Attorney Warns: Renewing Your Cuban Passport Could Jeopardize Your Asylum Case

Renewing a Cuban passport while having a pending asylum case in the United States could be a critical mistake that undermines the application or complicates the defense further. This is the cautionary advice from immigration attorney Liudmila Armas Marcelo during her weekly legal consultation segment on CiberCuba. She responded to a query from a follower identified as "Duque," who asked if he should renew his Cuban passport while residing in the U.S.

The attorney was unequivocal: "Look, if you have a pending asylum case, it's assumed that you fear returning to Cuba and that the Cuban government is persecuting you." The issue lies in the fact that immigration judges and prosecutors often use two arguments against Cuban applicants: they question how individuals could leave the island by plane and how the regime granted them a passport.

"Judges and prosecutors argue that if you were given a passport and allowed to leave, you weren't being persecuted," Armas Marcelo explained.

The attorney acknowledges that Cuban applicants' defenders counter that the regime issues passports precisely to encourage emigration and avoid internal dissent. However, she warns that this argument does not always persuade the courts: "We fight against this. We say they do it to make people leave and not protest within the country, but they still hold onto that mindset."

Consequences of Renewing a Cuban Passport

Adding to the problem, if the applicant, already in the U.S., requests the Cuban government to renew the passport and they do so, it further damages the case. "Imagine, Duque, being in the United States and asking the Cuban government to renew your passport, and they actually do it. This goes strongly against the fear of persecution in Cuba," noted the attorney.

This risk is not just theoretical. On October 16, 2026, the Eleventh Circuit Court of Appeals upheld the denial of asylum to a Cuban family linked to the Ladies in White—Fidel Ernesto Armas Riverón, his wife Viena Martínez Bernal, and their two children—citing, among other factors, that they were able to obtain passports and leave Cuba without hindrance.

Strategic Considerations for Asylum Seekers

The only practical reason to keep the passport active would be to request voluntary departure, as this option is not granted without a valid document. However, Armas Marcelo is adamant. "I do not recommend any I-220A individuals at this moment to request voluntary departure unless they have dual citizenship."

The I-220A form is an ICE order of release under supervision, allowing immigrants to remain out of custody while their immigration process continues. Its legal status has been the subject of intense litigation: in February 2026, the Eleventh Circuit overturned decisions by the Board of Immigration Appeals and remanded cases for further review, without establishing automatic eligibility under the Cuban Adjustment Act.

The underlying reason for not requesting voluntary departure is strategic: if the argument that the I-220A equates to parole succeeds, those already in Cuba when the issue is resolved will not benefit from that decision. "Because if the I-220A is considered as parole, you won't benefit if you're already in Cuba," the attorney warned.

Armas Marcelo's advice comes amid an increasingly challenging landscape for Cubans with pending asylum applications. According to the attorney, asylum is "already difficult," and one of the most common reasons for denial is the fact that individuals were able to leave Cuba by plane with a passport issued by the regime—a point that any consular renewal from the U.S. would only reinforce.

These kinds of legal warnings are crucial for those with open immigration processes in the U.S. Stay informed about asylum, visas, and procedures in our U.S. Immigration section.