status through the Cuban Adjustment Act shouldn’t generally face re-entry issues unless they have criminal convictions. Even minor offenses, such as possession of small amounts of marijuana or petty theft, can lead to complications at re-entry under current laws. Always consult with an immigration lawyer if you have a criminal record and plan to leave the U.S.

An interesting and less-known issue we discussed was polygamy—having multiple relationships simultaneously. Although it’s not a criminal offense in Latin America, maintaining dual households can cause issues when applying for U.S. citizenship, as immigration evaluates moral character. Recent cases involved applicants denied citizenship for maintaining families in two countries simultaneously.

We also talked about ongoing legal battles concerning Venezuelan TPS, with several court cases aiming to halt its expiration in April. While these cases are pending, no strong injunctions have been issued, and the arguments presented so far have appeared weak.

Lastly, we mentioned emerging reports of a potential new “travel ban” under consideration by immigration authorities, potentially affecting nationals from Ecuador, Venezuela, and Nicaragua. This development remains ongoing, and I’ll closely follow and update our community.

Remember, having dual nationality doesn’t impact eligibility for U.S. citizenship—the United States simply prioritizes its nationality within its jurisdiction.