07 Nov Will Trump issue a mass deportation order?
One of the campaign promises of Donald Trump is to deport all undocumented immigrants. It is expected that he will instruct the Department of Justice to deport all undocumented immigrants. Therefore they should be prepared that this will take place as soon as he assume office on January 20, 2025. The good news is that those with a valid documents will not be affected. Valid stay means unexpired immigrant or nonimmigrant visa. Based on the status of your application for green card you may possess an employment authorization card or extension of your Conditional Gren card. These are proof of your valid stay in the U.S. For nonimmigrant visa you may have your unexpired Visitor visa, fiancé visa, student visa or other types of nonimmigrant visa which are also proof of your valid stay.
If your visa expired then you need to renew or file a new application to have a valid stay. There are many ways you can apply for permanent resident for you and your family.
With regards to filing a new visa application or petition. the most common question is how to make their case work faster for family unification. While there is always the waiting for priority dates and processing time you can actually do something to make your family unification work faster.
You need to strategize the immigration process for maximum benefits. For most of the immigrants, family unity is the most important part of staying in the United States. However, many failed to use a strategy or process that will make them united faster than what is happening. There are lots of strategies that family unity may be achieved. Some of them are:
- For a newly married couple with one having a green card, filing a petition for spouse in the Philippines and all qualified children once an immigrant received his green card is a good start. Remember that even if you are a green card holder, you can petition your spouse and children as soon as you receive your green card. You do not have to wait for you to become a U.S. citizen to petition a wife or husband and children. There are many cases when a minor child could have been included in the petition but for some reason they were left behind and aged out.
- When a person is petitioned by a U.S. citizen spouse, the U.S. citizen spouse may also file a petition for the stepchildren below 18 at the time of their marriage. This was always set aside or forgotten for some reason. The is also true when an employment-based petition is filed for someone in the U.S. Once the priority date has been established for the worker, the spouse and children become derivative of the petition. They can immigrate with the petitioned worker together as a family once the immigrant visa is approved for the petitioned worker.
- Conditional permanent residents may also start petitioning their children without waiting for the permanent green card which takes a long period of time in the processing of the case. This will save precious time for the children so that they will not age out.
- You can file for naturalization even if you have a pending petition for a child who is over 21 years of age. Beforehand, you may not naturalize because the priority date will change for a children of green card holder to that of a U.S. citizen. Now you can request the USCIS to keep the priority date of your children under the category of children of permanent resident. This is called Request for cancellation of automatic conversion. With this process, you can be a US citizen and at the same time keep the priority date of your children’s petition.
Note: This is not a legal advice and presented for information purposes only. If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.
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Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers.
He has practiced immigration law and bankruptcy since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.