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.
Case Processing Times
The time that it takes to process the Form I-485, Application to Register Permanent Residence or Adjust Status varies depending on several factors including, whether you are applying based on family or employment sponsorship, what USCIS service center is handling your petition, and the demand for green card interviews at your local USCIS field office.
Green Cards under the Biden Administration
During the Biden administration, USCIS processing times for adjustment of status applications were relatively quick. In some cases, applications for employment authorization (also known as EADs) filed alongside adjustment of status applications were approved within an average of just 90 days.
However, the time to receive a work permit under the adjustment of status process has started to increase in recent months. We have seen delays of five to seven months depending on the service center processing these applications.
As a result, we expect the processing of these work permits to continue to slow down during the Trump administration.
Waivers of In-Person Interviews
One of the most beneficial actions of the Biden administration was granting waivers of the in-person interview requirement for adjustment of status applicants.
Allowing applicants to forgo in-person interviews quickened the green card process, and helped USCIS reduce its backlog of cases for those awaiting in-person interviews.
The Biden administration first implemented its interview waiver policy for all employment-based applicants for adjustment of status. Thereafter, Biden expanded his interview waiver policy to family-based applicants on a case-by-case basis, such as parents and children of U.S. Citizens, as well as some spouses of U.S. Citizens.
This was a unique phenomenon that had not been exercised by previous administrations.
Elimination of Interview Waivers under Trump
Unfortunately, the Trump administration has not been in favor of granting interview waivers due to concerns regarding green card fraud and abuse. For that reason, we can expect the Trump administration to eliminate the interview waiver policy.
Going forward, employment-based and family-sponsored adjustment of status applicants can expect to be scheduled for an in-person interview with USCIS.
This will slow down the green card process significantly, causing USCIS backlogs to resurface to accommodate the heightened demand for in-person interviews.
Increases in Requests for Evidence (RFEs) under Trump
During President Trump’s first term in office, we saw an unprecedented rise in the number of Requests for Evidence (RFEs) issued for numerous types of immigration benefits including green cards and work visas.
We expect this trend to continue during his second term in office. For family-based green card applicants, it is highly likely that he will reinstate his public charge rule which presented new financial obstacles for green card petitioners and beneficiaries.
Concerns regarding marriage-based green card fraud could also lead his administration to scrutinize marriages more closely, such as requesting more evidence to prove the legitimacy of the relationship, and the possibility of requiring such couples to attend a second interview (commonly known as a fraud interview).
We have already seen second interviews being scheduled at certain U.S. Embassies and Consulates to combat visa fraud and abuse. This may soon impact couples seeking green cards under the Trump administration.
Return of Home Visits to Investigate Sham Marriages
During the Trump administration, certain couples who are applying for adjustment of status may also be exposed to home visits, where a USCIS officer visits the marital home to investigate possible marriage fraud.
Under President Biden, home visits were not routinely conducted by USCIS.
We can expect home visits to return under President Trump due to language in his executive orders directing the Department of Homeland Security (DHS) to create Task Forces for the purpose of investigating green card fraud.
This will prolong the green card process since couples who are suspected of entering “sham” marriages will be required to attend a second interview known as a fraud interview. Additionally, more evidence may be requested to prove the legitimacy of the marriage.
Reinstating a Stricter Public Charge Rule
The Trump administration is likely to resurrect its stricter version of the public charge rule for green card applicants, causing more obstacles for approval.
Established by Congress, the “public charge” rule states that individuals seeking to immigrate to the U.S. or adjust their status to lawful permanent residency, can be denied a green card, if they are deemed likely to become a “public charge.” This is defined as someone who will depend on government assistance for their basic needs.
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 stricter rule, the use of public benefits (like food stamps, Medicaid, and housing assistance) were factors that were considered in public charge determinations, making it more difficult for immigrants to obtain a green card.
The Biden administration dismantled Trump’s public charge rule after taking office.
Trump is very likely to reinstate his stricter public charge rule, leading to a higher rate of denials for those who have taken public benefits from prohibited aid programs.
To revisit the rule, please read our blog post here.
How this Impacts Adjustment of Status Applicants in 2025
Trump’s immigration policy changes mean that the adjustment of status process will take much longer than before. We expect that under Trump, adjustment of status applications will take at least 20 months to be adjudicated when compared to the current 8-month processing time.
To prevent delays, applicants must present a thorough and well-constructed application proving their eligibility for the green card to avoid being issued a Request for Evidence (RFE).
Green card applications will also be scrutinized more heavily to prevent green card fraud. As a result, couples need to be especially careful to provide sufficient evidence of the bona fides of their marriage such as proof of cohabitation, joint responsibility for assets and liabilities, joint income tax returns, photographs throughout their marriage, and other related evidence.
To prepare for these upcoming changes, seek the assistance of an experienced immigration attorney who can help you be successful in your application process.
Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.
Helpful Links
- President Trump’s Day One Executive Orders
- February 2025 Visa Bulletin
- Adjustment of Status Filing Dates from Visa Bulletin
- USCIS Processing Times
- Immigrant Visa Backlog Report
- ImmigrationLawyerBlog
- ImmigrationU Membership
- Success stories
- Youtube channel
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