The second Trump administration is scheduled to take office on January 20, 2025. Ahead of the start of Trump’s second term, let’s take a quick look at how applications for permanent residency and citizenship will change if the anti-immigration policies of Trump’s first term are revived.
First, if a ‘certificate of self-sufficiency (I-944)’ is requested again when applying for permanent residency, the door to the United States may be narrowed. For employment immigration and family immigration, you must apply for a change of permanent resident status (I-485) in the United States, but in the latter half of Trump’s first term, you must apply for a ‘self-sufficiency certificate (I-944)’ that proves your ability to be financially independent so as not to become a public burden. )’ had to be submitted separately. The I-944 form is about 18 pages long and contains a lot of property-related documents such as one year’s bank account transaction details of the inviter and the applicant, real estate appraisal reports, the applicant’s credit report, health insurance subscription, various debt details, and bankruptcy status. I had to attach supporting documents. As a result, the submission of documents was delayed or rejected due to insufficient documents.
Fortunately, the decision of the New York federal court suspended the complex and difficult I-944 regulation, which was also abolished by the Biden administration, making it easier to file permanent residency documents and saving a lot of time and money. However, if the second Trump administration reapplies the I-944 regulations, it may become grounds for rejecting applications for permanent residency or non-immigrant visas on the grounds that they are or are likely to be beneficiaries of ‘public charge’. .
Second, if the waiver for face-to-face immigration interviews is revoked, the threshold for the United States may increase. If face-to-face interviews are canceled, complex and difficult document requirements and screening, and delays in procedures are expected. Generally, in the case of marriage permanent residency, the immigration office verifies whether there is a legal marriage relationship through a face-to-face interview and approves permanent residency. However, under the Biden administration, if there is no criminal record or suspicion of fraudulent marriage, permanent residency is approved without a face-to-face interview after reviewing supplementary documents such as joint property and tax reports that prove the marital relationship.
Also, in the case of employment immigration, if there are no defects and the employment-employment relationship is clear, approval is notified without a face-to-face interview at the immigration office. However, in the second Trump administration, the face-to-face interview exemption can be canceled and immigration interviews can be required again as in the first administration. When face-to-face interviews at the Immigration Service resume, the applicant’s immigration file must be transferred from the Immigration Service Center to the local immigration office, and an examiner’s assignment and interview schedule must be scheduled according to the schedule of the local immigration office, so the permanent residency processing period is expected to be delayed accordingly. Meanwhile, memories of the past, when the face-to-face interview process at the immigration office was conducted rigorously and in an authoritarian, not friendly atmosphere, still remain vivid.
Third, if citizenship issues and interviews become difficult, it may be difficult to cross the barriers in the United States. At the end of Trump’s first term, 60 of the 100 citizenship questions were replaced, and the passage was changed from requiring 6 or more out of 10 questions correctly to requiring 12 out of 20 questions to be correct. Although it was eventually abolished under the Biden administration, the citizenship test, which is unfavorable to immigrants from non-English speaking backgrounds, may reappear in Trump’s second term, so you may want to consider consulting with a lawyer and quickly filing an application for citizenship or permanent residency. It remains to be seen whether ‘Trump’s honeymoon’ will bring about a bigger ‘immigration nightmare’.
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What challenges did Ms. Maria Garcia face while navigating the US immigration system during the Trump administration’s policies?
As a professional website editor for world-today-news.com, I would love to introduce you to our esteemed guests for today’s interview. Our first guest is Mr. Jongjun Jeon, an experienced attorney who has been representing clients in immigration matters for over a decade. He is well-versed in the nuances of US immigration law and has a deep understanding of how policies can impact individual cases.
Our second guest is Ms. Maria Garcia, an immigrant who moved to the United States with her family ten years ago. She has successfully navigated the complex US immigration system and is now a proud citizen of the country. Ms. Garcia has first-hand experience with the changes in immigration policies under the Trump administration and has witnessed the impact it had on her community.
Today, we will discuss the possible impacts of a second Trump administration on applications for permanent residency and citizenship, as well as the challenges that immigrants may face if the anti-immigration policies of the first term are revived.
Jongjun, let’s begin with you. In your legal practice, how have you seen the impact of the anti-immigration policies in the first Trump administration? Can you explain the role of the I-944 form and why its reinstatement could pose problems for immigrants?
Jongjun: Thank you for having me. The I-94 form is a self-sufficiency certificate that applicants for permanent residency had to submit during the latter half of the Trump administration. It was meant to prove that the applicant would not be a burden on the US economy and society. The form was about 18 pages long and required extensive documentation, including bank statements, real estate appraisal reports, credit histories, and proof of health insurance. The certification process was complex and time-consuming, often leading to delays or even rejection of applications.
If the second Trump administration reinstates these policies, it could create significant challenges for applicants. Moreover, the ‘public charge’ ground could be used to reject applications based on the inability to provide sufficient documentation or prove self-sufficiency. This could have significant implications for both employment-based and family-based immigration.
Maria, how did the I-9
