Hello my people! Lawyer María Mendoza speaks to you again. In this blog I want to address a topic of great relevance, especially in the context of the current immigration climate. As many of you know, Donald Trump has been re-elected as President of the United States, and his immigration policies during his previous term were extremely strict for many of us. That is why I want to take advantage of this space to answer some of the most common questions that have arisen, and thus be able to clarify how this new administration could affect both you and your immigration processes.
Do you think the wait time for residency will increase under Trump?
Table of Contents
- Do you think the wait time for residency will increase under Trump?
- What will happen to DACA, for those who have already submitted the application?
- How will the VAWA Visa be affected under a Trump administration?
- What happens if an immigrant has a DUI and is applying for the VAWA Visa?
- Conclusions about the new administration
Yes, it is almost certain that the wait time for many immigration procedures will increase if Trump returns to the presidency. Past experience shows that more restrictive policies and downsizing in immigration significantly prolonged cases. This means that processes become slower and more complicated, although in some cases a delay could allow applicants to keep their work permit while they wait for a new administration to evaluate their case more favorably.
What will happen to DACA, for those who have already submitted the application?
Although there have been unsuccessful attempts to eliminate DACA in the past, there are risks, especially with new applications. For those who are renewing work permits, there is some hope that they will be able to continue doing so. However, new programs like Biden’s Parole face legal risks similar to DACA, since their continuity depends on the administration in power. Programs in testing may be more vulnerable to crashes, so it is important to watch how the situation evolves.
You might also be interested in: Deportation orders and Biden’s executive order: What options do you have to regularize your situation?
How will the VAWA Visa be affected under a Trump administration?
This administration is not expected to focus its efforts on complicating access to humanitarian visas like VAWA. In the past, the focus was more on asylum cases, reducing legal immigration and restricting access to people with fewer resources, especially through the “public charge” policy. This requirement affected those seeking residency through family petitions or other procedures, but did not affect humanitarian visas such as the VAWA Visa, T Visa, or U Visa. Although there may be certain changes, these visas should continue to operate without a direct impact. It is important to mention that, in the past, meeting the minimum of 51% credibility would have been enough to win a VAWA case. However, in the TRUMP administration it will be necessary to gather as much evidence as possible to achieve 95% credibility, although the law only requires the minimum. This involves collecting additional evidence, such as evidence of abuse, that strengthens the case, even if the law does not explicitly require it. Preparation must be exhaustive to face a more adverse legal environment.
Although the client often believes he or she does not have enough evidence, the immigration attorney’s job is to explore all possibilities and document key events to strengthen the case. The attorney’s responsibility includes taking a strategic view, moving the case forward, and constantly seeking new ways to gather evidence that will make the case as strong as possible and maximize its chances of success.
You might also be interested in: How does the VAWA visa work?
What happens if an immigrant has a DUI and is applying for the VAWA Visa?
In these cases, the key element is to demonstrate that the DUI or any other crime does not define the moral character of the person, but rather was a consequence of the emotional, physical or psychological abuse they were suffering. For example, if a person in an abusive relationship commits a DUI after a particularly intense episode of abuse, you can demonstrate how this affected their mental health, and argue that the DUI was a response to that situation. This type of connection allows the crime to be presented as an isolated incident, derived from extreme circumstances. During the Biden administration, these cases have been successful as long as solid evidence of the relationship between the abuse and the crime is presented, such as medical reports, psychological reports, and any other document that reflects the impact of the abuse. However, it is quite possible that during the Trump administration, it will be more difficult to prove the connection between the DUI and the abuse suffered.
Conclusions about the new administration
Donald Trump’s administration generates a climate of fear and anxiety in many immigrant communities due to the restrictive policies it implements, such as the increase in deportations and the threat of restrictions on visas and other immigration programs. Many people live in constant fear of being detained or deported, which deeply affects their emotional well-being. I know what it means to live with that fear, because my family experienced it firsthand, and that makes me even more empathetic with my clients. Despite difficulties and uncertainty, immigration attorneys have a responsibility to find ways to fight for our clients’ rights, adapting our strategies and gathering the evidence necessary to ensure success in their cases. Although the Trump administration presents additional challenges, attorneys and clients alike continue to strive for positive results. This administration’s immigration policies are harsh, but the goal remains to advance cases and seek justice for those who need it most. If you or someone finds yourself in any of the situations described in this blog, contact us.
The fight continues!
