With Donald J. Trump's election as president, the immigrant community in the US, potential immigrants and their advocates, are now braced up for heightened uncertainty amid concerns about the efficacy of his sweeping proposals for mass deportation, rescinding President Obama's Executive Orders on immigration, and ushering in strict enforcement of current immigration laws.
The potential casualties:
1. Deferred Action for Childhood Arrival (DACA) is likely to be gone.
2. PROVISIONAL WAIVER, which allows those beneficiaries of current immigrant petitions who are not eligible for adjustment of status to proceed with consular processing and return, will also be gone.
3. There will be a return to the policy of detention for those present without legal status, and legal immigrants convicted of deportable offences; thus, requiring bond hearing before immigration judges.
4. Likely end to generous TPS declaration.
5. Tracking of entry to identify visa overstays.
What can you do?
For those with a basis to obtain legal permanent residency (Green Card), they should as a matter of urgency get on with it and pursue it. Many individuals with DACA and TPS that were not able to adjust their status because they entered without permission (EWI) may be able to adjust their status if they are in bonafide marriages or are beneficiaries of current immigration petitions. Know your rights and your options, and explore all legal options to legalize your status.
This is not a time to panic, your first order is to know where you stand. Consult an experienced and licensed immigration attorney to get your questions answered.
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Peter Loblack is a leading immigration attorney in Florida. A graduate of Harvard University, the University of California, and a member of the American Immigration Lawyers Association.
Attorney Loblack handles cases of Deportation, Adjustment of Status, Work Permits, Green Cards, and Waivers, which other attorneys might be able afraid to take on.
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