Trump's Marriage-Based Green Card Policies: What Every Spouse Must Know

Summary

This video discusses how a potential return of a Trump presidency could affect marriage-based green card applications. Key impacts include changes in procedural requirements, risks related to Advanced Parole travel, and the possible reinstatement of the automatic Notice to Appear (NTA) policy, which could trigger deportation proceedings even for minor issues. Applicants should be aware of increased scrutiny, delays, and potential legal battles under a Trump administration. The video advises seeking legal counsel and considering whether to apply now or wait until the political landscape stabilizes.

Takeaways

• 😀 A potential Trump presidency could lead to significant changes in the marriage-based green card process.
• 📝 Procedural changes, such as the introduction of new forms, could complicate the application process for green card applicants.
• 📄 One of the key changes could be a requirement to prove you won't become a public charge, which could lead to more denials.
• ⚖️ While a court struck down some of Trump's previous policies, it's likely that similar policies could resurface under his administration.
• ✈️ Advanced Parole, a document allowing re-entry while your green card application is pending, could become riskier under Trump.
• 🚫 Travel with Advanced Parole may result in denial of re-entry, especially for non-essential reasons like vacations.
• ⚠️ The return of the Automatic NTA (Notice to Appear) policy could lead to deportation proceedings if your green card application is denied.
• 📑 Even minor issues, such as missing a document or incorrect translation, could result in an NTA and a lengthy legal battle.
• 💼 Applicants should assess their situation and timing before applying, especially if there are concerns about potential denials.
• ⚖️ It's highly recommended to consult an immigration lawyer before applying under a Trump presidency to navigate these risks effectively.
• 📅 Understanding these potential changes will help applicants better prepare for challenges in the marriage-based green card process.

Q & A

How could a Trump presidency impact marriage-based green card applications?

A Trump presidency could result in procedural changes, including more complicated forms and additional scrutiny on applicants. These changes may lead to delays, denials, and greater risk for applicants seeking marriage-based adjustment of status.

What procedural changes could occur under a Trump presidency that would affect marriage-based green card applications?

Under a Trump presidency, applicants could face additional forms requiring extensive personal information such as education, job history, and earning potential. These forms aim to assess the likelihood of applicants becoming a public charge, increasing the chances of denial, delays, and extra steps before the case is reviewed.

What are the risks involved with using Advanced Parole under a Trump presidency?

The risk of denial upon re-entry after using Advanced Parole may increase under a Trump administration. While Advanced Parole was generally safe in the past, during Trump's previous term, some applicants faced denial of re-entry. Applicants should carefully weigh the necessity of their travel before using Advanced Parole.

What is the Automatic Notice to Appear (NTA) policy, and why is it concerning?

The Automatic Notice to Appear (NTA) policy triggers removal proceedings if a green card application is denied. Under Trump’s administration, any denial—even for minor reasons like missing documents—could lead to an NTA, resulting in deportation proceedings and the potential for costly and lengthy legal battles.

What could happen if an applicant misses a Request for Evidence (RFE) under a Trump presidency?

If an applicant misses an RFE for something simple like a birth certificate or document translation, under Trump’s policies, the green card application could be denied, and an Automatic Notice to Appear (NTA) could be issued, initiating deportation proceedings. This could lead to significant delays and legal costs.

Should applicants consider postponing their green card applications under a Trump presidency?

Applicants should carefully assess the risks before proceeding with their green card applications under a Trump presidency. If there is a significant chance of denial due to past issues, it may be wise to consult an immigration lawyer and potentially postpone the application until the political landscape stabilizes.

How does the risk of being denied re-entry after using Advanced Parole differ under Trump compared to other administrations?

During Trump’s previous term, there were instances where applicants using Advanced Parole were denied re-entry to the U.S., especially for non-essential travel. This risk may be higher under a Trump presidency, so applicants should reserve Advanced Parole for urgent travel only.

What is the impact of minor issues in a green card application under a Trump presidency?

Even minor issues in a green card application—such as missing documents or incorrect translations—could result in a denial and the issuance of an NTA, which would initiate deportation proceedings. This could lead to a lengthy and costly legal battle, extending the application process from a typical year to potentially several years.

What steps should applicants take if they are unsure about their green card application under a Trump administration?

Applicants should consult an immigration lawyer if they have any doubts or concerns about their green card application. A lawyer can help assess the risks, offer guidance on potential procedural hurdles, and determine whether it’s better to apply now or wait for more favorable conditions.

Why is it crucial for applicants to stay informed during a Trump presidency?

It is crucial for applicants to stay informed about potential changes in immigration policy, such as procedural changes, Advanced Parole risks, and the return of the NTA policy. Understanding these risks will help applicants navigate the green card process successfully and avoid unnecessary delays or complications.