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Trump Immigration Policy in Term Two: What Families Need to Know

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 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.

Adjustment of status applicants were required to submit Form I-944, Declaration of Self-Sufficiency, in addition to the petitioner’s Form I-864 Affidavit of Support. Instead of applicants only needing to prove a family member or sponsor had financial resources, they were required to demonstrate their own ability to meet required income thresholds.

Applicant household income was required to be at least 125 –250% of the Federal Poverty Guidelines. This caused more challenges for green card applicants from low-income immigrant families, despite having a suitable sponsor.

After taking office in 2021, President Biden rescinded Trump’s changes to the “public charge rule,” and reinstated the public charge rules that were in place before these changes were implemented.

It is likely that the Trump administration will reinstate the 2019 public charge rule, making it more difficult for low-income immigrants to obtain a green card who have taken public benefits from the prohibited aid programs.

If you have not filed your green card or immigrant visa petition, you may encounter changes to the public charge rule in the near future.

Mandatory In-Person Interviews for Adjustment of Status (Green Card Applicants)

Under the Biden administration, many family-based green card applicants were lucky to have their interviews waived.

This may all change when Trump takes office. During Trump’s first term, his administration required most adjustment of status applicants to attend in-person interviews, including employment-based green card applicants.

Unfortunately, this caused a dramatic increase in processing times for green card applicants due to limited USCIS resources to accommodate the demand for in-person interviews.

While in-person interviews are generally required under the law, prior to Trump’s presidency, the U.S. Citizenship and Immigration Services (USCIS) waived in-person interviews for a broad category of applicants, including employment-based green card applicants to better allocate resources toward higher risk cases.

Trump’s actions suspending the interview waiver program may be reinstated, leading to longer wait times to be interviewed and receive a green card.

Visa Processing Delays at Consulates Overseas for Family-Based immigrants

Visa processing delays were a hallmark of the first Trump administration. The Muslim travel bans and other country-specific bans on visa issuance prevented family-based immigrants from entering the United States to be with their loved ones.

The volume of applicants placed under administrative processing also increased under the Trump administration, leaving many applicants in limbo.

We expect similar delays to occur during Trump’s second term in office. His campaign has called for the return of the Muslim travel bans, as well as other executive actions that could impact the issuance of immigrant visas for individuals from affected countries.

Delays for K-1 Fiancé(e) Visas

During the Trump administration, K-1 fiancé(e) visas were processed slowly. In recent years, processing times for these visas improved under the Biden administration.

We expect longer wait times for K-1 fiancé(e) visas under the Trump administration, along with higher scrutiny at in-person interviews to combat marriage fraud and abuse of the green card process.

Mixed Status Families

Families with mixed immigration status, composed of U.S. Citizens and undocumented immigrants, may face new restrictions under the Trump administration.

The President-elect has said in media interviews that he plans to engage in massive deportations of undocumented immigrants, including deporting mixed status families together. We expect Trump to utilize executive actions to target these families, causing more hardship and increased scrutiny when sponsoring undocumented family members.

Waivers of Inadmissibility

Waivers of inadmissibility allowing non-citizens to immigrate to the United States were subject to a high level of scrutiny during Trump’s first term in office. The rate of denials increased sharply, making it more difficult for undocumented immigrants to legalize their status.

While processing times for waivers have been lengthy under the Biden administration, approval rates have remained steady.

In the future, we expect the Trump administration to continue to scrutinize waiver applications and for denial rates to rise.

Travel Bans

We expect a return and expansion of the “Muslim travel bans,” making it more difficult for applicants to travel to the United States, despite having immigrant visas in hand. If these bans are reinstated, applicants will not be able to obtain visa interviews at Consulates and Embassies abroad, causing more backlogs and headaches for those from affected countries.

To avoid interruptions to your travel, ensure your case is documentarily complete and make inquiries with the U.S. Consulate to learn about wait times for interview scheduling.

Conclusion

While these changes may take time to develop, they are a sign of things to come in the next year. Family-based immigration will be affected, and more obstacles will be presented. To get ahead of these delays, speak with an experienced immigration attorney to help you plan your future under the Trump administration.

Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.

Helpful Links

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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.

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