President-Elect Trump has made immigration a central focus of his 2024 campaign, pledging to impose sweeping restrictions on both illegal and legal immigration. These proposals, which include stricter scrutiny of immigration benefits and harsher enforcement measures, signal a return to policies aimed at curtailing pathways to LEGAL residency and citizenship. Such initiatives are likely to significantly impact family-based immigration processes, creating new challenges for applicants and legal practitioners alike.

Immigration lawyers across the U.S. have been brainstorming about the anticipated changes in US Immigration policies and practices under Trump’s Administration, and we are now sharing some insights for our readers:

Tighter Restrictions:
- Expect more thorough/rigorous examination of family petition benefit applications,
- fewer interview waivers,
- more interviews being scheduled,
- harder interviews,
- deeper and more enhanced investigations into document authenticity and circumstances of each case.

Discretionary Decisions.

Greater use of discretion (USCIS officer’s or Consul’s decision making power) as the main reason for denying applications, even for minor technicalities.

Extended Processing Times:

Delays in adjudications, additional interviews, and denials without prior notices like RFEs (Requests for Evidence) or NOIDs (Notices of Intent to Deny) could become common.

Policy Rollbacks:

Changes in policies supporting applicants to non-supportive positions, including Child Status Protection Act safeguards, Board of Immigration Appeals precedents, and provisional waiver programs.

Reinstated Trump-Era Memos:
- Return of first term Trump policies that allow denials without RFEs or NOIDs (RFE/NOID memo that allowed for USCIS officers to exercise discretion and deny without sending out any letter asking for additional evidence from the applicant); and reduced prosecutorial discretion.
- Also, we expect that Immigration Judges will have less power to dismiss, cancel, terminate or administratively close proceedings where respondent/applicant has another relief venue or an I-601A Waiver pending.

Areas Requiring Special Attention:

Deferred Action: DACA renewals, U visa petitions, and SIJS cases may face increased scrutiny; proactive measures are crucial to safeguard clients.
Public Charge Evaluations: A return to stringent public charge standards might necessitate detailed preparation of sponsor documentation and affidavits of support.
Consular Processing Challenges: Greater scrutiny at consulates could lead to revocations of immigration benefits due to additional findings of inadmissibility, especially in provisional waiver cases.

By being aware of and preparing for these changes, immigrants can be better prepared for the future of restrictions in family immigration under Trump.

To begin your own legalization journey in the U.S., call Shepelsky Law Group today at (718)769-6352 or schedule a consultation right now by clicking here https://shepelskylaw.cliogrow.com/book