What can we expect from the second Trump administration for family-based immigration and naturalization cases? Slower processing times and fewer discretionary approvals.

Español

As we saw during the first Trump administration, we will likely again see mandates for interviews in all lawful permanent residency cases (both family and employment-based cases) and a decrease in critical agency resources dedicated to reviewing and adjudicating cases, leading to longer processing times.

We will see changes in discretionary guidelines for agency adjudicators, directing immigration officials to deny cases in the exercise of discretion more frequently.

We will likely see a reduction in the validity period of Employment Authorization Documents (EADs), which is currently five years for many categories. A reduction in the validity period will require those qualified for temporary EADs to apply more frequently, taxing agency resources and leading to increases in processing times.

Additionally, Project 2025 calls for U.S. Citizenship & Immigration Services (USCIS) to “pause” its acceptance of applications when the agency determines that its backlog has become “excessive,” paving the way for the immigration agency to stop processing applications all together.

Finally, we may see a directive requiring the Fraud Detection and National Security (FDNS) Directorate to sign off on all immigration benefits approvals prior to issuance. While at first glance this requirement may seem relatively benign, FDNS generally completes around 35,000 cases per year; in contrast, USCIS adjudicates 8-9 million applications each year.

Requiring FDNS to provide a final stamp of approval on all immigration benefit applications would effectively bring our family and employment-based immigration system (i.e. our “legal immigration system”) to a complete standstill.

What can you do to prepare for the second Trump administration? Act now. 

• If you have an EAD that can be renewed, we encourage you to apply to renew the EAD now.
• If you are considering applying for an immigration benefit, such as lawful permanent residency or naturalization, or sponsoring someone for an immigration benefit, consult with an experienced immigration attorney to understand the potential risks before you apply.
• If you are currently paroled into the United States, have DACA, or have TPS, consult with an experienced immigration attorney to determine whether you have any other options available to you.  This is especially important for those who have not consulted with any attorney before or have not consulted with an attorney since first getting their status.
• Make sure your legal documents are safe and secure, and that you have a copy – marriage certificates, divorce certificates, birth certificates, diplomas, etc.
• Know your Rights!

For more information, please contact Kolko & Casey, P.C.to schedule a consultation with one of our experienced attorneys on your future or ongoing immigration matter.