The Unfolding Story of Immigration in the U.S.

{3:00 minutes to read} What is going to happen with regard to immigration when the new administration takes office on January 20th? The simple answer is, we don’t know.

Many immigrants in the United States, including some who have green cards, are experiencing a feeling of angst and fear. This is particularly true with undocumented Hispanics and many Muslims, including those in legal status in the US. The level of fear and concern is the highest I've ever seen. In many respects, it's worse than immediately after 9/11 when Muslims living in this country, legally and illegally, were terrified of what was going to happen.

This atmosphere of angst and fear is not just affecting the Muslim population but is also causing concern with the Hispanic population, including hispanics who've been living in this country for 10-15 years. Moms who were brought into this country as children are concerned that they're going to be deported and separated from their husbands and their children.

The uncertainty is fostering a sense that the United States is not welcoming to immigrants, with the result that even legal immigrants and the businesses that employ them may take their business and their money elsewhere. Immigrants from all over the world fill positions in the United States, not just from obvious places like China, Pakistan, etc., but Indonesia and India.

Even people living here legally are feeling the pressure. There are racial and ethnic attacks on synagogues and other houses of worship. As I said, the level of fear and concern in this country is very high right now.

Business Immigration

I’m waiting to see what happens with business immigration. Will there be a noticeable decline once Trump comes into office? My point is that he is creating a sense that America no longer welcomes immigrants. This doesn’t just affect kids in Guatemala but affects international companies and corporations, including American companies, because they have key people that they want to bring to the United States from abroad.

If people get a sense that America is no longer welcoming to immigrants, these key people will no longer want to come here, which will definitely have an adverse effect on everything. Much of the IT industry in this country was built by immigrants, particularly Indian and Chinese. If they are going to get a better deal in Germany, where they are more welcoming to immigrants than the US, then that is where some of the top people in the world are going to go.

Mitchell C. Zwaik
Zwaik, Gilbert & Associates, P.C.
5014 Express Drive South
Ronkonkoma, NY  11779
www.zwaik.com

Immigration: 2 Things to Do Before the New Administration Takes Office

{3:36 minutes to read} What is going to happen with regard to immigration when the new administration takes office on January 20th? The simple answer is, we don’t know. There are 2 things I’m recommending that people do ASAP.

Deferred Action for Childhood Arrivals (DACA)

There's a bill pending in the Senate, which would extend DACA. DACA is the Obama Executive Order that provides employment authorization for individuals who came to the U.S. under the age of 16, have lived here since June of 2007, and graduated or are attending school in this country.

Will that continue into the next administration? Who knows.

What do people do who are eligible for DACA, or have DACA? Should they renew it or not?

Our advice is to renew DACA as soon as possible if you are eligible. We see 2 possibilities:

1. Trump cancels the DACA Executive Order which will stop everything in its tracks.
2. Trump will allow the Order to go forward for those who have filed before he comes into office.

Already filed? What do you have to lose? The worst that can happen is the loss of the filing fee. The best could be a 2-year extension of your work authorization/card.

Filing for a new application at this time is not advised without speaking to an immigration attorney.

Family Based Petition (Form I-130)

U.S. immigration law provides that certain individuals who are U.S. citizens or permanent residents can sponsor close family members. Form I-130 allows the sponsor to establish the relationship to certain alien relatives who wish to immigrate to the United States.

If you are in a situation where you planned to file a Form I-130 on behalf of a relative, we recommend you do that now. The reason is that there is a regulation currently in effect that allows people who have these family ties to apply for a waiver of the 10-year bar. The 10-year bar is a rule that says if you have to leave the U.S. in order to obtain your green card, you cannot come back for 10 years. The regulation allows people to apply for a waiver of that 10-year bar while they are still in the United States.

We don’t know when or if the Trump administration will move to amend that regulation. Amending a regulation is not at all the same thing as removing an executive order. A president can cancel an Executive Order on Day 1, but a regulation requires the government to go through procedures. Getting your Form I-130 filed now, and trying to push these things through before the government has a chance to amend the regulation, can be critical.

Again, we have no idea what the new president is going to do. He may never amend the regulation, but obviously, the safe thing is to take advantage of it now if you can.

Mitchell C. Zwaik
Zwaik, Gilbert & Associates, P.C.
5014 Express Drive South
Ronkonkoma, NY  11779
www.zwaik.com