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Filing for adjustment of status can help immigrants who hold or are working toward receiving a green card become fully legal, although you must fulfill certain criteria to qualify. Adjustment of status allows you to change from nonimmigrant visa holder (or, in certain instances, no immigration status at all) to permanent resident without leaving the United States. Here is everything you need to know about the adjustment of status under the new Trump administration.
What is Adjustment of Status?
Adjustment of status is a crucial process for foreign nationals in the United States seeking to change their immigration status to that of a lawful permanent resident without leaving the country.
- This process allows individuals who meet specific eligibility criteria to transition from temporary visa holders to green card holders.
- Under the previous Trump administration, there were significant changes to immigration policies that impacted the adjustment of the status process.
- The first Trump administration introduced stricter scrutiny and increased the complexity of the application process of adjustment of status.
As we anticipate the second Trump administration, visa applicants and foreign nationals must stay informed about potential changes and prepare accordingly. Understanding the nuances of the adjustment of status process is vital for those seeking stability and permanence in the U.S.
Increased Scrutiny for Foreign Nationals
As President Donald Trump takes office, there will likely be legal and operational changes that impact immigration processes starting with N-400 immigration forms. While new laws or a comprehensive rulemaking process are unlikely, his administration could focus on specific aspects of immigration system reform than it was under the Biden administration.
Family-Based Sponsorship
Under the last Trump administration, efforts were made to limit family-based sponsorship, which allows U.S. citizens and permanent residents to sponsor close relatives for green cards. This practice may change to one requiring candidates possessing education, work experience, and skills that contribute value to the economy as criteria for being sponsored for green cards.
The Role of DACA
The Trump administration may refocus on and discontinue DACA altogether. The Trump Administration attempted to rescind DACA, initially halting the acceptance of new applications. In such an instance, individuals currently protected under DACA must meet with an attorney to discuss alternative solutions. Contact Colavecchio and Colavecchio Law Office; you will not have to worry about this.
Potential Merit-Based Immigration Changes
It is also conceivable that the new administration could attempt to pass merit-based immigration legislation similar to what was proposed in 2017 for customs enforcement, which would significantly decrease family visa availability and limit other categories like siblings, parents, and adult children of U.S. citizens. This could also impact those going through the I 751 immigration process.
Furthermore, an emphasis on public charge grounds of inadmissibility could create additional burdens and requirements on applicants seeking entry who must demonstrate they do not fall into these categories. This is especially true for those filing an I 751 petition to remove conditions on their permanent residency.
Changes to Public Charge Policies
As part of their agenda, the new administration may also alter public charge policies to determine eligibility to enter or obtain lawful permanent resident (LPR) status in the US. Current policies allow the federal government to deny individuals entry if they appear likely to become dependent on public benefits.
Potential changes to public charge policies may make obtaining lawful permanent residency more challenging. Colavecchio and Colavecchio Law Office can help you navigate these shifts by providing personalized legal advice and support.