President-Elect Donald Trump and U.S. Immigration Policy: Open Discussion

Attorney_22

By Attorney_22,
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Attorney_22 Advanced Member

Attorney_22

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This week, Murthy Law Firm attorneys will answer questions regarding concerns for what a Trump White House may mean for U.S. immigration policy.

 

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oo7mib Newbie

oo7mib

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I read the article and understand that its not easy to pass any immigration law so quickly as we have seen in past.

But please note that this time the situation is different. We have Rep President, a Rep Senate majority and Rep Congress House majority.

So in all three front, Republican is major. Dont you think that in this case making changes to immigration would be quite fast?

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Attorney_22 Advanced Member

Attorney_22

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On 11/17/2016 at 11:08 AM, pontevecchio said:

Hello,

Can Mr. Trump unilaterally take executive action to say eliminate the H1 program? Also can executive action be a tool to undermine US Immigration law?

Thanks.

An executive action cannot be used to eliminate the H1B program. To do so it would require a formal change to the immigration laws which can be a longer and more tedious process.  

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Attorney_22 Advanced Member

Attorney_22

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On 11/17/2016 at 11:12 AM, oo7mib said:

I read the article and understand that its not easy to pass any immigration law so quickly as we have seen in past.

But please note that this time the situation is different. We have Rep President, a Rep Senate majority and Rep Congress House majority.

So in all three front, Republican is major. Dont you think that in this case making changes to immigration would be quite fast?

Even with a republican majority in congress, quick substantive changes to U.S. immigration law is doubtful. 

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Attorney_22 Advanced Member

Attorney_22

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18 hours ago, balasankar1974 said:

Hi ,

I have completed my 6 years of H1B by Jan 7th 2017  ( I have approved I 140) . My Employer applied just now in regular filling after he received an Extension from Client. Will USCIS extend my H1B or they will reject due to new Govt. Policies?

 

At this time we are unaware of any proposed changes to the H1B program that would affect your H1B extension. 

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swoop Newbie

swoop

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I am 7 years post getting my Green Card under the EB1 category.  I wish to apply for citizenship soon.  Unfortunately, I have  criminal conviction in my past which occurred 25 years ago and fell under the petit offense exclusion.  This was disclosed in my I 485 application.  My concern is that recent comments by the Trump team on deporting criminal aliens has me worried as it expands the definition of criminal alien to any alien arrested for any crime.  Since this would require changes current immigration law, I am wondering if I should apply as soon as possible, before laws like this can be put into effect.

Thanks.

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Jules Newbie

Jules

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I'm worried about this too for my husband. At first the talk was about illegal criminal aliens and now Trump is saying deport criminal aliens without the illegal part. Husband has a greencard, which expires Dec 2017, has a reckless driving, alcohol related from 2010. I'm a US citizen though. I'm worried he may be affected.

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Attorney_22 Advanced Member

Attorney_22

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On 11/22/2016 at 11:42 AM, swoop said:

I am 7 years post getting my Green Card under the EB1 category.  I wish to apply for citizenship soon.  Unfortunately, I have  criminal conviction in my past which occurred 25 years ago and fell under the petit offense exclusion.  This was disclosed in my I 485 application.  My concern is that recent comments by the Trump team on deporting criminal aliens has me worried as it expands the definition of criminal alien to any alien arrested for any crime.  Since this would require changes current immigration law, I am wondering if I should apply as soon as possible, before laws like this can be put into effect.

Thanks.

We cannot know for sure how President-Elect Trump will affect U.S. immigrant law, however if one is eligible for naturalization you have to consider what are your reasons for not naturalizing, and weigh what is most important to you. 

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swoop Newbie

swoop

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On November 22, 2016 at 0:31 PM, Jules said:

I'm worried about this too for my husband. At first the talk was about illegal criminal aliens and now Trump is saying deport criminal aliens without the illegal part. Husband has a greencard, which expires Dec 2017, has a reckless driving, alcohol related from 2010. I'm a US citizen though. I'm worried he may be affected.

The big problem is no one knows what the actual rules will be and speculation is rife… It appears that much of the dialog involving considering anyone arrested being classified as a criminal alien is so anyone arrested and illegally in the US can be immediately put into deportation proceedings.  In order to change current immigration practice, it will have to go through house and senate and then signed into law by Trump.  That could take time.  If your husband's offense is not a deportable one currently (which I'm assuming) I would just apply to naturalize; he has the required 5 years of good moral conduct prior to application.  This what I'm going to do; in the end once you are a citizen you are unlikely to ever be removed from the US. Also in the past when immigration laws have changed retroactively (IIRIRA, 1996), the Supreme Court has affirmed that criminal grounds for removal have to be based on laws at the time on conviction (INS vs St Cyr, 2001; Vartelas vs Holder, 2011) not newly passed laws that find the green card holder subject to deportation.  Again, I'm not an immigration expert, so consult with one before moving forward.

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Jules Newbie

Jules

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Thank you swoop. The more I investigate though the more I realize that current immigration laws are CURRENTLY unfavorable to legal immigrants who have had ANY sort of arrest in their background.

See:

https://*********************.com/************/

 

https://www.*************.com/********.html

 

https://www.***************.org/****************

“I had never seen people getting picked up at home for an old DUI charge until recently,” said Peter Corrales, an immigration attorney in Orange, Calif., who represented several men swept up in ICE raids over drunk driving charges from the mid-1990s. Another client was arrested by ICE agents at his home in 2015 over a petty-theft conviction from the early 1990s. Such belated enforcement is often a shock for immigrants who had moved on with their lives, had children or gotten married. “They thought they had already served whatever punishment through the criminal justice system, and it’s over.”

This is very alarming!

 

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