Sooner or later, we must all face the fact that Donald Trump won the election and is now president. For foreign nationals in the United States, the sooner the better. Exactly what this means for immigrants—documented or undocumented—nobody really knows. Within days of taking office, Trump caused chaos by issuing harsh, apparently ill-conceived Executive Orders on immigration. A host of lawsuits followed challenging the ban on foreign nationals from Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen. (Some refer to this as a “Muslim ban” since the order affects those from seven Muslim-majority countries.) The Ninth Circuit has temporarily blocked the ban, and we now wait to see whether the administration will continue to fight in court or issue a new, more carefully drafted order. With so much unknown, it is a good time for foreign nationals to review the basics. Here are few pointers:
First, if you think you might be eligible to become a naturalized citizen, talk with a lawyer about this option. There are many benefits to citizenship, and strong protection from removal (deportation) is one of the greatest. When I mention this protection to clients, they often comment that they do not plan on committing any crimes so there is no need for this added protection. However, committing certain crimes is just one of many ways to lose your residency and get deported.
If you are fortunate enough to be a permanent resident, make sure that you know how to safely maintain that status. For example, are you aware that you are required to update your address with USCIS within 10 days of moving? I see many clients in the office, even those who had hired a lawyer to assist with obtaining their green cards, who are not aware of this basic requirement. And travel abroad is a serious matter for permanent residents, especially now. Business executives who engage in substantial international travel and those who own additional residences abroad should be particularly mindful of the amount of time they spend abroad. Now might be a good time to speak with a lawyer about how to maintain your permanent resident status.
Whether you are documented, undocumented, or currently residing abroad, it is now more important than ever to hire an immigration lawyer to assist you with immigration matters. It is a safe assumption that government agencies will become even more strict in how they decide matters. Beware of “notarios” or “legal consultants” who claim they can help you. Since immigration law is one of the most complex practice areas, some say only exceeded by tax law, it is important to hire a lawyer with substantial knowledge and experience with immigration matters.
If you have Deferred Action for Childhood Arrivals (DACA), keep in mind that Trump could completely revoke this program at any time. Remember that having DACA is not actually legal status in the United States. Consider consulting with an immigration lawyer to see if you are eligible to apply for some form of legal status on more solid ground. If you are eligible for DACA and have not yet applied, proceed with extreme caution. Again, a consultation with an immigration lawyer before taking any action would be wise.
This is a challenging time for foreign nationals who want to make the United States their home, either temporarily or permanently. A qualified immigration lawyer can help you navigate these troubled waters. And, remember, there’s still hope that Trump will build that “big beautiful door” for immigrants that he mentioned.