Every immigrants in the U.S. are preparing for the event that will happen starting January 20, 2025 when Trump administration will be starting mass deportation. The ICE Agency is continuously discussing with the governors and mayors to get their cooperation in looking for undocumented immigrants. The ultimate goal is to drastically reduce the 11 million undocumented. If you or anyone in your household do not have a green card or work permit that is currently valid or is not a U.S. citizen, then you are undocumented.
The following actions should be done before January 20, 2025.
- File a petition and adjustment of status for those who have US citizen spouse, child over 21 years of age or parent.
- If you are not in the above category you may be qualified for asylum or VAWA (Violence against Women Act which also applies to men)
- Your sponsoring employer may also be able to file a petition and adjustment of status for you.
- If you have a DACA please renew the work permit if already near expiration.
- If your Employment authorization Document is expiring in six months you may have to renew it.
We need to help our friends and relatives avoid mass deportation
To prepare for this event on January 20, 2025, it is important that the immigration applications and petitions must be filed. Otherwise, it will be more difficult if they are arrested and sent to concentration camp as promised by Trump. If the immigration agents knock on your door, do not let them in. Instead ask for a warrant issued by a judge and not by an immigration officer. You have the right to refuse them if they have no warrant. You should also sign up for an immigration attorney to defend you. You must have a valid passport in your possession and birth certificate of your children and marriage certificate. You must also have the phone number of your family members. The plan of Tom Homan, the appointed ICE or Border Czar, is he will not separate families but will allow mixed families to be deported together with the undocumented.
If they are undocumented (meaning no green card or work permit) the only options are:
- ADJUSTMENT OF STATUS WITH PRIORITY DATE CURRENT
- APPLY FOR ASYLUM
Note that having a pending petition while in the US WITHOUT VALID NONIMMIGRANT STATUS IS ALSO CONSIDERED UNDOCUMENTED.
Who will be prioritized in mass deportation?
- Those with criminal records even if you are a green card holder if your crime made you deportable.
- Those with deportation already issued by the court.
- Temporary Protected Status
Are family petitions affected?
NO, but Trump may slow down the processing and make strict application of law specially affidavit of support
Are employment-based petitions affected?
NO. Trump favors employment based petiton.
If I file asylum, can I withdraw it anytime?
Yes. With notice to USCIS or the court. But you will not have a legal status once you withdraw.
Will Trump be able to change Asylum law?
No because asylum is based on United Nations agreement and the U.S. is a signatory to this agreement.
What is the procedure to file asylum?
To file asylum with USCIS (affirmatively and not in Removal Proceedings) you need to file at the assigned filing location. They will schedule an interview with an asylum officer. If no interview after 150 days they will issue a work permit good for five years. When the interview is later on scheduled and you pass, you will get a green card. If they deny the application, you will be referred to the immigration court and you can renew the asylum application in Immigration Court.
How many asylum cases are pending?
There are more than two million asylum cases pending in the U.S. Of those cases, 780,000 cases are pending with USCIS as an affirmative filing (not in the court)
Note: This is not a legal advice.
IMPORTANT ANNOUNCEMENT
- PETITION FOR CAREGIVERS
Our Law Firm entered into agreement with Care Home Facilities in the U.S. to process applicants for Caregivers in the US
You may qualify if you six months experience as Caregivers.
Applicants Inside the United States or in the Philippines or other countries may qualify.
We also process Bankruptcy cases.
- Bankruptcy will actually improve your credit within one year because your unsecured debts are discharged.
- 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.
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, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: [email protected] Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.
