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Phone:
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Los Angeles Office
Phone:
818-724-8386
Address:
17631 Chatsworth St. Ste C
Granada Hills, CA 91344
Miami Office
Phone:
818-724-8386
Address:
6303 Blue Lagoon Drive, Suite 400
Miami, Florida, 33126
Potential Immigration Changes Under a New Trump Administration
December 12, 2024
Immigration laws and policies in the U.S. have seen dramatic shifts in recent years, with each administration shaping the rules based on its priorities. As discussions surrounding potential changes under a second Trump administration intensify, it’s crucial to understand what might lie ahead and how it could impact immigrants, families, and businesses.
Key Immigration Policy Trends
Over the years, immigration policies have varied significantly, from stricter measures during Trump’s first term to more lenient changes under the Biden administration. If Trump returns to office, experts anticipate a return to many of the policies implemented during his first term—potentially with further expansions.
To make navigating these possible changes easier, we've provided a comprehensive chart outlining shifts across key immigration areas, comparing Trump’s first term, Biden’s policies, and projections for a potential second Trump term:
| Policy Area | Trump' s First Term | Biden Administration Changes | What to Expect in Trump's Second Term |
|---|---|---|---|
| Travel Bans | Imposed bans on multiple predominantly Muslim and African countries | Rescinded all travel bans | Potential expansion to new regions, targeting countries deemed a high risk |
| Enhanced Vetting Procedures | Introduced rigorous vetting processes | Streamlined vetting processes | More stringent vetting with expanded security measures |
| Documentation Requirements | Required additional proof for visas and petitions | Reduced documentation requirements | Reimposed additional documentary proof requirements |
| Social Media Screening | Mandated review of applicants’ social media | Limited use of social media screening | Broader and more invasive social media screening policies |
| Refugee and Asylee Admissions | Slashed admission caps for refugees | Increased refugee caps and processing | Further reduced refugee admissions with restrictive eligibility criteria |
| Travel Waivers | Difficult to obtain for individuals from banned countries | Simplified waiver processes | Stricter criteria for travel waivers and exceptions |
| Entry Restrictions on Immigrant and Nonimmigrant Workers | Suspended entry of certain employment-based visa holders (H-1B, L-1) during COVID-19 | Removed restrictions | Likely reintroduction of entry suspensions for certain visa categories |
| Public Health-Based Entry Rules | Invoked Title 42 to expel asylum seekers at borders | Ended Title 42 measures for asylum seekers | Reinstate health-based entry restrictions, including Title 42-like measures |
| Visa Interview Waivers | Reduced waivers for nonimmigrant visas | Expanded interview waivers | Likely stricter interview waiver eligibility, increasing in-person interviews |
| RFEs (Requests for Evidence) | Increased RFEs, especially for employment-based visas | Reduced RFE issuance through policy updates | Likely return to heightened RFE issuance |
| Processing Times | Lengthened processing times due to increased scrutiny | Improved processing times with staffing and policy changes | Anticipated extended processing timelines |
| Premium Processing | Limited premium processing availability | Expanded premium processing options | Possible restrictions or suspension of premium processing |
| Adjudication Standards | Higher denial rates for employment and family-based petitions | Normalized approval rates | More restrictive adjudication criteria |
| Policy Deference | Rescinded deference to prior approvals | Restored deference to prior decisions | Elimination of deference for petition renewals |
| Forms and Evidence Burden | Increased complexity and evidence requirements | Simplified and standardized forms | Reinstate burdensome evidence and form requirements |
| Processing Resources | Limited resource allocation for faster adjudications | Enhanced resources to reduce backlogs | Potential diversion of resources to enforcement |
| Electronic Filing Systems | Delays in digital transformation, leading to inefficiencies | Expanded electronic filing capabilities | Slow progress or rollback of e-filing systems |
How These Changes Might Impact You
Immigration applicants and employers should note the potential challenges these changes could bring:
- Stricter travel bans and vetting procedures could lead to additional hurdles for visa applications.
- Increased scrutiny, documentation requirements, and processing delays might slow down immigration timelines.
- Refugees and asylum seekers may face reduced admission caps and restrictive eligibility requirements.
While the Biden administration has made efforts to ease some of these burdens, many of the policies implemented during Trump’s first term could make a comeback, potentially in expanded forms.
Why Preparation is Key
Understanding the nuances of these policy changes is vital to ensuring that you or your loved ones are not caught off guard. For employers, remaining compliant with immigration laws and navigating stricter employment-based visa regulations will require strategic planning and legal support.
Schedule a Consultation Today
At GPV Immigration Law APC, we specialize in helping clients navigate the evolving immigration landscape. Whether you’re seeking a visa, pursuing asylum, or sponsoring an employee, our team of experts can guide you every step of the way.
Schedule a consultation today to ensure you’re prepared for whatever changes lie ahead.
The Parole in Place (PIP) program, introduced by the Biden administration under the Keeping Families Together initiative, has recently faced significant legal challenges. Designed to help undocumented spouses and stepchildren of U.S. citizens remain in the country while applying for legal status, this updated policy has been temporarily blocked by a federal court. In this blog, we’ll address the key questions surrounding the PIP program, its eligibility, and the current status of the lawsuit affecting it. If you or a family member may be impacted by these developments, read on for important information. What is the USCIS Parole in Place (PIP) Program? The Parole in Place (PIP) program allows certain undocumented family members of U.S. citizens, such as spouses or stepchildren, to stay in the U.S. while their applications for legal status are processed. Originally designed for military families, the Biden administration extended this program under the Keeping Families Together initiative to include non-military families. What does the recent lawsuit ruling mean for the PIP Program? On August 26, 2024, a federal judge in Texas temporarily blocked the Biden administration’s updated PIP policy. This ruling came as part of a lawsuit (Texas v. Department of Homeland Security) filed by 16 state attorneys general, who argued that the expanded policy violated federal law. As a result, the Department of Homeland Security (DHS) is currently unable to grant any pending PIP requests under the Keeping Families Together initiative. Who is eligible for the PIP Program under the Keeping Families Together initiative? Under the current guidelines, the PIP program allows noncitizen spouses and stepchildren of U.S. citizens to apply for legal status without leaving the country. However, due to the recent court ruling, only applications submitted before the stay order will be processed. Can individuals still apply for Parole in Place (PIP)? Yes, DHS is still accepting applications for PIP, despite the pause in processing. You can submit Form I-131F, Application for Parole in Place, and attend biometric appointments. However, no new approvals will be granted until the stay is lifted or overturned. What is the status of the lawsuit? The court’s ruling places a 14-day administrative stay on the program, preventing DHS from granting new PIP applications. This stay could be extended, reduced, or overturned, depending on further legal developments. If you or a loved one may be impacted by these changes or want to explore alternative immigration options, it's crucial to stay informed and seek legal advice. Need Assistance? Schedule a consultation with GPV Immigration Law APC to discuss your situation and how we can assist you in navigating these legal developments.
On June 18, 2024, President Biden announced a series of immigration actions using the authority granted to him by our existing immigration laws. These actions will help certain undocumented individuals in the United States, including: Spouses and children of U.S. citizens who have been living in the United States for at least 10 years. You may be eligible to apply for your green card without leaving the United States, if, as of June 17, 2024: You are in the United States after entering without permission; You have lived in the United States for at least 10 years and have never left; You are legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen; and You do not have certain criminal history or pose a threat to national security or public safety. If you meet these criteria, the government MAY grant you parole-in-place. Parole would be granted for a one-time period of three years. You may also be eligible for employment authorization for up to three years. If you are granted parole, you may apply for your green card within three years of approval. Eligibility is determined on a case-by-case basis. College-educated DACA recipients and Dreamers who are qualified for nonimmigrant status, such as an H-1B specialty occupation visa. You may be eligible to apply for a temporary visa more easily, if: You have a degree from an accredited U.S. institution of higher education; and You have an offer of employment from a U.S. employer in a field related to your degree. Details on how to apply are expected to be released on August 19, 2024 through a Federal Register notice. This means: You CANNOT submit an application at this time. An early-filed application WILL BE REJECTED. You SHOULD NOT pay anyone a fee associated with filing an application at this time. BE PATIENT and take the time to find the right help. The wrong advice could harm your chances of staying in the United States, getting lawful status, or becoming a U.S. citizen. DON’T BE FOOLED by notarios and other consultants who promise immediate results or special solutions in order to steal your money. Many unscrupulous individuals will cost more than licensed attorneys! If you are unsure if someone is qualified to help, ask for proof of their credentials and retain a copy of that evidence. This program could also be legally challenged, which could impact its implementation. This makes it even more important to have a qualified, knowledgeable attorney. USCIS is not currently accepting applications under this process. They will begin accepting applications on August 19. If you apply before this date, they will reject your application. We encourage you to contact our office in LOS ANGELES at (818) 724-8386 to review your case for eligibility. You can schedule an appointment here . We will credit our $250 fee to your contract. What Can I Do To Get Ready? Request Original Civil Documents (i.e. Birth Certificates, Divorce Decrees; Marriage certificate with current spouse). Request Criminal Records from abroad, locally or out of state. Be sure to be up to date with your income tax filings. If you are not, this is the time to submit filings and get on a payment plan with the IRS if needed. If you have had contact with the Immigration Service, the Immigration Court or Custom Border Patrol, request your immigration records. Schedule an appointment with an Immigration Attorney who can help you request records; review your immigration history and discuss any potential inadmissibility issues in your case to help get you ready when the time comes to apply for the parole program. *You should not act or rely on any information in this flyer without seeking the advice of a competent, licensed immigration attorney.