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As President Trump prepares to take office, non-citizens without legal status in the United States may feel uncertain about forthcoming changes. Historically, shifts in administration have led to modifications in immigration policies and enforcement priorities. In light of this, it's prudent for individuals without lawful status to take proactive steps to secure their future and legal rights.
At Barrera Legal Group, we are committed to empowering our clients and community with knowledge and preparation. If you or someone you know qualifies for an immigration benefit, in preparing for immigration policy changes under Trump, it's essential to take action and explore eligibility now. Doing so not only provides a clear legal pathway but also safeguards against potential complications arising from policy changes.
1. Take Action on Current Immigration Benefits
Securing immigration benefits now can be advantageous, especially if future policy changes tighten eligibility requirements or impact processing times. Consider moving forward if you qualify for:
Family-Based Green Cards: If eligible for a green card through a U.S. citizen or lawful permanent resident family member, initiate the application process promptly.
U-Visas and T-Visas: These visas are vital for victims of certain crimes and human trafficking. Applying as soon as you qualify can protect you and offer a path toward lawful status and, ultimately, a green card.
Parole Programs: Parole provides temporary authorization to stay in the U.S. for those who meet specific humanitarian or other qualifying circumstances. Programs like Military Parole in Place are designed to protect family unity. It should be noted that the Keeping Families Together Parole in Place program has been terminated through court litigation.
Asylum and TPS (Temporary Protected Status): These benefits may be available to individuals fearing persecution or hailing from certain designated countries facing crises. Current applications are typically governed by existing policy, but future changes can occur, impacting eligibility and processing timelines.
Other immigration benefits exist for those in specific situations. If you’re unsure about your eligibility, a consultation with an immigration attorney can help clarify your options.
2. Preparing a Plan for Potential Removal Proceedings
If there is a risk of being placed in removal proceedings, creating a plan of action is essential. This preparation can make a significant difference in successfully navigating the complexities of immigration proceedings.
Organize Physical Presence Documentation: Collect documents that demonstrate your physical presence in the U.S. for as many years as possible. Utility bills, lease agreements, tax records, employment records, and school enrollment records for children are helpful evidence of your continued residence.
Document Family Hardship: If you have immediate family members who are U.S. citizens or lawful permanent residents (LPRs), gather records that illustrate the hardship they would face if you were removed. This could include financial, emotional, medical, or educational hardships for parents, spouses, or children.
Collect Criminal and Immigration Records: Compile all records related to any past criminal history or immigration encounters. These documents can be instrumental in preparing a defense strategy and assessing eligibility for release or relief.
Prepare Collateral for Bond: In case of detention, collateral such as home ownership or other financial resources may be useful if an immigration judge sets a bond. Having this prepared in advance can increase your chances of a timely release.
Commit to Community Service: Engaging in community service can demonstrate your positive contributions and the importance of your presence in the United States. This can be a favorable factor in removal proceedings. Removal Proceedings
For more information on removal and deportation defense, visit our Removal and Deportation Proceedings page.
3. Options for Noncitizens with a Removal Order
If you or someone you know has a removal order, there may still be legal avenues to address and potentially resolve your case. It’s important to take proactive steps to understand your legal history and explore any available remedies. At Barrera Legal Group, we are here to guide you through these complex processes and advocate for your rights.
Motion to Reopen Removal Proceedings A removal order does not always mean the end of the road. Depending on the circumstances, you may be eligible to file a motion to reopen your case. Common reasons for reopening include:
New Evidence: If new information or documentation has become available that was not previously presented, it could justify a reopening of your case.
Ineffective Assistance of Counsel: If your previous attorney failed to competently represent you, you might be able to challenge the original removal order on these grounds.
Eligibility for New Relief: If you now qualify for an immigration benefit that was not available to you during your initial proceedings, such as adjustment of status or a waiver, a motion to reopen can be filed to allow you to pursue these options.
Challenging an In Absentia Removal Order If your removal order was issued because you missed your court hearing, you might be able to reopen your case by demonstrating:
Lack of Proper Notice: If you did not receive adequate notification of your hearing date and location.
Exceptional Circumstances: If severe circumstances, such as illness or a family emergency, prevented you from attending.
Filing a FOIA Request Before pursuing a motion to reopen, it is often essential to review your immigration court and removal history. A Freedom of Information Act (FOIA) request can help retrieve important documents, including:
Records of your immigration court proceedings.
Details of your prior applications and any government findings.
Information about the specific charges or grounds for your removal. Reviewing these records allows your attorney to identify any procedural errors, evidentiary gaps, or legal avenues that could support reopening your case.
Post-Order Relief In certain situations, you may be eligible for relief even after a removal order has been issued:
Stay of Removal: If you have an active motion to reopen or appeal, you may request a stay of removal to temporarily halt enforcement of the removal order.
Deferred Action: In some cases, particularly those involving compelling humanitarian circumstances, deferred action may provide temporary relief from removal.
Prosecutorial Discretion: Depending on current enforcement priorities, the Department of Homeland Security (DHS) may exercise discretion to delay or cancel removal actions.
Pursuing Legalization Despite a Removal Order Depending on your circumstances, you may still qualify for certain immigration benefits that could ultimately allow you to address the removal order, including:
Adjustment of status through a qualifying family member or employer.
Waivers for inadmissibility, such as I-601 or I-601A waivers.
Benefits like U-Visas, T-Visas, or asylum based on new evidence or changed conditions.
How Barrera Legal Group Can Help
At Barrera Legal Group, we have extensive experience in challenging removal orders and pursuing relief for our clients. We can assist by:
Filing a FOIA request to thoroughly examine your immigration and removal records.
Identifying any procedural errors or grounds to challenge your removal order.
Preparing and submitting a motion to reopen, supported by a strong legal argument.
Exploring alternative forms of relief and guiding you through the application process.
Take the First Step Today
If you or a loved one has a removal order, it’s crucial to act quickly. Contact Barrera Legal Group today to schedule a consultation. Together, we can evaluate your case and help you navigate the options available to secure your future.
4. Stay Calm, Informed, and Prepared
It’s natural to feel concerned about potential changes, but staying calm and well-informed will allow you to make the best decisions. Keep updated on any shifts in immigration policies as they occur, and consult a trusted immigration attorney to understand how these may impact your specific situation.
At Barrera Legal Group, we are committed to helping you navigate these uncertain times. Our attorneys are ready to assist in exploring and securing any benefits for which you may qualify and in preparing a strong defense plan if needed. Our goal is to provide our clients with peace of mind, allowing them to feel empowered and prepared for any challenges that may arise.
We will be providing updates on any changes in immigration policies, including benefits related to DACA, Parole in Place, and TPS, which are benefits that President Trump can most easily affect.
If you or a loved one needs help, reach out to Barrera Legal Group today. Together, we can help secure your future and work toward achieving a positive outcome, no matter what changes lie ahead.