How Changes in Immigration Law Could Affect Your Case in 2024
According to the Cato Institute National Survey, a staggering 67% of immigrants feel that the U.S. immigration system is far too complicated to handle on their own.
With the latest updates to immigration law now in effect, will these changes finally make the process more manageable? And if so, will they lead to a brighter future or create new challenges?
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Join us as we delve into these recent updates and explore their potential impact on immigrants.
Together, we’ll seek answers to these questions and help you understand what lies ahead in your future as an immigrant to the U.S.
You're No Longer Qualified to Apply for Diversity Visa Lottery
Of course we're talking about the Diversity Visa Lottery. A beloved program designated to provide opportunities for people from countries with low immigration rates to the U.S.
Now, the program is not a novelty in itself, but this year's registration period (from October 2nd to November 5th) brings some important changes in immigration law.
For starters, if you're a citizen of Cuba, Venezuela, Mexico, Colombia, Brazil, the Dominican Republic, El Salvador, Haiti, or Honduras, you're no longer qualified for DV.
The reason? These countries had extremely high immigration rates within the past 5 years, making them ineligible for the program.
Also, applicants who do not meet the set educational or work experience requirements will be automatically disqualified, which could negatively impact their chances of gaining lawful permanent residence.
Note: Keep in mind that the Diversity Visa Lottery is a highly competitive program, and the number of visas available is limited. Even if you're selected, there's no guarantee that you'll receive a green card.
You Have to Meet New Requirements When Migrating with a Dog Into the U.S.
If your dog has traveled to or is coming from a country classified as high-risk for rabies, expect to face more stringent regulations.
We're talking having to provide additional paperwork, proof of vaccination, and microchip documentation.
These extra steps could cause delays at customs and may affect your ability to enter the U.S. smoothly, so we advise that you plan your trip way ahead, just to be on the safe side.
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You Might Have to Choose Between Remaining Undocumented or Risking Deportation
With the court decision placing the new green card program on hold, undocumented spouses of U.S. citizens face a tough dilemma.
We're talking about the program designed to allow undocumented spouses of U.S. citizens married for 10+ years to apply for a green card without leaving the U.S., which was unfortunately placed on hold by a recent court decision.
What does this hold mean?
It means that if you were once an eligible individual for this program, you now face the risk of deportation if you attempt to adjust your status.
This leaves many undocumented spouses and their families in a scary legal limbo, unsure of when or if the program will resume. It also reintroduces the risk of a 3 or 10 year-bar from re-entering the U.S. due to unlawful presence, which has always been a significant obstacle for family reunification.
In this challenging situation, consulting with immigration lawyers can provide essential guidance and clarity, helping you explore alternative options for your immigration process.
You Might Have to Pay Higher Application Fees
This year's updates from USCIS regarding fee changes for premium processing and other application fees are significant for many low-income immigrants, their families, and their employers.
For instance, the fee for Form I-129, which is crucial for nonimmigrant workers, has increased from $1,500 to $1,685 for H-2B or R-1 nonimmigrant status and from $2,500 to $2,805 for all other classifications.
Similarly, the fee for the Form I-140 (Immigrant Petition for Alien Worker) has risen from $2,500 to $2,805.
These increases may seem incremental, but they add up quickly.
For example, if a family is filing multiple petitions or if employers are sponsoring multiple workers, the cumulative costs can become prohibitively expensive.
Also, for low-income applicants who often operate on tight budgets, these increased fees can lead to delays in employment and income for undocumented immigrants who rely on quick processing to secure legal status and jobs.
Note: There have also been some fee decreases in the recent updates, specifically those for the application to renew or replace a green card, the application to extend or change nonimmigrant status, and the fingerprinting fee for TPS applicants. Also, the updates introduced fee waivers for victims of crime or trafficking, military service members, and families adopting internationally.
Your Company Might Find It Harder to Hire or Retain Foreign Talent (Speculative!)
Shocker: The rules for H-1B visas might get stricter, if Donald Trump gets reelected.
This means that applications for these visas—especially for new employees or those looking to extend their stay—might face tougher scrutiny. And, as a result of these stricter rules, we expect to see an increase in visa denials.
So yes, it might be slightly harder for companies to bring in skilled workers from abroad or keep the ones they already have (especially in industries in science and engineering!), but - on the bright side, during the last Trump mandate, H-1B visa holders were also guaranteed significantly higher minimum wages as the U.S. employers were required to price them out for the U.S. labor market.
Guess we'll just have to wait to see how this one pans out!
Note: As for the non-speculative updates regarding the H1-B visa, actual recent updates allow for later start dates for H-1B petitions, providing more flexibility for both applicants and employers. The introduction of online filing also simplifies the entire process and makes it more secure for both parties.
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You Don't Have to Fear Immediate Deportation, If You're a Palestinian
If you're Palestinian and currently in the U.S., there’s some good news: the announcement of Deferred Enforced Departure (DED) protection means you can stay here without worrying about deportation.
Thanks to Biden, this decision offers immediate relief for those who might have faced returning to conflict zones.
What does this mean for you?
First off, you can apply for work authorization and travel documents, meaning you can support yourself and even visit family outside the U.S. if you want to.
However, it’s important to know that DED doesn’t lead to permanent status, leaving many in a bit of a gray area regarding their long-term future in the U.S.
So, while you can breathe a little easier knowing you won’t be deported right now, the uncertainty about what comes next can still be scary.
Non-Binary Individuals – You're Finally Included!
Great news for non-binary individuals!
The recent changes to Form N-400, which is used for naturalization, are a big step toward inclusivity.
Now, there's a third-gender option on the form, which means you can finally be recognized for who you are in the naturalization process.
Additionally, the overhaul simplifies the form by removing questions about group affiliations. This change can ease concerns for applicants worried about disclosing information that might be viewed negatively.
Note: In an attempt to keep things real, while we're on the topic of inclusivity, not everything in this update is positive. For instance, the removal of accommodations for disabled applicants could make things tougher for those who need extra support during interviews. This change might discourage some people from applying, which is definitely something to keep in mind.
You No Longer Have to Worry About Your Medical Exam Results Expiring
If you're going through the immigration process right now, you should know that as long as your medical exam is properly completed and signed by a civil surgeon, it will no longer expire.
In the past, this wasn't the case, which caused significant stress and delays for applicants seeking adjustment of status or other immigration benefits.
But now, as long as your Form I-693 is valid and properly signed, you can use it indefinitely.
Note: While this is a welcome relief for many, it's essential to remember that if USCIS learns of any issues that could affect your health status, they may still request additional evidence or ask for an updated Form I-693.
Conclusion
The recent updates in immigration law encapsulate a profound narrative of uncertainty and change.
Immigrants now face an array of new requirements, fees, and restrictions that can complicate their paths to achieving their immigration goals.
However, they also present opportunities for resilience and growth.
Use the insights from this article to become more informed and proactive about your immigration case. Engage with the system, seek out resources, and connect with professionals who can guide you through these complexities.
And good luck!