Preparing for Trump’s Presidency
On January 20th, 2025, Donald Trump will be inaugurated as president of the United States for a second time. I remember his last administration vividly, as I worked throughout those four years as counsel to immigrants in family visa petitions, removal/deportation proceedings, and VAWA/victim cases. Those were unnecessarily difficult years, as the Trump administration treated all immigrants as suspicious criminals, making even the mildest of filings more tedious than they should be.
Using the 2017-2021 years as a guide, here are a few recommendations from an experienced immigration attorney practicing in metro-Atlanta:
Know Your Rights
Just because an immigration officer says something, it does not make it true.
Immigration is an incredibly complex area of law. Even officers with the best intentions make mistakes. I’ve seen countless applications, which should have been approved, be denied due to an officer’s misunderstanding or misapplication of the law. This can have severe consequences. If your USCIS application for a green card is denied due to USCIS error, for example, you might be placed into removal proceedings. Even though it was a mistake, you now face deportation. Remember that you have the right to appeal denials and decisions, and you have the right to counsel.
When encountering an immigration officer, please remember your rights:
You do not have to open the door if an immigration agent is knocking, unless they have a warrant signed by a judge. You can respectfully say, “I am exercising my Fourth and Fifth Amendment rights. I do not give you permission to enter my home unless you have a warrant to enter, signed by a judge or magistrate with my name on it. If you have this warrant, please slide it under the door for me to review.”
You have the right to remain silent when being questioned by an immigration agent.
You have the right to speak with a lawyer and do not have to answer questions.
If you are not at your home, you should ask the agent if may leave or if you are being detained. If they say that you are free to leave, then do so.
If an officer asks to search your person, vehicle, or bags, you have the right to refuse. Respectfully tell them, “I am exercising my Fourth and Fifth Amendment rights. I do not give you permission to search my person or belongings unless you have a warrant, signed by a judge or magistrate with my name on it. If you have this warrant, please show it to me so that I amy review.” However, note that, outside your home, agents have more power to justify a warrantless search.
Make a Plan in Advance
The best protection against severe immigration law problems is to have a plan in place. Make an appointment to speak with an attorney. Create a file folder with copies of important documents, and make sure that a trusted friend or relative can find it.
For example, if you are comfortable with a computer, you might create a cloud-based folder and share it with your spouse and children.
If you are not comfortable with a computer, you might create a file folder and keep it in a secure place in your home, where your spouse and children can access it.
The folder should include these items:
Translations into English of any document as necessary.
Birth certificates for you, your spouse, and your children.
Marriage certificate for you and your spouse.
Criminal records, you including traffic citations.
Proof of filing tax returns (see the IRS website here to request free copies of your Tax Return Transcripts).
Immigration records, especially copies of a work permit card, your passport, permanent resident “green card” records, DACA, TPS, U visa, travel documents, visas, etc.
Financing Immigration Cases
If you worry about having enough money to pay for USCIS filings fees and to pay for legal representation, consider contacting a financing company like BYDCash, which might be able to assist with reasonable payment plan.
Contact an Attorney
Having a relationship with experienced counsel can help expedite any legal immigration process you might qualify for. You can review your options and be ready. You might even qualify for something already.
If you want to make an appointment to speak with an attorney, click here or on the appointment link below.
