¡Hola mi gente! I’m attorney María Mendoza, and in this blog, I want to address a highly relevant topic, especially in the current migration climate. As many of you know, Donald Trump has been re-elected as President of the United States, and his migration policies during his previous term were extremely strict for many of us. That’s why I want to take this opportunity to answer some of the most common questions that have arisen and clarify how this new administration could affect you and your migration processes.
Will the waiting time for residency increase with Trump?
Yes, it’s almost certain that the waiting time for many migration procedures will increase if Trump returns to the presidency. Experience shows that more restrictive policies and reduced immigration personnel significantly prolonged cases. This means that processes become slower and more complicated, although in some cases, a delay could allow applicants to maintain their work permit while waiting for a new administration to evaluate their case more favorably.
What will happen to DACA for those who already submitted their application?
Although there were unsuccessful attempts to eliminate DACA in the past, there are risks, especially with new applications. For those renewing work permits, there’s some hope that they’ll be able to continue doing so. However, new programs like Biden’s Parole face similar legal risks to DACA, as their continuity depends on the current administration. Pilot programs may be more vulnerable to blockages, so it’s essential to monitor the situation.
You might also be interested in: Deportation orders and Biden’s executive order: What are your options for regularizing your status?
How will the VAWA Visa be affected under a Trump administration?
This administration is not expected to focus its efforts on making access to humanitarian visas like VAWA Visa more difficult. 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 it 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. However, 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 reach 95% credibility, although the law only requires the minimum. This involves collecting additional evidence, such as evidence of abuse or mistreatment, that strengthens the case, even if the law does not explicitly require it. Preparation will need to be thorough in order to face a more adverse legal environment.
Although the client often believes that he or she does not have sufficient evidence, the job of the immigration attorney is to explore all possibilities and document key events to strengthen the case. The attorney’s responsibility includes having a strategic vision, moving the case forward, and constantly looking for 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 if an immigrant has a DUI and is applying for a VAWA Visa?
In these cases, the key element is demonstrating that the DUI or any other crime does not define the person’s moral character but was a consequence of the emotional, physical, or psychological abuse they suffered. For instance, if someone in an abusive relationship commits a DUI after an intense abuse episode, they can show how it affected their mental health and argue that the DUI was a response to that situation. This connection presents the crime as an isolated incident derived from extreme circumstances. During the Biden administration, such cases have been successful when solid evidence links the abuse and the crime, such as medical, psychological reports, and documents reflecting the abuse’s impact. 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
The Donald Trump administration generates fear and anxiety in many immigrant communities due to restrictive policies, increased deportations, and threats to visa and migration programs. Many people live with constant fear of detention or deportation, affecting their emotional well-being. I understand what it means to live with that fear, as my family experienced it directly, making me more empathetic with my clients. Despite difficulties and uncertainty, immigration attorneys must find ways to fight for our clients’ rights, adapting strategies and gathering necessary evidence for success. Although the Trump administration presents additional challenges, attorneys and clients continue to strive for positive outcomes. The administration’s migration policies are tough, but the goal remains to advance cases and seek justice for those who need it most. If you or someone is in one of the situations mentioned in this blog, please contact us.
¡La lucha sigue!
