As Donald Trump returns to the White House on January 20, 2025, immigrants across the United States are understandably concerned about what his presidency could mean for immigration policies. Trump’s aggressive stances during the 2024 campaign have reignited fears about stricter immigration enforcement and potential policy changes. Let’s dive into what this means for those seeking Adjustment of Status (AOS), K-1 fiancé visas, CR-1 spousal visas, and other family-based immigration processes.
A Time for Caution
First, it’s essential to acknowledge the reality: individuals without legal status must be extra cautious. Trump’s administration is likely to maintain a tough stance on immigration enforcement. Encounters with law enforcement could lead to detention and removal proceedings, with the Department of Homeland Security (DHS) seeking to deport those without legal status.
If you’re undocumented, avoid any actions that could lead to arrest. Staying out of trouble is critical to avoiding the risk of being placed in immigration court.
What About Adjustment of Status and Family-Based Visas?
Processing Times: Likely Stable
For those filing for Adjustment of Status or family-based visas, the good news is that processing times probably won’t see drastic changes. During Trump’s first term (2017–2020), AOS processing times were comparable to those under the Obama administration. Delays during that period stemmed mostly from the COVID-19 pandemic, which caused embassy closures and slowed visa issuance.
Today, with no pandemic disruptions expected, processing times for AOS, K-1 fiancé visas, and CR-1 spousal visas should remain relatively consistent.
Potential for New Forms and Requirements
What could change, however, is the complexity of the process. Trump’s previous administration introduced Form I-944, which required applicants to prove they wouldn’t become a public charge. While this form was eventually scrapped, its introduction added significant complexity and cost to immigration filings.
It’s reasonable to speculate that a similar form or additional requirements could be introduced, creating more hurdles for applicants. This could increase both the time needed to prepare applications and the associated legal fees, as attorneys work to ensure compliance with any new rules.
Speculation and Preparation
While we can’t predict every policy change, it’s important to remain proactive:
- Stay Informed: Monitor USCIS updates and policy announcements.
- Get Professional Help: Work with an experienced immigration attorney to navigate any new requirements.
- Act Quickly: If you’ve been planning to file for AOS, a K-1 visa, or a CR-1 visa, don’t delay. Filing sooner rather than later can help you avoid potential complications from new policies.
Final Thoughts
The return of Trump to the presidency is understandably creating anxiety, but for those pursuing family-based immigration processes, there’s reason to remain hopeful. While enforcement policies may become stricter, USCIS processing times for AOS and family visas are unlikely to change drastically. However, applicants should be prepared for potential new requirements that could complicate the process.
At GS LAW, APC, we are committed to helping you navigate these uncertain times with confidence. Whether you’re filing for a green card, K-1 visa, or any other immigration benefit, our experienced attorneys are here to guide you every step of the way.
Need Assistance? Contact GS LAW, APC
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