Donald Trump will take the oath of office on January 20, 2025. Once he assumes power, he has promised wide-ranging changes to our country’s immigration system. These include mass detention and deportation, a return to the “Remain in Mexico” policy, ending parole programs and Temporary Protected Status, and a renewed travel ban (a/k/a the “Muslim ban”).
In the weeks before Mr. Trump takes charge, what should asylum seekers and immigrants be doing to get ready?
First, it is important to remain calm. This is, of course, easier said than done. But there are a few things to keep in mind about the new Administration. Most importantly, you should remember that the President’s authority is not absolute. He can make regulatory changes to interpret the law, but he cannot change the law without Congress. Also, regulations can be challenged under the Administrative Procedures Act, which basically prevents a government agency from making rules that are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” The APA came into play during the first Trump Administration and helped limit the damage.
Aside from potential legal challenges, much of the Trump agenda will be difficult to implement due to logistical and practical constraints. It is not easy to find “illegal” migrants, and tracking people down will require significant resources. To detain people requires detention space, which is limited. Deporting people is expensive (the average cost to deport just one person is $19,599). Also, there will be significant public resistance to mass deportations.
For these reasons, Mr. Trump’s deportation agenda is likely to move more slowly than he and his allies would like. This is not to say that things won’t be difficult, but we need to be realistic about what the new Administration can achieve, and not panic over the future President’s frightening rhetoric.
In practical terms, there are steps that asylum seekers and other migrants can take to protect themselves. Here are a few ideas:
Be Prepared: Fortune favors the prepared, and it is important to get ready. Make sure you have a copy of all your documents, including documents you sent to the U.S. government and documents that the U.S. government sent to you. If you are missing documents, you can obtain them through a Freedom of Information Act request to USCIS or to the Immigration Court.
If you have documents, keep a back-up copy available and accessible (maybe saved in your email or Drop Box).
Also, if you have a pending asylum case, gather all your evidence and be ready for an interview or court hearing. During President Trump’s first term (and prior to Covid), the Immigration Courts issued a record number of decisions in asylum cases. While denial rates increased, in absolute terms, the courts granted more asylum applications than ever before. If case processing speeds up after Mr. Trump returns to the White House, it is important to be ready, as that will increase the likelihood of a positive outcome.
Work Permits: If you do not have an Employment Authorization Document (EAD) and are eligible to apply, it is a good idea to do so now. In general, asylum seekers are eligible to file for their EAD 150 days after their asylum application, form I-589, was received by the U.S. government.
If you have an EAD and are eligible to renew, you should do that now as well. Per the I-765 instructions, USCIS recommends that you file to renew no more than 180 days before the current card expires, and that is how I have always done it. However, at least one reliable non-profit–the Asylum Seeker Advocacy Project–advises that anyone with a two-year EAD file to renew immediately, so they hopefully receive the five-year EAD, which USCIS has been issuing since October 2023. Also, ASAP recommends that if your EAD expires prior to 2028, you file to renew now, in the hope that you will get a new card and extend the period of work eligibility. ASAP sensibly points out, “even if you do not receive your 5 year work permit before the new president makes changes, it may be helpful to have a work permit application already pending [since] certain policy changes might only apply to people who apply after the changes are announced.” Again, I have never applied earlier than 180 days before the current EAD expires, but ASAP makes a strong argument, and the worst case scenario is that the EAD application is denied and you lose the filing fee. In the best case, you will receive a new EAD and have an extended period of employment eligibility.
Other Applications: It may be worth exploring whether you are eligible to obtain a Green Card based on family, employment or for some other reason. If you are in Immigration Court and you have been in the U.S. for 10+ years and have certain Green Card or U.S. citizen relatives, you may be eligible for Cancellation of Removal. In short, if you think you have alternatives to asylum, it is worth sitting down with a lawyer to explore your options.
Have a Plan: Finally, while we hope for the best, we must prepare for the worst. Have a plan in case you are detained or deported. Make sure a trusted family member or friend has access to your immigration documents and other important papers. Have a plan for your assets and property, and for children and other vulnerable family members. If you have a lawyer, make sure you have the lawyer’s contact information easily accessible and that your loved ones have that contact information as well.
I expect that asylum seekers and other non-citizens will face difficulties in the months and years ahead. However, I also expect that our nation’s asylum system will endure, and that those who are prepared for the hardships will be better positioned to remain safely in the United States.
Hi Josan
Thank you for all the hard work you have done for us. Now I am very confused and hope you can give me some advice. If I go to New Orleans, the interview will be faster, but is there any risk in a Republican state?
Hi Jason,
I had a question in regards to getting green card through my wife ( she will be US citizen through SIV in 2 years). I know I can’t file now since she is not a US citizen yet. When I entered US, my visa was valid for one year but my legal stay was for 6 months. I didn’t know much about overstaying that time and I was only know that I had to file my asylum within one year. So, I had over stay for like one had half month.
Down the road, if my decision takes really longer, and I decide to file it under my wife. Will this over stay harm my eligibility to get green card under my wife US citizenship?
If your wife is a US citizen, the overstay should have no effect. However, if your wife only has a GC, you would probably need to leave the US to get your own GC based on an I-130 petition filed by your wife. There are exceptions to that rule, so you might want to have a lawyer look at the specifics of your case. Also, your wife can file the I-130 now, and then once she is a citizen, you can use that same I-130 to apply for a GC. In my opinion, there is probably not much of an advantage to doing that, since she can file it once she is a citizen. However, if you notice that Trump is trying to change the rules on this (which I doubt), maybe she will want to file. Take care, Jason
Good evening Jason
I am a naturalized citizen and I got citizenship through Asylum years ago.
Recently I married and now I am in the process of applying for my wife’s adjustment of status. As part of the application I have to submit I 864.
I am self employed as the owner of a small business.
For year 2023 my gross income was more than $120000.00 and my net income (total income on the IRS form) was 25900.00….Now my question is do you think that my total income of 25900.00 as reported on IRS transcripts is sufficient or should I amend my tax return and increase the income …
You can Google “USCIS form I-864P” and find the poverty guidelines, which indicate how much income you need to support an immigrant. The amount depends on the size of your household. You can also use your assets. If you do not make enough, you can find a joint sponsor (anyone who has a GC or is a US citizen) and that person can also complete a form I-864 to support your wife (you still need an I-864 as her sponsor). Take care, Jason
Hi Jason. I appreciate all your hard work for asylum community. I entered the US by B2 visa and I’ve been waiting for the asylum interview since 2018. My passport expires in April 2025. Now my employer can sponsor me for EB3. Do i need to renew my passport to adjust my status through i-485?
You may be able to adjust status (get your GC inside the US) based on a law called INA 245(k), which allows some people who entered the US lawfully to adjust status based on employment if they filed for asylum before their lawful status in the US ended. You would have to talk to a lawyer about that, preferably one who has done a case under IN A 245(k) previously. My guess is that you will need a valid passport for that, but talk to a lawyer who does business immigration to be sure. Renewing your passport could have a negative effect on the pending asylum case, as you will need to explain why you renewed your passport and why a government that seeks to persecute you would be willing to renew your passport (this is obviously less of an issue if you fear non-state actors and not the government). Take care, Jason
Since my COP (Ukraine) doesn’t allow passport renewal for men aged 18-60 online – would it be the reason for exemption from the valid passport rule ?
I do not know about and I think you would need to talk to a lawyer who does business immigration to see about the requirement, or if there is any exception to the requirement about having a valid passport. I suspect that there is not, but I do not know and it would be worth asking someone who does these types of cases. Take care, Jason
Hello Jason
I am in the process of applying for adjustment of status of my wife who has been admitted into the country on K1 visa. I just got a letter fro USCIS asking us to resubmit I 864 as the previous was not properly completed.
I have the following questions about filling up I 864 online:
1. Part 5 question one
the system does not allow to Put the number 1 in reply to question…
2. Do you suggest that I should submit a paper copy of the from to avoid the problem…
Thanks
I am not sure what question that is, but there is an annoying thing where you put “1” for the alien, “1” for yourself, and “1” for your spouse. And so you now have 3 people, even though the alien and the spouse are the same person. I have not filled that form online and so I do not know a work around, but when I fill it by paper, I put “1” in each box but put “2” as the total number of people. Take care, Jason
Thanks Jason for your prompt reply…I found a way around it…must have the comparable version of adobe or PDF editor as recommended in USCIS website…
I meant to say compatible version …
That makes sense. My computer skills are still stuck in 1987, and so this is not my strong suit. Take care, Jason
Hello Everyone,
How much is the travel document fee with Green Card Application?? is this still free with green card application?
Thank you .
Jimmy
If you are talking about the RTD, you have to pay for each form separately. You can find the fee table for form I-131, available at http://www.uscis.gov. The fee depends on what type of travel document you are seeking. Take care, Jason
hi Jason! im working on my pending asylum case. i already submitted the initial evidence but can i also bring additional evidence to the interview? i brother got detained in my home country and it got caught on camera by a news organization and i would like to supplement my case with this information.
also i lost the copies of original documents i sent to the USCIS is there a way to recover them?
You can follow the link under Resources called FOIA USCIS to obtain a copy of your file. In terms of documents, it is best to scan and email them along with a copy of the interview notice. You can find the email address if you follow the link under Resources called Asylum Office Locator. Also, bring a hard copy to the interview. I would not send documents until the interview is scheduled, as otherwise, they will lose it. If the camera footage is a video, you should submit screen shots, as there is no easy way to submit a video, and maybe also submit a link to the web page where it was posted. Take care, Jason
Hey Jason!
My passport is expiring in May 2025 and I don’t have anyone in my country of origin to renew it for me. Do you know what I should do in that situation?
I’m currently waiting for my asylum interview to get scheduled.
It is generally better for asylum seekers to not renew their passports, since the asylum office will want to know why you renewed and why a country that seeks to persecute you would be willing to renew your passport. This is less of a concern if you do not fear the home government, but if you cannot renew the passport, you should have a work permit (which maybe you can renew now as discussed in the above article), a driver’s license or other ID, so hopefully the passport is not needed. Take care, Jason
I actually don’t want to renew my passport but I thought it may be needed in the future when they invite me for an interview. Also, I believe the Real ID requirement will start being enforced in May 2025 so I will no longer be able to use my Driver’s License to fly within the country, do you know if the temporary pending asylum EAD qualifies as a Real ID?
> This is less of a concern if you do not fear the home government
Are there people who qualify for asylum but don’t fear their home government?
You do not need a current passport for the interview. I do not know whether the EAD can be used for purposes of travel. You can check with the airline to see what documents are needed. Maybe the EAD, driver’s license, and proof of pending asylum + the expired passport would be enough. Finally, many people fear terrorists or other and the government cannot protect them. Such people may be able to qualify for asylum. Take care, Jason
I got my GC through asylum and my wife has derivative approved through I730 and valid TPS.
Does she have to file her GC as AS7 or can she file as F2A? Its just due to political climate and trying to stay away from asylee category GC, if possible.
If you have a GC and she is otherwise eligible, you can file an I-130 for her and she can get the GC based on your marriage. It will be more expensive and more work, and also, she will be subject to the public charge rules, which Trump implemented last time and will likely enforce again (requiring that you show she has assets and education and will not become a “public charge”). You should also check the waiting period for the I-130, which you can do by Googling “DOS visa bulletin.” I guess as I see it, it is easier to get the GC based on asylum, but we will see how the Trump Administration treats different categories of GC applicants (asylee vs. marriage). You could also have her file for the GC based on asylum and also file the I-130 (but not the I-485 or other forms) to have that as a back up in case something changes with asylee adjustments. Take care, Jason
Thank you Jason.
If Trump takes away TPS and my wife ends up only in derivative asylee status. Can she still go from derivative asylee to F2A GC instead of AS7?
If she has asylum, she should be able to adjust status based on marriage (or based on asylum) even if she does not have TPS. Take care, Jason