Planning for a Trump Presidency: Immigration Options

By: Vishal Chander

On November 8, 2016, Mr. Donald Trump was elected to be the 45^th president of the United States.   The rhetoric of used by the Trump campaign placed many immigrant communities in fear.  Many undocumented immigrants are now living with uncertainty about their future in the United States. 

 

Many foreign nationals in the United States have delayed addressing their immigration issues believing that immigration reform would resolve their immigration problems.  With the rhetoric of mass deportations under a Trump presidency, people living in the United States without immigration status should consider the following options to resolve their immigration status.

 

Here are options which many should consider:

 

1. I-601A Provisional Waiver- Undocumented persons who are married to United States citizens or lawful permanent residents should pursue the family-based immigration process and prepare for submission of a waiver of inadmissibility.  The provision waiver program allows for adjudication of the waiver without the need to depart the United States.  After the waiver is approved, the foreign national will need to depart the United States and apply for an immigrant visa at a United States consulate.

2. 245(i) – Undocumented persons who were the beneficiary of an immigrant petition, labor certification or who were child dependents of the beneficiary of an immigrant petition filed before April 30, 2001, may be eligible to obtain lawful permanent resident status if a family member or employer sponsors the person.

3. Family Unity Beneficiaries – Individuals who were the beneficiaries of Family Unity program and have not obtained lawful permanent resident status should take actions to complete the process.

 

DACA recipients should begin examining alternative options as the DACA program may be in jeopardy under the Trump administration.  DACA recipients who start United States businesses might be viable candidates for E-2 investor visas coupled with an INA 212(d)(3) waiver.

 

Undocumented individuals should discuss their options with a qualified immigration lawyer.

 

Vishal Chander

Gardere Wynne Sewell LLP

2021 McKinney Ave Ste 1600

Dallas, Texas 75201

(214) 677-4990

(214) 999-4535 (Spanish)

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