Experts in U.S. immigration law are expecting program cancellations, heightened scrutiny, and more restrictive regulation under incoming president Trump. Under the circumstances, the most important step applicants or petitioners can take is to consult their immigration attorneys without delay. Individuals should ensure they have submitted all necessary evidence and paperwork and discuss their risk factors and options.    

In light of the incoming president’s past policies, the American Immigration Lawyers Association (AILA) has identified the most vulnerable groups as being DACA recipients, U visa applicants, those holding special immigrant juvenile status (SIJS), family-based immigrants relying on affidavits of support, and those consular processing their applications, especially recipients of provisional waivers.  Individuals in these categories are at risk of immediate, direct actions ending programs or restricting eligibility.

It is likely that most petitioners and applicants will face increased difficulty gaining case approval, if the patterns from President Trump’s previous term are predictive.     Adjudicators will be able to deny cases more easily, without Request for Further Evidence, and for minor reasons – for example, a spelling error on the application.    Prosecutors will be less able to apply discretion in favor of the defendant.  Applications and petitions may face heightened scrutiny, leading to longer wait times.  

Inauguration Day is Monday January 20.  Consult with your immigration lawyer today to be sure you are as well prepared as you can be.   If you don’t yet have a qualified immigration attorney, feel free to contact us through our web site.