After just two weeks in office, President Trump has overhauled the U.S. immigration system passing countless executive orders to begin his mass deportations and secure the southern border.
But how will his administration deal with legal immigration? In this video, we cover some of the changes that adjustment of status (green card) applicants can expect to see under the Trump administration in 2025, including upcoming case processing delays at the U.S. Citizenship and Immigration Services (USCIS), the end of green card interview waivers, the rise in Requests for Evidence (also known as RFEs), the public charge rule, and much more.
For more about how these changes can impact your case, please keep watching.
Overview
Green Card through Adjustment of Status
Applicants who are interested in applying for permanent residence while in the United States can do so through a process known as “adjustment of status.”
To qualify for adjustment of status, generally applicants must have entered the U.S. lawfully and be physically present in the United States.
Additionally, there must be an underlying immigrant petition filed by a qualifying family member (Form I-130) or by a U.S. employer (Form I-140). Certain employment-based applicants may self-petition without an employer, such as applicants seeking an EB-2 National Interest Waiver or EB-1A Aliens of Extraordinary Ability.
Examples of family members who can petition for immigrant aliens include spouses of U.S. Citizens, unmarried children under 21 years of age of a U.S. Citizen, or parents of U.S. Citizens.
During these uncertain times in immigration, we bring you this informative video to summarize President Donald Trump’s recent thirteen executive actions on immigration.
Some of the highlights of this discussion include President Trump’s executive order affecting birthright citizenship, measures to enhance border security, mass deportations of undocumented immigrants, potential executive orders implementing new travel bans, and much more.
To learn more about these executive orders and how they may impact you, please keep watching.
Overview
What happened on day one of the Trump administration?
President Trump signed thirteen executive orders on the first day of his presidency, setting the tone for the start of his administration with new policies that create obstacles for certain immigrants.
EO #1President Trump’s America First Priorities
The first of these executive orders is “President Trump’s America First Priorities,” which outlines the top priorities that we can expect to see from the Trump administration over the next four years.
The major highlights of this order are as follows:
President Trump promises to take “bold action” to secure the U.S. border and protect communities by calling on the U.S. Armed Forces and National Guard to assist with border security
At the President’s direction, the State Department will have an “America-First” foreign policy
Ends Biden’s Catch-and-Release Policies
What it is:Catch-and-release authorized the release of individuals without legal status from detention while awaiting immigration court hearings.
Reinstates Remain in Mexico Policy
What it is: Known formerly as the Migrant Protection Protocol, this policy will require certain asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court.
Continues the construction of his southern border wall with Mexico
Prohibits asylum for individuals who have crossed the border illegally
What it is: Aims to end asylum and close the border to those without legal, to facilitate a more immediate removal process
Cracks down on U.S. sanctuary cities
Enhanced vetting and screening of noncitizen aliensseeking admission to the U.S.
What it is:The President will direct agencies to report recommendations for the suspension of entry for nationals of any country of particular concerns.
We suspect that this will likely lead to the reinstatement of the “Muslim travel bans” within the next 60 to 90 days.
Expands deportation operations for aliens with a criminal record
Suspends the refugee resettlement program
Designates cartels such as the “Tren de Aragua” as foreign terrorist organizations and calls for their removal by using the Alien Enemies Act
Calls on the Department of Justice to implement the death penalty for illegal immigrants “who maim and murder” Americans and commit “heinous crimes”
EO #2Initial Rescissions of Harmful Executive Orders and Actions
His next executive order entitled “Initial Rescissions of Harmful Executive Orders and Actions,” overhauls and rescinds dozens of executive orders signed into law by former President Joe Biden.
By doing away with these executive orders, the Trump administration is rescinding the policies that were put in place by the previous administration to clear the way to enact new policies on immigration and quickly enforce them through various federal agencies such as the Department of State, Department of Homeland Security, and the U.S. Citizenship and Immigration Services (USCIS).
EO Highlights:
This order rescinds a series of COVID-19 related executive orders signed during the Biden administration which recommended policies for COVID-19 governmental response including COVID-19 treatment, vaccine requirements, testing, reopening of schools, and worksites.
These rescissions signal that the Trump administration is likely to overhaul the government’s response to COVID-19, such as directing federal agencies to modify public health and safety policies relating to COVID-19.
This has already begun with the U.S. Citizenship and Immigration Services’ (USCIS) recent elimination of the COVID-19 vaccination requirement for adjustment of status applicants seeking permanent residence in the United States (green cards).
Additionally, the order rescinds dozens of Biden-era executive orders that previously removed President Trump’s immigration policies and procedures from being enforced during the Biden administration. The Biden administration set forth their own executive actions such as facilitating asylum protections, creating a task force to reunite unaccompanied children with their families, strengthened the United States Refugee Admissions Progam (USRAP), rescinded Cuba’s designation as a state sponsor of terror, etc.
All of these actions have been rescinded by the Trump administration paving the way for more restrictive immigration policies ahead.
EO #3: Protecting the Meaning and Value of Citizenship (Ending Birthright Citizenship)
His third most controversial executive order entitled, “Protecting the Meaning and Value of Citizenship,” seeks to change the interpretation of the 14th amendment of the U.S. Constitution which states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
The Trump administration argues that the 14th amendment does not extend citizenship rights to everyone born in the United States and has always excluded from birthright citizenship, persons who were born in the United States but not “subject to the jurisdiction thereof.”
According to Trump’s executive order, the privilege of United States citizenship does not automatically extend to persons born in the United States:
(1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or
(2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
As a result, the order makes it is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons:
(1) when that person’s mother wasunlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or
(2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
This policy is intended to apply only to persons who are born within the United States after 30 days of this order (February 19, 2025). The heads of all executive departments and agencies have been directed to issue public guidance within 30 days regarding its implementation.
This executive order will not impact the entitlement of other individuals, including children of lawful permanent residents, to obtain documentation of their United States citizenship.
A Federal Lawsuit Blocks Its Enforcement as of January 23th
As of January 23, 2025, a federal judge from the U.S. District Court in the Western District of Washington, has temporarily blocked the executive order ending birthright citizenship from being enforced by the Trump administration.
In response to a lawsuit led by the states of Washington, Arizona, Illinois, and Oregon, challenging the executive order, the federal judge issued a 14-day Temporary Restraining Order (TRO) effective January 23, 2025 (ending on February 6, 2025). The TRO immediately blocks and enjoins the government from acting on the executive order.
The court’s temporary restraining order is likely to be extended while the litigation moves through federal courts. It is likely that this lawsuit will come before the U.S. Supreme Court for final resolution, which could take years to come about.
EO #4 Securing Our Borders
With this executive order, the Trump administration makes it the policy of the United States to take all appropriate action to secure our nation’s borders through the following means:
Establishing a physical wall and other barriers monitored and supported by adequate personnel and technology
Deterring and preventing the entry of illegal aliens into the United States (mass deportations)
Detaining, to the maximum extent authorized by law, aliens apprehended on suspicion of violating Federal or State law, until such time as they are removed from the United States
Removing promptly all aliens who enter or remain in violation of Federal law
Pursuing criminal charges against illegal aliens who violate the immigration laws, and against those who facilitate their unlawful presence in the United States
Cooperating fully with State and local law enforcement officials in enacting Federal-State partnerships to enforce Federal immigration priorities and
Obtaining complete operational control of the borders of the United States.
The Secretary of Defense and the Secretary of Homeland Security shall:
take all appropriate action to deploy personnel and construct temporary and permanent physical barriers to ensure complete operational control of the southern border
take all appropriate actions to detain, aliens apprehended for violations of immigration law until their successful removal from the United States.
Issue new policy guidance or proposals regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly known as “catch-and-release,” whereby illegal aliens are released into the United States shortly after their apprehension for violations of immigration law.
ResumeMigrant Protection Protocols along the southern border of the United States, and to ensure that, pending removal proceedings, aliens are returned to the territory from which they came.
Cease using the “CBP One” application as a method of paroling or facilitating the entry of otherwise inadmissible aliens into the United States
Terminate all categorical parole programs that are contrary to the policies of the United States established in President Trump’s Executive Orders, including the program known as the “Processes for Cubans, Haitians, Nicaraguans, and Venezuelans
Ensure that all future parole determinations fully comply with this order and with applicable law
Take all appropriate action to fulfill the requirements of the DNA Fingerprint Act of 2005, for all aliens detained under the authority of the United States
Take all appropriate action to use any available technologies and procedures to determine the validity of any claimed familial relationship between aliens encountered or apprehended by the Department of Homeland Security
Take all appropriate action to prioritize the prosecution of offenses that relate to the borders of the United States, including the investigation and prosecution of offenses that involve human smuggling, human trafficking, child trafficking, and sex trafficking in the United States.
EO #5 Realigning the United States Refugee Admissions Program
This executive order suspends the U.S. refugee admissions program (U.S. RAP), to prevent the influx of undocumented immigrants. The suspension is effective 12:01 am eastern standard time on January 27, 2025.
With its signing, it revokes Biden’s Executive Order 14013 Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration.
Trump’s order prioritizes safety and national security concerns in the administration of U.S. RAP.
At an appropriate time, the Trump administration will admit only those refugees who can “fully and appropriately assimilate into the United States,” and ensure that the United States preserves taxpayer resources for its citizens.
It will be the policy of the United States that State and local jurisdictions be granted a role in the process of determining the placement or settlement of aliens eligible to be admitted to the United States as refugees in their jurisdictions.
Notwithstanding the suspension of the USRAP, the Secretary of State and the Secretary of Homeland Security may jointly determine to admit aliens to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the entry of such aliens as refugees is in the national interest and does not pose a threat to the security or welfare of the United States.
Within 90 days of this order, the Secretaries must submit a report to the President to advise about whether resumption of entry of refugees into the United States under the U.S. would be in the interests of the United States, in light of the policies outlined in section 2 of this order.
Thereafter, they must submit further reports every 90 days until President Trump determines that resumption of the U.S. RAP is in the interests of the United States.
EO #6 Declaring a National Emergency at the Southern Border of the United States
This executive order declares a national emergency at the southern border of the United States and directs the U.S. Armed Forces (including the Ready Reserve and National Guard) to take all appropriate action to assist the Department of Homeland Security (DHS), in obtaining full operational control of the southern border, to prevent the illegal entry of immigrants into the United States.
The order directs the Secretary of Defense to take all appropriate action to facilitate the operational needs of the Secretary of Homeland Security along the southern border, including the provision of appropriate detention space, transportation (including aircraft), and other logistics services in support of civilian-controlled law enforcement operations.
The Secretaries of Defense and Homeland Security are directed to constructadditional physical barriers along the southern border and coordinate with any Governor of a State that is willing to assist with the deployment of any physical infrastructure to improve operational security at the southern border.
The Secretary of Defense and the Secretary of Homeland Security, in consultation with the Attorney General, must take all appropriate action, consistent with law, to prioritize the impedance and denial of the unauthorized physical entry of aliens across the southern border of the United States, and to ensure that use of force policies prioritize the safety and security of Department of Homeland Security personnel and of members of the Armed Forces.
With the passage of this executive order, Biden’s Proclamation 10142 entitled, “Termination of Emergency With Respect to the Southern Border of the United States and Redirection of Funds Diverted to Border Wall Construction,” is revoked.
EO #7: America First Trade Policy (USMCA)
This executive order makes it a matter of policy for the United States to promote economic trade policies that place our nation’s interests first, including those of American workers, manufacturers, farmers, ranchers, entrepreneurs, and businesses.
It calls upon the government to investigate unfair trade practices and recommend appropriate measures to remedy deficits.
Furthermore, it requires the government to begin the public consultation process for the United States-Mexico-Canada Agreement (USMCA) formerly known as NAFTA, to prepare for the July 2026 review of the USMCA trade agreement with Canada and Mexico.
The government will be assessing the impact of the USMCA on American workers, farmers, ranchers, service providers, and other businesses, while making recommendations regarding the United States’ participation in the agreement.
Since the USMCA makes possible the TN work visa program for Canadian and Mexican nationals, any changes to the agreement could lead to additional barriers to obtaining this visa depending on recommendations from the heads of federal agencies.
EO #8 Clarifying the Military’s Role in Protecting the Territorial Integrity of the United States
This executive order makes it the policy of the United States to utilize the U.S. Armed Forces to protect the sovereignty and territorial integrity of the U.S. along its national borders.
Considering that the President has declared a national emergency along the southern border, the U.S. Armed Forces will be utilized to prevent unlawful migration and defend our national borders.
Within 10 days, the Secretary of Defense must submit to the President a revision to the Unified Command Plan, that assigns United States Northern Command (USNORTHCOM) themission to seal the borders and maintain the sovereignty, territorial integrity, and security of the United States, by repelling forms of invasion including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.
The Secretary of Defense must also make continuous assessments of all available options to protect the sovereign territory of the United States from mass unlawful entry, impingement on the national sovereignty, and security by foreign nations and transnational criminal organizations.
EO #9 Restoring the Death Penalty and Protecting Public Safety
This executive order directs the Attorney General to pursue the death penalty for severe crimes demanding its use.
In addition to pursuing the death penalty where possible, the Attorney General shall, where consistent with applicable law, pursue Federal jurisdiction and seek the death penalty regardless of other factors for every federal capital crime involving:
(i) The murder of a law-enforcement officer; or
(ii) A capital crime committed by an alien illegally present in this country.
EO #10 Protecting the U.S. from Foreign Terrorists and Other National Security and Public Safety Threats
This executive order applies enhanced vetting and screening protocols during the visa-issuance processto ensure that aliens approved for admission into the United States do not intend to harm Americans or pose a threat to national security.
Admitted aliens and aliens otherwise already present in the United States must not bear hostile attitudes toward its citizens, culture, government, institutions, or founding principles, and must not advocate for, aid, or support designated foreign terrorists and other threats to national security.
To align with these goals, the Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall promptly:
Identify resources that may be used to ensure that aliens seeking admission to the United States, or who are already in the United States, arevetted and screened to the maximum degree possible
Determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA for one of its nationals, and ascertain whether the individual seeking the benefit is who the individual claims to be and that the individual is not a security or public-safety threat
Re-establish a uniform baseline for screening and vetting standards and procedures, consistent with the uniform baseline that existed on January 19, 2021, that will be used for any alien seeking a visa or immigration benefit of any kind and
Vet and screen to the maximum degree possible all aliens who intend to be admitted,enter, or are already inside the United States, particularly those aliens coming from regions or nations with identified security risks.
Within 60 days of the date of this order, the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence shall jointly submit to the President, a report:
identifying countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries pursuant to section 212(f) of the INA (8 U.S.C. 1182(f)) and
identifying how many nationals from those countries have entered or have been admitted into the United States on or since January 20, 2021, and any other information the Secretaries and Attorney General deem relevant to the actions or activities of such nationals since their admission or entry to the United States
Whenever information is identified that would support the exclusion or removal of any alien described in subsection 2(b), the Secretary of Homeland Security shall take immediate steps to exclude or remove that alien unless she determines that doing so would inhibit a significant pending investigation or prosecution of the alien for a serious criminal offense or would be contrary to the national security interests of the United States.
Within 30 days of this executive order, the Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall also:
(a) Evaluate and adjust all existing regulations, policies, procedures, and provisions of the Foreign Service Manual, or guidance of any kind pertaining to each of the grounds of inadmissibility listed in sections 212(a)(2)-(3) of the INA (8 U.S.C. 1182(a)(2)-(3)), to ensure the continued safety and security of the American people and our constitutional republic;
(b) Ensure that sufficient safeguards are in place to prevent any refugee or stateless individual from being admitted to the United States without undergoing stringent identification verification beyond that required of any other alien seeking admission or entry to the United States
(c) Evaluate all visa programs to ensure that they are not used by foreign nation-states or other hostile actors to harm the security, economic, political, cultural, or other national interests of the United States
(d) Recommend any actions necessary to protect the American people from the actions of foreign nationals who have undermined or seek to undermine the fundamental constitutional rights of the American people, or who provide aid, advocacy, or support for foreign terrorists
(e) Ensure the devotion of adequate resources to identify and take appropriate action for offenses described in 8 U.S.C. 1451
(f) Evaluate the adequacy of programs designed to ensure the proper assimilation of lawful immigrants into the United States, and recommend any additional measures to be taken
(g) Recommend any additional actions to protect the American people and our constitutional republic from foreign threats.
EO #11: Designating Cartels and Other Organizations as Foreign Terrorist Orgs and Specifically Designated Global Terrorists
This executive order makes it the policy of the United States to ensure the total elimination of foreign terrorist organizations’ presence in the U.S., and their ability to threaten the territory, safety, and national security.
Within 14 days of the date of the order, the Secretary of State, in consultation with the Secretary of the Treasury, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall take appropriate action to:
make a recommendation regarding the designation of any cartel or other organization described in section 1 of the order as a Foreign Terrorist Organization and/or a Specially Designated Global Terrorist
make operational preparations regarding the implementation of any presidential decision invoked the Alien Enemies Act, in relation to the existence of any qualifying invasion or predatory incursion against the territory of the United States by a qualifying actor, and to prepare such facilities as necessary to expedite the removal of those who may be designated under this order.
EO #12: Guaranteeing the States Protection Against Invasion
This executive order classifies the illegal entry of undocumented immigrants at the southern border as an “invasion” under Article IV, Section 4 of the Constitution of the United States, and suspends the physical entry of certain aliens until the invasion at the southern border has ceased.
Furthermore, the entry into the United States, of any alien who fails, before entering the United States, to provide Federal officials with sufficient medical information and reliable criminal history and background information as to enable fulfillment of the requirements of sections 212(a)(1)-(3) of the INA, 8 U.S.C. 1182(a)(1)-(3), is deemed detrimental to the interests of the United States.
The entry into the United States of such aliens is suspended and their access to provisions of the INA that would permit their continued presence in the United States is restricted, including, but not limited to, section 208 of the INA, 8 U.S.C. 1158.
The order directs the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, to take all appropriate actions as may be necessary to achieve the objectives of this proclamation, until the invasion at the southern border has ceased
It also directs them to take all appropriate action to repel, repatriate, or remove any alien engaged in the invasion across the southern border of the United States, whether as an exercise of the suspension power in section 212(f) and 215(a) of the INA, 8 U.S.C. 1182(f) and 1185(a), or as an exercise of the President’s delegated authority under the Constitution of the United States, until a finding that the invasion at the southern border has ceased
EO #13: Protecting the American People Against Invasion
This executive order makes it a policy of the United States to faithfully execute the immigration laws against all inadmissible and removable aliens, particularly those aliens who threaten the safety or security of the American people. It also makes it a matter of policy to achieve enforcement of the law, through lawful incentives and detention capabilities.
What this order does:
Revokes the following Biden era executive actions:
Executive Order 13993 Revision of Civil Immigration Enforcement Policies and Priorities
Executive Order 14010 Creating a Comprehensive Regional Framework To Address the Causes of Migration, To Manage Migration Throughout North and Central America, and To Provide Safe and Orderly Processing of Asylum Seekers at the United States Border
Executive Order 14011 Establishment of Interagency Task Force on the Reunification of Families and
Executive Order 14012 Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans
Directs executive departments and agencies to promptly revoke all memoranda, guidance, or other policies based on the above Executive Orders and ensure the faithful execution of the immigration laws against all inadmissible and removable aliens.
Directs the Secretary of Homeland Security to take all appropriate action to enable the ICE, CBP, and USCIS to set priorities for their agencies that protect the public safety and national security interests of the American people, including by ensuring the successful enforcement of final orders of removal.
Directs the Secretary of Homeland Security to ensure that the primary mission of ICE Investigations division is the enforcement of the provisions of the INA and other Federal laws related to the illegal entry and unlawful presence of aliens in the United States and enforcement
The Attorney General, in coordination with the Secretary of State and the Secretary of Homeland Security, shall take all appropriate action to prioritize the prosecution of criminal offenses related to the unauthorized entry or continued unauthorized presence of aliens in the United States.
The Attorney General and the Secretary of Homeland Security shall take all appropriate action to jointly establish Homeland Security Task Forces (HSTFs) in all States nationwide to end the presence of criminal cartels, foreign gangs, and transnational criminal organizations throughout the United States, dismantle cross-border human smuggling and trafficking networks, end the scourge of human smuggling and trafficking, with a particular focus on such offenses involving children, and ensure the use of all available law enforcement tools to faithfully execute the immigration laws of the United States.
Directs the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General to:
(a) Immediately announce and publicize information about the legal obligation of all previously unregistered aliens in the United States to comply with the requirements of part VII of subchapter II of chapter 12 of title 8, United States Code
(b) Ensure that all previously unregistered aliens in the United States comply with the requirements of part VII of subchapter II of chapter 12 of title 8, United States Code and
(c) Ensure that failure to comply with the legal obligations of part VII of subchapter II of chapter 12 of title 8, United States Code, is treated as a civil and criminal enforcement priority
Secretary of Homeland Security shall take all appropriate action, to ensure the efficient and expedited removal of aliens from the United States
Take all appropriate action and allocate all legally available resources or establish contracts to construct, operate, control, or use facilities to detain removable aliens, ensure the detention of aliens apprehended for violations of immigration law pending the outcome of their removal proceedings or their removal from the country
Promptly rescind the policy decisions of the Biden administration that led to the increased or continued presence of illegal aliens in the United States, and align any and all departmental activities with the policies set out by this order and the immigration laws. Such action should include, but is not limited to:
(a) ensuring that the parole authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised on only a case-by-case basis in accordance with the plain language of the statute, and in all circumstances only when an individual alien demonstrates urgent humanitarian reasons or a significant public benefit derived from their particular continued presence in the United States arising from such parole
(b) ensuring that designations of Temporary Protected Status are consistent with the provisions of section 244of the INA (8 U.S.C. 1254a), and that such designations are appropriately limited in scope and made for only so long as may be necessary to fulfill the textual requirements of that statute and
(c) ensuring that employment authorization is provided in a manner consistent with section 274A of the INA (8 U.S.C. 1324a), and that employment authorization is not provided to any unauthorized alien in the United States.
Ensure “sanctuary” jurisdictions, which seek to interfere with the lawful exercise of Federal law enforcement operations, do not receive access to Federal funds. Further, the Attorney General and the Secretary of Homeland Security shall evaluate and undertake any other lawful actions, criminal or civil, that they deem warranted based on any such jurisdiction’s practices that interfere with the enforcement of Federal law.
Issue guidance to ensure maximum compliance by Department of Homeland Security personnel with the provisions of 8 U.S.C. 1373 and 8 U.S.C. 1644 and ensure that State and local governments are provided with the information necessary to fulfill law enforcement, citizenship, or immigration status verification requirements authorized by law
Immediately review and, if appropriate, audit all contracts, grants, or other agreements providing Federal funding to non-governmental organizations supporting or providing services, either directly or indirectly, to removable or illegal aliens, to ensure that such agreements conform to applicable law and are free of waste, fraud, and abuse, and that they do not promote or facilitate violations of our immigration laws
Pause distribution of all further funds pursuant to such agreements pending the results of the review in subsection (a) of this section
Terminate all such agreements determined to be in violation of law or to be sources of waste, fraud, or abuse and prohibit any such future agreements
Coordinate with the Director of the Office of Management and Budget to ensure that no funding for agreements is included in any appropriations request for the Department of Justice or the Department of Homeland Security
The Director of the Office of Management and Budget shall take all appropriate action to ensure that all agenciesidentify and stop the provision of any public benefits to any illegal alien not authorized to receive them under the provisions of the INA or other relevant statutory provisions.
Planning for a Tough Road Ahead
The Trump administration has made clear that it is keeping its promises and will get tougher on immigration. While these executive orders impact undocumented immigrants to a large degree, they also impact applicants applying for immigrant and nonimmigrant visas by increasing vetting and screening of applicants, especially those from particular countries that have ties to terrorism or pose national security concerns.
However, immigrants should not lose hope. We are seeing a pushback among dozens of states who are already filing lawsuits in federal courts to challenge these executive orders, such as those ending birthright citizenship.
The key take away is to speak with an immigration attorney to create a plan that will help you navigate the changes that may lie ahead. Keep yourself informed of any changes and adapt your plan as needed.
Contact Us.If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.
Need more immigration updates?We have created a new facebook group to address the impact of the new executive order and other changing developments related to COVID-19. Follow us there.
For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.
Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the February 2025 Visa Bulletin.
In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of February.
USCIS Adjustment of Status
For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will use theFinal Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of February.
For family-sponsored preference categories, USCIS will use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of February.
Now that 2025 is in full swing, in this video, we will discuss our predictions for visa availability for employment-based and family-sponsored preference categories, based on historical patterns and statistical information from the past year.
If you are waiting for your priority date to become current on the Visa Bulletin and want to know when your immigrant visa might be issued, you won’t want to miss this video.
Overview
Each year, the availability of immigrant numbers for employment-based preference immigrants is calculated based on Section 201 of the Immigration and Nationality Act (INA).
For FY 2024, the annual numerical limit for family sponsored immigrant visas was 226,000. Of these visas, only about 170,000 visas were actually allocated and issued to family sponsored immigrants. Approximately 58,000 visas were left unused in fiscal year 2024 due to country specific backlogs and scheduling delays.
That leaves a substantial number of unused family visa numbers that can potentially be transferred to employment-based visas in fiscal year 2025.
It is important to note that for fiscal year 2024, the Department of State determined that the employment-based annual limit would be 160,791, due to unused family-sponsored visa numbers from fiscal year 2023 being added to the employment-based limit for fiscal year 2024.
In this video, attorney Jacob Sapochnick discusses an interesting situation that can occur when the U.S. Citizenship and Immigration Services (USCIS) issues a green card by mistake.
Learn what can happen in this situation and the steps you need to take to inform USCIS of the mistake, so that it does not cause complications for you down the road.
Overview
You might be wondering, how is it possible for a green card to be issued by the U.S. Citizenship and Immigration Services (USCIS) by mistake? Although this is not a common occurrence, there are situations where an administrative or clerical error, can lead USCIS to issue a green card before an applicant is eligible to receive one, or before a green card is available.
It is important for you to understand that receiving a green card in error can have serious immigration consequences. Those who fail to take action to correct or remedy the mistake within a reasonable time can lose their ability to apply for U.S. Citizenship or even jeopardize their green card status.
How Does This Occur?
Green Card Issued Before a Priority Date is Current
Under U.S. immigration law, except for immediate relatives of U.S. Citizens, there are annual numerical limits on the number of green cards that can be issued to green card applicants. This applies to both employment-based and family-sponsored applicants. Due to these numerical limitations, the majority of green card applicants must wait their place in line until a green card is available to them. Only once an applicant has reached the front of the line (their priority date becomes current for final action on the Visa Bulletin), can they be eligible to receive a green card.
To know when a priority date is current for final action, applicants must regularly review the Department of State’s Visa Bulletin. A green card applicant’s priority date can be located on the I-130 or I-140 Form I-797 Notice of Action. The priority date generally falls on the date when the I-130 or I-140 immigrant petition was filed with USCIS. This date will determine your place in line in the green card queue.
Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the January 2025 Visa Bulletin.
In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of January.
USCIS Adjustment of Status
For employment-based and family-sponsored preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of December.
What will Trump’s immigration policies look like during his second term? In this video, attorney Jacob Sapochnick breaks down what families need to know before he takes office.
You will learn all about the upcoming changes that may impact family-based immigration, and how his policies may slow down the processing of immigrant visas at U.S. Embassies and Consulates abroad.
This information is based on the Trump administration’s campaign promises, and actions taken during his first term in office. While we do not know for certain what is to come, applicants should expect a departure from the Biden administration’s immigration policies.
Overview
Looking back on President Trump’s first term in office, his administration issued far-reaching executive actions on immigration. From Muslim travel bans to an overhaul of the public charge rule, the immigration process became much more restrictive.
Many of these executive actions and policy changes may be reinstated during his first 100 days in office, causing more headaches for family-based immigrants.
Here are some of the changes that may be expected from the Trump administration.
Return of the Public Charge Rule for Green Card and Immigrant Visa Applicants
To obtain a green card or immigrant visa, applicants must demonstrate that they are not likely to become a “public charge” on the U.S. government. A person who is likely to depend on government assistance for their basic needs is deemed a “public charge.”
In 2019, the Trump administration expanded the criteria used by USCIS and Consular officials to determine whether an immigrant is likely to become a public charge. Under Trump’s public charge rule, the use of public benefits (such as food stamps, Medicaid, and Section 8 housing assistance) were factors that were considered in public charge determinations, making it more difficult for immigrants receiving these benefits to obtain a green card.
The Trump administration also required USCIS and Consular officers to weigh several factors when making a public charge determination, including the applicant’s age, health, family status, assets, resources, financial status, education, and skills.
Proof of Personal Financial Resources
To make matters worse, Trump’s public charge rule also required green card applicants to show proof of personal financial resources.
President Trump will soon return to the White House, bringing with him many changes in the world of immigration.
In this video, attorney Jacob Sapochnick shares the ways in which the Trump administration will impact the processing at visas U.S. Consulates and Embassies worldwide, including immigrant and non-immigrant visas.
This video also covers the latest updates regarding the operational capacity of U.S. Consular posts and Embassies as of November 2024.
If you are currently waiting in line for a visa interview at a U.S. Consulate or Embassy abroad, you won’t want to miss this video.
Overview
President Trump will settle into the White House on January 20, 2024, bringing with him new appointments to cabinet level positions. His pick for Secretary of State is likely to be the Republican Marco Rubio, a known conservative who supports legal immigration and a crackdown on illegal immigration.
Nonimmigrant visa applicants may face new restrictions when applying at U.S. Consulates and Embassies. During the previous Trump administration, work visa applicants were under much heavier scrutiny than ever before. H-1B, O-1, L-1, and J visa applicants found it much more difficult to obtain approvals both at the USCIS and Consular level.
These challenges existed even for applicants seeking extensions of their work visa.
To avoid being subject to greater scrutiny, applicants should file their cases as soon as possible. If premium processing service is available for your petition, take advantage of it.
Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the December 2024 Visa Bulletin.
In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of December.
USCIS Adjustment of Status
For employment-based and family-sponsored preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of December.
The American people have spoken. Donald Trump will return to the White House on January 20, 2025, becoming the next President of the United States.
This past month, the Trump administration has been busy laying the groundwork to implement stricter border policy measures, strike-down Biden-era immigration policies, and put in motion the large-scale deportation of undocumented immigrants.
But how could a Trump presidency impact legal immigration?
In this video, attorney Jacob Sapochnick explains what we can expect to see from the incoming Trump administration, with a specific focus on the changes that could impact business immigration law. You will learn about the five major changes that employers and foreign workers should consider in the months ahead.
If you’re an employer looking to hire foreign talent, or are actively employing foreign workers, then you won’t want to miss this video. If you’re a foreign worker going through the visa process, or thinking of applying for a visa, we will share with you the insider information you need to know to ensure your process is successful.
Want to know more? Just keep on watching
Overview
The Trump administration’s immigration policies are expected to impact workers in all industries. Individuals close to the President elect have revealed that they are preparing executive actions on immigration to be rolled out soon after Trump takes office in January.
Here are the top five ways that Trump’s immigration policies will impact business immigration.
#1 The Use of Executive Orders
During his first term in office, Donald Trump relied heavily on executive orders to bring about far-reaching changes in immigration policy, including his notorious “Muslim travel ban.”
As you may recall, in 2017 President Trump signed an executive order banning people from six Muslim-majority countries, from entering the United States for a period of 90 days. These countries were Iran, Iraq, Libya, Somalia, Syria, and Yemen.
The executive order prevented nationals from entering, even if they held visas to travel to the United States, causing wide-spread family separation for those seeking to be reunited with their spouses, parents, and children in the United States.
Upon taking office, we expect President Trump to issue a series of executive orders that will restrict the admission of certain foreign nationals to the United States and codify his hardline immigration policies.