I am attorney María Mendoza, an immigration lawyer. Last Monday, January 20, Trump took office as President of the United States and began issuing a series of executive orders that we were all expecting. These are not good news, and I want to discuss this situation regarding immigration matters in the United States.
First, despite all the initiatives taken by Donald Trump, these executive orders have not yet come into effect as laws. In other words, Donald Trump signed these orders, but they are not yet supported by law. However, it is a reality that many of them represent a setback compared to the past four years.
Also of Interest: Migration processes and the Donald Trump administration: Frequently asked questions
What will happen to automatic citizenship?
Let’s start with the order regarding automatic citizenship for people born in the United States. Donald Trump is attempting to eliminate that right through one of the executive orders. Essentially, the order states that if a child of undocumented immigrants is born in the United States, this person will not be entitled to U.S. citizenship.
Conversely, if the children are U.S. citizens, the possibility of their parents adjusting their immigration status will depend on several factors, such as how they entered the United States. If they entered legally with a visa or passport, it is generally less complicated. In most cases, they can adjust their status. Work permits take between six and eight months. Residency takes approximately one or two years, and the entire process can be completed without leaving the United States.
Automatic citizenship is one of the first executive orders Donald Trump signed, which will likely face significant challenges before becoming a reality. We hope litigation against this order begins soon.
Also of Interest: How to obtain legal migratory status through a US citizen son or daughter?
For those in this situation, they should act quickly to submit the required documents. We don’t want the public charge rule to return—something Donald Trump has not yet mentioned but could reinstate. During his last four years in office, this rule made it very difficult to resolve many cases.
If you entered illegally, there are ways to adjust your status within the United States, as long as you meet certain requirements. Not everyone qualifies, which is why it’s essential to have a consultation. Depending on the case, you may qualify under 245(i), employment, or humanitarian visas such as VAWA, U, or T visas.
Do the executive orders affect VAWA visa cases?
Regarding VAWA visa cases, let me remind you that this law was passed by Congress, and eliminating it would require congressional action, which is not easy. However, stricter reviews of these cases could be implemented. Although no specific evidence is required for a VAWA visa, presenting concrete proof such as messages, photos, and medical reports can strengthen your case with USCIS.
As for the U visa, applying for this visa can help overcome previous deportations. I recommend consulting with an immigration lawyer to evaluate and prepare your case thoroughly. If you have suffered extreme abuse or forced labor from smugglers or employers, you may qualify for the T visa.
What is Remain in Mexico?
Donald Trump has decided to reinstate the “Remain in Mexico” policy, which would require some asylum seekers to stay at the Mexican border while waiting for their hearings in U.S. immigration courts. This policy was originally implemented by Trump during his administration in 2019, forcing thousands of migrants to spend extended periods in Mexican territory.
Formally known as the “Migrant Protection Protocol,” it was heavily criticized in the past because it left asylum seekers in vulnerable conditions, exposing them to risks in border areas. This action is part of a set of orders aimed at strengthening border security and reducing migration flows to the United States.
Also of Interest: The hope of winning an asylum case
Donald Trump has also discussed rolling back asylum policies with this program, aiming to limit or eliminate the rights of asylum seekers, making his stance very clear. This will likely lead to future litigation.
At The Mendoza Law Firm, we have over 15 years of experience. If you or someone you know needs legal advice or is in one of the situations mentioned in this blog, don’t hesitate to contact us. Get in touch with us!
¡La Lucha Sigue!
