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Can President Trump Take Away My Greencard?

Can President Trump take away my greencard?

If are an immigrant to the United States, what does Donald Trump’s victory mean for you? Specifically, what does a Trump win mean if you have a greencard.

What type of “greencard” do you have?

“Greencard” is not actually a legal term. Meaning that it is not precise and can mean more than one thing. Generally, when people use the term they mean one of three different things.

  • Lawful permanent residency.
  • A work permit.
  • Conditional lawful permanent residency.

Let’s look at each of those separately.

Lawful permanent residency

Usually when people say that they have a “greencard” they mean they have status as a lawful permanent resident. Will President Trump be able to take away your status as a lawful permanent resident (LPR)? Basically, no.

The paths to LPR status are created by congress. This is true you gained LPR status through Adjustment of Status (the I-485) or through an immigrant visa (DS-260). Because congress creates these rights the president cannot simply take them away.

If you have already completed the greencard process and are now an LPR, your status should be safe.

A work permit.

Sometimes when people use the term “greencard” they simply mean that they have some form of authorization to work in the United States. This presents a much broader question about how a Trump Presidency might impact you.
Take Deferred Action for Childhood Arrivals (DACA), for example. As we describe in more detail here, DACA was a program created by the Obama administration, not by congress. Since a president created the program, a Trump administration could choose to take it away. It is likely that President Trump will make it impossible to renew DACA, and he could even try to take work permits away from those who already have them.

If you have an employer-sponsored work permit – such as an H-1B – it is unlikely that a Trump Presidency will impact you in the foreseeable future. These employer-sponsored programs are created by congress, and it would likely take an act of congress to change your rights. It is unlikely that any major immigration bill, changing these or other immigration programs, will be passed anytime soon.

Conditional residency.

If you went through the marriage-based greencard process, you may have received a two-year conditional residency. This is done if your marriage was less then two years old when you gained status as an LPR. Conditional residents are required to file the I-751 petition in the 90-day window before their conditional status expires. Will a Trump presidency make it harder for you to get your I-751 petition approved? Probably not.
Like other examples above, the I-751 petition program was created by congress. President Trump, acting alone, cannot simply get rid of the program.

As with other programs, however, President Trump could impose stricter standards than are currently used. Because he will control the Department of Homeland Security (DHS), of which Citizenship and Immigration Services is a part, Trump could direct DHS to have tougher rules for the I-751 program.

Given Trump’s previous policy statements on immigration, it is unlikely that he would choose to target the conditional residency program. People filing I-751 petitions have gone through the legal marriage-based immigration process. It would be extraordinarily bizarre for Trump clamp down on this particular facet of immigration.

Have more questions? Ask.

If you have general questions about what Trump presidency will mean for immigrants, please use the comment section below or use the “Ask a Question” tool. If you would like an individualized consultation you are welcome to book an appointment – we meet with clients all over the country.

Can President Trump take away my greencard?
4.1 (82.5%) 8 votes

Sound Immigration

All Sound Immigration attorneys are members of the American Immigration Lawyers Associations. They practice immigration law exclusively, focusing on helping families start new lives in the United States.

This Post Has 391 Comments
  1. Hello. I would like to get help

    I have question about my wife. We did file I-751, she got letter from USCIS saying We extended her green cart for 1 more year, her letter will be expired on 12/12/2017,
    On September 6/2017 me and my wife fly out of country to Turkey Istanbul, we found out there she is pregnant, on November 2 we went to doctor and doctor say she is 5 week pregnant , we went to doctor but doctor say its high risk she can get misscarige so she have to stay here at least 8 to 9 month. Because she have before miscarege, so she is in Turkey right now, so i try to find out if her letter will expered on 12/12/17, what i have to do bring her back to America. Do i have to be here and wait for her green cart to arrive and then take green cart with me to Turkey and bring her here or what i can do. Please help me

    1. Very sorry t0 year about the medical trouble – we wish your wife and the family the very best.

      Your wife may be scheduled for an interview on the I-751, in which case you would need to reschedule it with your local office. If they ask for an interview, the I-751 won’t be approved until that happens.

      You also need to ensure that she has continued proof of her C-LPR status. You may be able to obtain an extension from one of the foreign USCIS field offices (here) using these guidelines.

      Please be very careful here.

  2. I have a conditional greencard (based on marriage), which expired in Nov 2016. I applied via the i-751 form to have conditions lifted and application was received in september 2016. Since then I have already had my biometrics appointment, and received a letter from USCIS confirming receipt of application, and that this letter extends the conditional greencard by 1 year.
    The 1 year will be up at the end of September, and I have not heard anything further from USCIS. Is this cause for concern? The processing times at the California USCIS centre states that they are only now processing applications from June 2016. What happens when this letter expires and I have no other documentation showing I am here legally? I am very worried.

    1. Meh.

      I-751s take forever. If you need an extension on your work authorization set an InfoPass appointment at your local office and ask them to stamp an extension. Then naturalize in a year (less actually) and vote for senators who will pass the DREAM Act. Those are the kids who need to be worried.

  3. Hello! I am a US Permanent Resident and I have plans to marry my fiancé from the Philippines so I could eventually bring him to the States. He has been to the US three times with his B1 (Tourist) VISA, which expires on April 2018.

    Some friends advised us to get married now and file the 1-130 (Family Petition) as soon as possible so that we could get in line for the petitions in the USCIS, which could take 1 1/2 to 2 years.

    But I would also really like for my fiancé to be able to visit me while the petition is pending.

    We were wondering, if it would be better to get married now, then just file the petition next year after he successfully renews his tourist VISA?
    If so, will there be issues with us being married (even though we haven’t applied for the I-130 yet) while he applies for the renewal of his B1 VISA?

    Or we should get married now so I could start applying for the petition right away? And hope he could still get his B1 VISA renewal next year.

    I was also wondering if the petition would take longer now with the change of administration.

    Thank you!

    1. Hi, Cece. You can learn more about the pros and cons of fiancee vs. marriage visas here, but unfortunately the fiancee visa cannot be started by a lawful permanent resident, only a citizen. You could always think about naturalizing, if you qualify, but that process takes almost a year right now. I all likelihood the best option will be for you to get the I-130 filed quickly (and correctly!) so you can get the process started. But this requires you to get married first. As to the risks of entering on a B-1/B-2 with the intention to marry, see this warning and this one.

  4. Hi, first would like to thank you for the time you give for helping all of us by answering to all our questions ! Im a citizen my question is for my partner he is a LPR he will need to renew in aug2017 he has prior felonies 3 to be exact (one as a minor, and 2 as adult) last conviction was in 2011, all for carrying a weapon not registered. No firearms were fired, he was pulled over in all 3 and coperated in all 3. He has changed his life around its been over 5 years scince the last time he got in trouble, we have 3 kids, one on disability for autism spectrum, we are not married. When going to renew his residency, Can he be deported is our biggest question? Thanks in advance!

    1. Rosario: In the current environment it would be a very good idea to talk to an immigration lawyer and see if your husband can naturalize (become a US citizen). The convictions are past the 5-year “look back” period. A lawyer should review the conviction records, and if your husband is able to naturalize that will mean he’s secure for the rest of his life.

  5. i have been a U.S. LPR since i was one year old. i am from mexico. i have been married to a US born citizen for 32 years. due to financial hardships, (my husband lost his job after 22 years, then underwent emergency spinal cord surgery), our only choice was to move to my home town in the yucatan in mexico in october of 2103. we travel back and forth to the US to see our children we are usually out of the US for 3 -5 months at a time and then return to stay with my daughter for 2 to 3 weeks making sure we do not stay out of the US for more than 180 days. however, we did not return to the US, after moving in october of 2013, until may of 2014. i had no idea about the 180 day policy until about 1 year ago when an immigration officer informed me of that policy. there was no reason for me to know about that policy since i was an LPR since i was a year old… can the US prohibit my reentry?

    1. Hi, Patty: Unfortunately, it is an individual’s responsibility to understand the obligations imposed by immigration law. The immigration agencies, for example, are not responsible for advising LPRs about how to maintain their status. (That’s why private immigration lawyers exist). In fact, maintaining residency is even more complex than adhering to the “180 day rule.” It’s possible to jeopardize LPR status by even briefer stays abroad, depending on the nature of the activity that’s undertaken. We’re working on a training on this complex topic right now, and will have a detailed blog post available sometime later this month. It’s an area that even attorneys get confused about.

        1. Right – if you want legal advice that’s what lawyers are for. It’s just not a service the immigration agencies offer. It would basically be like going to court and asking a judge for advice – that’s just not their role.

          Let us know if you’d like help.

          1. They can send me at my country even I’m permanent resident…my in laws want me send back home to my land

    1. Hi, Mik: Fortunately Trump policies should not negatively impact a UK national/LPR-holder who is applying for citizenship. If the individual is legally eligible we would expect the application to be processed as per normal.

  6. I am not a resident/citizen, but I do have a permit that I received through the dream act with Obama. My question is… Can I travel to Seattle with my work permit or my California ID?

  7. Me and my fiance have been together going on 6 years. We would like to get married and start a family. He has a work visa from Sicily. He came here at 14 and will be 36 this may. We are scared with Trumps new laws out marriage and children won’t be recognized. So many people are saying out children and hi won’t be citizen’s. Is this true please help.

  8. Hello,
    I got married 2 weeks ago. My husband was born in the United States. We want to start the paperwork ASAP. I currently have DACA but wont be renewing my DACA since I will be applying through my marriage. My daca expires in July 2017, Im from Guatemala . I applied for advance parole and entered the US with inspection in 2016. I have been hearing it will be difficult to get my green card now that Thrump is in office. I have no criminal record or anything negative on my record. How true is this ? Is the process now any harder since we have Thrump is office? any advice would be helpful.

    1. Hi, Karina: That’s fantastic that you already have the advance parole. There is a lot of misinformation in the community about Trump administration policies. *If* you’re eligible to adjust status, then you should be able to do so just as you would have under Obama. Our advice to folks has mainly been to be very, very careful about getting screened for eligibility before applying. There are over 60 grounds of inadmissibility, and additional reasons that I-485s can be denied. It’s a good time to get competent legal advice *before* filing.

  9. Hello, and thanks in advance.
    I have a question. I have an approved derivative asylum and I applied for GC (adjust of status) 6 months ago. I had a DUI 25 years ago. Do you think it will be a problem?

  10. I have a question.
    My boyfriend is not a citizen of the US . But he has a work permit and a California ID- Drivers license. I moved states last year ,and we had no problem of him taking a plane to visit me with just an identification. But now he’s afraid of everything that’s been going on sense trump became president. My question is… Can he still travel with an ID or is he taking a risk of being deported or not being able to fly?

    1. Hi, Jessica: Air travel is extremely risky at the moment for anyone not in lawful immigration status. CBP has been randomly screening *domestic* flights. People are being stopped on their way on or off the plane and being asked for ID.

  11. Hello thank you for all the help.
    My case is complicated. I came to the US in 1989 as an illegal alien. unfortunately I was accused of child abused in 1992 and arrested, but no charges were file. I got married to an American in 1997 then then we left the US for over 10 years. After that period, I came back as a LPR though a green card. Now that I being in the US over 7 years legally and no more trouble. Can the charges in the past will still hurt my application of becoming a US citizen? Thank you.

    1. Hi, Dionisio: We wouldn’t be able to opine on that question without reviewing your actual police records. But generally speaking the good moral character look-back period is 5 years. Certain offenses create a permanent ban, though generally these require a conviction – not just investigation – to have that result. You should absolutely have an attorney look at the records however, as N-400 denials on criminal grounds may result in referral for deportation.

  12. Hi, I have a question. My mom got her green card thru Nacara. Can she travel with the new immigration changes that trump wants to do. She came to this country iligally and when the Nacara law came out she became green card holder. After that she brought me to this country already with a green card. Are we in danger of deportation or no?

    1. Hi, Syndi: Lawful permanent residents are permitted to travel. But we have been advising our own clients to avoid non-essential travel given the Administration’s unpredictable and harsh policies.

      1. my husband who has green card has four pending law cases regarding tickets. and he wants to go to another country to visit. is there a new law which prevent him to come back to USA ?

  13. Hello,
    I’m currently a Permanent resident, got my residency through marriage in 2008. We got married 2004 and then divorced 2014. I got a DUI in 2010 (no accident and no one was injured) paid all my dues. Would this be a cause onto deportation if I try to file for my citizenship? I currently have an 8 month old and I’m afraid to be separated from my daughter. I’m from Mexico.

    1. Hi, Sol: The Administration has taken an extremely tough stance on criminal offenses. On the facts you present you are likely not deportable if still holding LPR status. But it would be a good idea to speak to a removal defense attorney and make sure you are on firm ground.

  14. Greetings,

    I am an Italian, my wife she’s US. I have to apply to renew my GC(currently having the 2 years conditional one) should I apply a little bit earlier since what is going on and do I risk to get it denied. That would be so bad we just had a beautiful daughter.

    1. Hi, Christiano: I-90s have been taking pretty long, so applying early wouldn’t hurt. (Assuming you mean an I-90 renewal here and not an I-751 conditional residency petition). I-90s haven’t faced an heightened scrutiny from what we’ve seen so far.

  15. My mom is a green card holder. We plan on traveling to Asia next month and want my mom to come and enjoy the trip with her grandkids. However, I am not too well educated and informed on this new immigration law. Is my mom at risk of travel?

    1. Hi, Jennie: Under current law a lawful residence should be able to re-enter the US if she abides by the travel rules for LPRs. But the conservative approach we are taking with our own clients is to discourage non-essential foreign travel. This has been a highly unpredictable environment.

  16. My husband and I are LPR we plan to travel to Mexico in the summer. Are we affected by the new executive order that just passed on feb 21st? He got a dui 5 years ago and I was arrested for not having a driver license 7 or 8 years ago and just became a resident in 2015. Will we have a problem upon returning from our vacation in the airport?

  17. Hi Greg,

    Can a LPR face deportation under Trumps new rules for non-immigrants if they have a dismissed retail theft case?I have a dismissed retail theft case in Nov 2015,dismissed in March 2016. It has been expunged in June 2016. I pled not guilty.Do you think I may face deportation even when the case is dismissed?

    Also I am planning to file for my citizenship. Is it safe to do so or is it risky (I mean by filling N400, will I be unnecessarily attracting the USCIS to my dismissed theft case? , and face risk of deportation?)

    1. Hi, Samy: Yes, even non-charged offenses, and those not leading to convictions, can potentially be a problem. Get an immigration attorney to look at the *actual* court/police records before you decide what to do. “Expungements” are generally irrelevant for immigration purposes – they don’t erase a criminal record for immigration purposes.

      1. Hi Greg,

        Can you look at the records and let me know. Can I contact your office for the same. Please let me know.

        Thank you
        Samy

  18. Hi-Sound Team,

    I have a question, my cousin’s green card expires shortly. She has to apply for a new one. She comes from Pakistan to USA every year and stays for 2 months so this way she can renew her card every year and than goes back to Pakistan. What are the terms now? Because she didn’t stay in USA for a long period of time. Will she be denied to get a new card. She has been doing this for the past 10 years. Will her card be re-newed.

    1. Hi, Saleem: Based on what you describe here your cousin is seriously at risk of abandoning her resident status. To maintain status the individual’s primary residence must be in the US. On the facts you describe she could be turned away at a US port of entry on the basis of having lost LPR status.

  19. Hi,
    My hus is US green card holder.i am indian citizen.i applied for greencard 8 months back.how long will take for processing

      1. Hello, i came here as fiance visa then i got married with my uc citizen fiance but after few months we are seprated. Then he cancelled his affidavit of support to my adjustment of status and i recieve a letter for motion to reconsider but i got a lawyer and we planned to have me a self petition under Vawa. All my documents and evidence is with my lawyer and this week we are sending that to vermonth. Is trump posibly deported the victim of us citizen? What can i do , do i need to go home? Thank you

      2. Thanks for the quick reply.
        This is not adjustment case. F2A category.How long will take for the processing.Does the new president decisions will affect it.

  20. I am a US Citizen. My husband entered US illegally Upon consultation with our lawyer to being marriage sponsorship we realized he qualified for resident card through his mother who received her resident card through the NACARA law. She received her resident card while my husband was still a minor (14). We have begun the paper work and have gotten a work permit.
    My question can trump take away that NACARA law? Do we have anything to fear with all the raids going on?

    Thank you

  21. 240/5000
    I have Daca (deferred action), since 2012, I have a deportation order, ten years ago, it asks: it will be dangerous for me to go and renew my fingerprints, with the new trump president’s directives, to deport those who have a final deportation order.

    1. Hi, Jose: Yes, it there is certainly risk. We have already heard about individuals being detained when going to fingerprint appointments. You should absolutely contact a removal defense attorney before going.

  22. My Dominican friend has lived in the US over 20 Years as a LPR, she just realized her green card expired and needs to apply to renew it before she can apply for citizen ship ? Should she have an issue renewing her green card ?

  23. I’m a naturalized US citizen. I got married in December of 2016 to a Vietnamese national. I just applied for my spouse an I-130 since January of 2017. Will the president executive order affect this case?

  24. hi,
    Thank you for the answers. but i am not sure if the answer to the unemployment question above covered the proposed draft
    http://www.vox.com/policy-and-politics/2017/1/31/14457678/trump-order-immigrants-welfare

    ” an immigrant can’t be admitted to the US if he’s likely to get any benefit “determined in any way on the basis of income, resources, or financial need.””

    1) so per my understanding, having received (and repaid back as they asked me to at that time) unemployment benefits while being on h4 (after h1) in 2008
    and receiving green card later on in 2013 would not be considered likely , in ANY way , to become a burden under the proposed draft executive order in fox even though my company is losing money while spouse’s employment is profitable to cover the losses?

    the word “likely” is important because it means likely which has more likelyhood than “possibly”, right?

  25. My father became a legal resident in the early 90s through my mother who is a US. citizen. I am concerned that under Presidents Trump Administration he might get deported because he had a family violence charge in the lates 90s and a DWI in early 2000s. He payed fines and has been a model citizen for over 10 years. He pays his taxes every year and has not had any problems at all ever since. Is there any chance that he can get deported? Thanks in advance.

  26. Hello Greg~
    I have one DUI(first & no accident and injury, 0.13%) (Jan 2009) with working Visa. Recently, I got greencard(Dec 2016) after greencard interview since I have a arrest history.

    So, I just got Greencard and no criminal history after that….

    Do I have to worry about deportation by Trump’s executive order?

  27. Hi, I am in the process of my husbands petition he is Mexican. We are on the second to last application before we receive a response for his appointment to receive his permanency. Will anything affect our process with everything that is going on? We have one daughter together and plus he has 2 kids which he pays child support but has no custody of them he is the noncustodial parent, the mother has full legal and physical custody of them. We have been married for 2 years.

  28. Hi, I came on a F1 visa in 1999 and overstayed for just about ten years by now. I don’t have a criminal background or any kind of bad record. By the end of February I’ll be getting married to a US citizen and I will go through the process of adjusting my current status. At this point and under all this new changes on immigration laws, what are my charges to get my status adjusted (green card)?

    Thank you,
    Mickey

    1. Hi, Miky: Currently, the Executive Orders would not – by themselves – prevent an F-1 overstay from adjusting, unless you are from one of the banned countries. But there are plenty of factors completely aside from the Executive Orders that could influence your eligibility. Talk to a lawyer *before* and not after you file.

  29. Hi we are permanent resident on green card since last 5 years, we are currently eligible to apply for citizenship. We have travel scheduled to India in March returning in 3 weeks, should we apply for citizenship before or after our travel to India? Can current EO affect US citizenship applications for Indians? Also would you advice against any international travel even for Green card holders ? Are there any cases currently were Green card holders (Indians) got deported back ?

    Thanks

    1. Hi, Anay: We are currently advising against non-emergency travel. Indian nationals have not been deported under the current Executive Orders, but we are worried about further travel restrictions. The timing of the N-400 has less to do with the EOs than just naturalization law in general. Talk to an attorney, and if you are eligible to proceed now – and travel will not be too long to lose jurisdiction – go ahead and get filed.

  30. What a weekend!! I did my N-400 interview today, case “Approved” and got my Oath date letter 🙂 I am from Syria and wanted to share this info, N-400 applications will continue without any issues as per the officer.

    Thanks

      1. hi,our I-130 was approved last year and was sent to NVC and we got married last year after we got our twins,my spouse was out of student status (F1} about less than a month or so, applied for citizenship and got the application fee waivered and im going for my interview on the 13th of this month,so will the waived fee affect my spouse’s green card and work permit,if not how long will take for her to get her green card.~Regards

          1. Hi, my citizenship interview was cancelled stating “unforeseen circumstances”, what did this mean,and given another date in march, after afew days. my question was since my spouse has been out of student status (F1) with the EO situations will it affect her from getting her green card and work permit approved and if not,how long will it take for her to get her green card and does she still need to wait for 90 days to get her work permit since we had applied for this app when I was a permanent resident holder,will she get affected by the ICE raids too?~regards

          2. Hi, Maya: This probably just means there was a staffing or logistical problem at the local office – nothing to do with your case. It happens, unfortunately.

            Assuming your natz goes forward and gets approved, you should talk to an attorney immediately about proceeding with your spouse’s adjustment. As long as she is out of status she is at risk of random raids, which we have already started to see. Temporary EADS on marriage-based adjustment cases have been getting issued about 90-120 days after the I-485 is filed. Since the statute mandates they be issued in 90 days, you may be able to get a stamp from the local office at the 90-day mark, though this is sometimes refused if the EAD card is in production.

  31. Hi there,

    I was born in France and I have a French passport. My dad is Iranian (born in Iran, citizen of France for 20 years). In Iran, because of the blood law, it seems that I am considered Iranian as well (I have an expired passport). I’ve been married for 2 years to a US citizen and I have to remove conditions on my Green card before May. Given the recent changes on Trump’s order, do you think that my petition to remove the conditions? Do you think I can travel freely? Thanks a lot for your hard work.

  32. Is this just a travel ban? Do we know yet if this will impact my green card processing with USCIS? Again, I am an Indian citizen currently within US on H1B and I was born in Iran and have lived there first 4 years of my life. I am not an Iranian citizen or national and never was but I am still nervous because I will be considered in Iranian queue for green card even though I am an Indian citizen. Please advise if you have further insight into this. Shall I apply for green card asap or shall I wait for 90 days for this travel ban to be over?

    1. Hi, Naveed: We have some indication that USCIS will continue processing Iranian citizens’ applications, but that they will not be approved until the ban is lifted. So you may as well get the application filed.

      1. Thank you for your response. You mentioned that USCIS will continue to process green card applications for Iranian Citizens but will hold the result until the ban is lifted. My question is will I be considered as Iranian citizen even though I am an Indian Citizen who was just born in Iran? I never had Iranian citizenship. I have always been Indian citizen. Please advise.

      2. Hi my name is DINIS
        Im a American citizen since 1983 We got married in 1984 in Portugal and came to us
        In Boston SHE received a permanent greencard through our marriage Years later immigration changed her permanent greencard for a 10 years greencard and today we went to the immigration to renew her green card again and they said is to early to renew it
        My question is
        How many months do l need to wait to renew it before the green card expires
        Today is march 21 2017 and the green card expires November 2017 can you give me that information please thank you IF you can

        1. The I-90 should be filed in the 90-day window before the green card is set to expire.

          But your spouse might want to consider naturalizing to become a U.S. citizen. Then she’d never have to worry about renewals.

  33. I’m a naturalized US citizen. I got married in June of 2016 to a Sudanese national. I’ve applied for my spouse an I-130 since August of 2016 and case is still being processed by the USCIS. Will the president executive order affect this case? If yes, how badly?

  34. Hello, I am a green card holder from Iran for 5 years. I have filled N-400 couple days ago. Can I send my application and wait for result? does new orders affects N-400 for Iran?

    Thanks

  35. Hello my name is savana my husband is currently in the process of getting a green card, but we barely sent in the application of acceptance were trying to get tge green card through marriage. He is from Mexico and i am a US citizen we have 2 daughters and have been married since 2012. My question is with everything that trump is doing is it possible that he wont be able to get a green card to be a lawful permanent resident?

    1. Hi, Savana: Right now there is no Executive Order that would hurt you in the situation you describe. As long as you were eligible to apply your application should progress as normal. Good luck to you and the family!

  36. My husband is a permanent resident in the US. He is supposed to leave to Argentina to visit his family Friday and come back in 2 weeks. Should I be worried about him unable to return?

  37. Hi, I am originally Lebanese but I’ve been in the States since 83. I’ve had a green card for over 15 years now but I never applied for citizenship. Both my Mother and my brother are US citizens. In light of the recent climate is this a bad time for me to apply for citizenship? Thank you.

      1. Thank you for your response.
        I’ll get on it right away. I was just afraid that in light of all that is going on these days that my application could be denied. But if you don’t think that’s the case then I’ll go ahead and apply right away. Ty

  38. My name is Victoria, I came to the US in 1983, on a permanent resident green card, category P38. I am due to renew my card in 18 months. Do you think I should start the process now(earlier)? I also have 5 US citizen children. It feels like we may have to give up our countries and pledge an alliance to this country. I am proud of my heritage and do not want to give up my BIRTH RIGHT. I believe it will cause a lot of hate and rebellion, because there are so many of us. I have to consider myself lucky because I am British,, but how long will it take for that nut job of a president to take all of our green cards away? I am very worried,
    Thank you for your post.

  39. Hi,

    I am an Iranian student in US for 6 years. Will this new EO affect my chances of getting OPT or H1-B visas? I am currently on F1 status and inside the US.

  40. Hi there! I’m a conditional permanent resident from Venezuela residing in Miami,FL. I have a trip scheduled to Puerto Rico this upcoming week. Would I have a problem getting back into the US? Since PR is US territory and all…Thanks!

    1. Hi, Mel: Right now you would not be impacted by the existing policies. We’re advising clients against foreign travel, however, because of the extraordinary actions we saw from the administration last week.

  41. I know a person who has was born in Iran, left illegally with her parents and rest of his family, and now reside in the U.S. She has married a U.S. citizen and together have 1 child. Her work visa expired many years ago he continues to work in U.S. She has never taken time to become a legal citizen. Ideas how to not be deported and become legal here? Thank you

    1. Time travel?

      She could be in a real bind. Normally, visa overstays can still adjust status to permanent residence through a marriage-based process. But we’re concerned that the Executive Order may bar adjustments for Iranian nationals. We would recommend that she talk to an attorney and figure out if she’s adjustment eligible. If she is, then wait until DHS issues guidance for Iranians regarding the new policy, and file ASAP if she’s able to.

      Try to light a fire under her. These are vary serious times for folks in this situation.

  42. i’m wondering
    im frome Libya and i had filed for N-400 last year, on Nov 8,2016, and I did my finger print on Dec 11 2016 and waiting for US citizenship interview I am wondering with latest executive orders, would there be any impact on my citizenship…process.

    Thank you.

    Regards,
    Ali

  43. Hello, my husband I are currently awaiting the biometrics appointment to get the 10 year green card approved. We filed October 28th to remove conditions. We have not had any news on the appointment. I am a U.S citizen. He is from Palestine. Will this affect our process? How long after we file are we supposed to hear anything back? Also, how long, (if approved) will he get the 10 year resident?

  44. Hi I am Weny from Indonesia. I’ve been married with American guy who lived in Indonesia for 17 years. We’ve moved back to U.S in 2010. I Got my permanent visa (green card) for 10 years . My question is , my green card will be expired on 2020, and i am going to renew it again (still another 3 years later ) so, do you think Trump would make it difficult ? My husband said I don’t have to worry about that but I am worried . We have family here and would love to stay here . Any thoughts ?

    1. Hi, Weny: Why not apply for citizenship?

      Currently LPRs from Indonesia are not facing any specific consequences from the Executive Order. But we would not consider that off the table in the future.

  45. Hello
    I am a US citizen through naturalizatio. Currently my mother and brother residing in the US under a humanitarian parole visa. Both of them are Yemeni citizens. My mom has a LPR interview in March that I sponsored. My brother also has a pending renewal for his visa. He is mentally disabled and struggles with other health aspects. How are they affected by the new rules? I already have a lawyer handling my brother application but I processed my mom’s on my own. Thank you for your help.

    1. Hi, Sam: We don’t yet know how domestic USCIS applications will be impacted. But first, they should talk to the lawyer about whether they will need a waiver for the mental health issues (more here), and ensure that they have documented how they will pay for treatment to avoid Public Charge concerns.

  46. Hi

    My husband and I have been married almost 4 years. He has a conditional green card which we are waiting for the conditions to be removed. (Apparently they are currently a month and half behind in processing). He was born in Sierra Leone but is also a citizen of Lebanon. Could this have an effect on receiving his new green card and/or him filing for citizenship?

    Thank you!

  47. Hello,
    I’ve been a LPR since 2002 (from south korea) and planning a trip to Croatia in 2 weeks. Although korea is not listed as one of the banned countries, do you have any recommendations/advice on whether to pursue or not pursue this trip? Thank you!

  48. Thanks to this website,
    I live with my family in the USA since 2001 We came from Bosnia across the IOM (International Organization for Migration), we have a green card, never convicted of a crime, so let me have any problems give us will be deported back?

      1. Hey. I am a current green card holder and has had a minor misdemeanor, more than 10 years ago. Will I still be deported because of Trumps new order?

  49. Can be any LPR deported, if been arrested for a misdemeanor (disorderly intoxication) and never been convicted, after entering a plea of not guilty, with a pretrial diversion program after what happened during the last days?
    thanks

  50. hi
    I am an Iranian green card holder based on EB1. my wife is still waiting for her green card but she has an EAD card with advance parole. it seems that I can return to U.S but how about my wife. we are not sure that does Tump’s EO ban her to re-enter to U.S. ??? is advance parole already blocked?
    thank you

  51. Hi, My N400 application is in progress currently (in line for interview – status). I had one speeding ticket (non-dui) $57 from 14 years back that I paid a fine for, no court appearance.I have listed this ticket on the application. Is this cause for worry that my application will be denied following the new trump executive order? Thanks, Anjan

  52. Hi,
    I have been charged of disorderly intoxication and I never entered a guilty plea.
    I have entered a pretrial diversion program, and they dropped off all the charges.
    According to what happened lately; can I be deported? or is it safe for me to travel?
    I’m a EU citizen
    thanks

  53. Hi my mom has a permanent residence visa affordable of 2016, we were planning on coming to visit the Philippines especially this february, I’m just concerned if she will have any problems in returning entering the US in march?

  54. I am indian muslim, recently passed the US citizenship interview before Jan 20, 2017. I am waiting for US citizenship oath ceremony notification, so wondering due to latest executive orders, would there be any impact on US citizenship process for Indian muslims..

    Thank you.

  55. Hi there,

    My wife came in on a K1 visa in September and we got married immediately. We then filed for residency and work/travel authorization. That application is still pending – we haven’t heard back, meaning she is not yet a green card holder. What is the likelihood that her application is denied, or that once she is admitted she is still vulnerable for targeting?

    Thanks,
    Ted

      1. Thanks for your reply. No, she is from Germany. But I just read that Trump might be also increasing scrutiny of French and German immigrants, so I am wondering. Thank you for any advice you have.

  56. hi

    I and my wife have permanent resident status (without any condition)

    i was born in india and my wife was born in somalia but she has tanzanian citizenship so if we leave us for a temporary visit can we return safely

  57. Would you please let me know, what the meaning of suspension of Visa issuance and other Benefits, does N-400 process controlled by Congress or the President. I am scheduled to an N-400 interview in 7 days from Iran. How long does the EO need to be implemented at the states immigrations? Hope to hear some positive response because I am so frustrated about the issue and the timing.

    Thanks in Advance.

    1. Anas, the Executive Order has already started to be implemented, beginning with a DHS memo last night. Strongly recommend you retain counsel. There is a possibility DHS will deny any application of any sort by Iranians.

  58. Hello Sound Immigration Team:

    Thank you for your time and assistance is responding to queries. I am Indian citizen and follow Islam ( a Muslim). I had filed for N-400 last year, and on Jan 18,2017, I have passed the US citizenship interview, and waiting for US citizenship oath ceremony notification. I am wondering with latest executive orders, would there be any impact on my citizenship…process..

    Thank you for your time.

    Regards,
    MB

      1. My sister-in-law in Iran has the same story. She was approved after interviewing on 1/26/17. She’s just waiting for her passport in the mail. Does her being from Iran change your analysis at all?

  59. Hi Sound Immigration.

    I am a British citizen since 1997 and holder of British Passport.

    I have an established business in the US since 2008 and have been traveling to the US on Visa Waver Programme for 10 years now.

    I am a Kurd born in Iraq but Iam not dual citizen and I do not follow any religion.

    My current visa waver is valid till August this year and the last time I was in the US in April-2016

    Will the executive order apply to me. Will I be able to travel to the US and will I be allowed entry on my current Visa Visa Waver.

    Many thanks in advance.

      1. Hello Greg ,
        I was originally petition under unmarried child under 21 or I-130 case type by my mother which is recently a resident only but she already started the process and screening on her case .we always been told that she needs to become a citizen for further action on my case so I can get my green card !we r originally from Nicaragua and don’t seem to be one of the country on risk I’m I in risk ?

  60. Good afternoon,
    I was arrested for disorderly intoxication in July.
    I have entered a plea of not guilty and I have entered a pre-trial diversion program that will end on April 4th.
    My question is:
    With the new executive order can I be deportable?
    I will apply for the naturalization short after April 4th, is this executive order having any effect?
    I hope to hear good news…
    thanks

    1. Hi, Johhny: That doesn’t sound like a deportable offense (though we’d have to see the record of conviction to know). But it could bar naturalization under the good moral character rule. Definitely talk to a lawyer before applying.

  61. My wife is from Iran and i am US citizen since birth. we recently got married in June of 2016.. she already was awarded her work/travel visa and are now just waiting for the interview.. will this effect us in anyway or delay the interview?

    1. Hi, Gary: Sadly, the effect of the Executive Order is that all immigration from Iran has been temporarily (we hope it is only temporarily) stopped. Even grencard holders from the country are being denied entry.

  62. Hello, I am a US citizen and would like to petition my parents with the i-130. They are citizens of a west african country not currently on the list. They are originally from Iran but haven’t been there for more than 40 years. They are currently citizens of the west african country. Do you forsee any issue if I submit an i130? Does their iranian citizenship from 30 years ago matter? Thanks

  63. Hi, I’m from Eastern Europe. I’ve been a permanent resident in the USA for 5 years, granted with political asylum. I’m planning to apply for naturalization in couple of weeks. Do you think Trump’s executive orders will influence naturalization process for asylees from Eastern Europe?

  64. Hello. I am a GC holder for more than 4 years and I want to know if I travel to Brazil with my US citizen husband if will be a problem for me to enter to the US? I am concern.

  65. Hello. I am a GC holder for more than 4 years and I want to know if I travel to Brazil with my US citizen husband if will be a problem for me to enter to the US? I am concern. I am from Brazil

      1. I have my green card for 8 years now, I have not left the U.S. I am about to file for my citizenship. Can I still file and or apply?

        Ashley

  66. My boyfriend is an LPR since 7/14 as Asylee status.He is working here and is a productive US LPR. He has Syrian passport but had lived in UAE before coming to USA as his family is there. He has a trip planned for 3 weeks to visit Dubai where his family is, leaving end of February. Will he have an issue returning in March because if this new executive order?

  67. Hi my question is this:

    I am a permanent legal resident green card holder since Feb of 2016. I’ve never been charged with commiting a crime only 1 speeding ticket a few months ago. I am a citizen of Mexico, my husband is a US citizen. We are planning on taking a second honeymoon to the U.K., France, Spain & Italy this May 2017 for 15 days. Should I be worried that I will not be allowed back into the USA? Should I postpone my trip due to this new law?

      1. I already paid that infraction and went to courses to take the points off my license I’m not worried about that. I’m worried that as a green card holder I will not be allowed back into the country. Like I stated above my citizenship is Mexican. But I am a lawful permanent resident. Should I be worried about taking this European Vacation?

  68. Hi
    I came to US in 2010 with a refugee visa. I got my green card 5 years ago and applied for citizenship 2 months ago and my case is on going. Can trump make me go back?

    1. Hi, Arya: Probably not, but we believe the actions already taken last night by the administration are unlawful, so please check back for updates as we learn more about the policies that will implement yesterday’s order.

  69. I am a international student with f-1 visa in USA. Can I still change my visa to H-1 and OPT? Also I am getting married to my partner on Feb is it possible that they won’t accept my documents?

  70. Hi
    I am from iran. I live in us for more then 6 years. I came here as a refugee visa and i got my green card 5 years ago. And i applied for citizenship 2 months ago and my case its on going. Is there a chance he can make me to go back?

  71. i’am a Bangladeshi national and have green card for 6 years now. I got my green card thru my wife to whom i’m not married. I received my green card thru waiver since i have misdeameanor drug offence in 2001. Since the waiver was given for this conviction, can they use this conviction against me now?
    I was arrested last year for domestic violence but no information was filed against me- no formal charge.

    Should i be worried about my LPR? Please advise

  72. Hi Greg
    I’m a us citizen and I petition for my wife and 8y son, they did their interview back on October 24th, the counselor asked for my domicile documents which I submitted to the embassy on January 12th and awaiting the IV, is this new trump order will stop them from coming to the us, they are Sudanese national. Although my younger son is a us citizen and has a report of birth from the us embassy in Sudan.

  73. Hi Greg,

    We are from India and we got our green card based on employment in apr 2016. We are here in US from 2008. Its been almost 4 yrs since we went to our home country. We have booked tickets to India on mar 4th 2017 and are returing on mar 24th. Please let us know if we will have any problem in port of entry? Is there any chance that our green card will be taken away

    1. Hi, Harika: Yesterday we would have said that LPRs could not be blocked from reentering the U.S. But it’s happening today.

      India is not currently on the list, and we don’t anticipate that it will be. But frankly, this is just absolutely crazy. If we were talking to a friend, our advice would probably be to postpone the trip.

      Also, talk to an attorney about applying for citizenship 90 days before your 5 year LPR anniversary.

      1. Thank you so much for your response. Please let me know how long will the situation be like this. When are we going to get the complete list of countries banned. Is this problem for H1 and L1 visas also along with Green card holders?

  74. I’m from Egypt been in the states for 9 years under removal proceedings from 2011 through cause overstayed my visa and stopped by a homeland security in Texas then got released cause I was married to US citizen then we got spreaded and a filed i360 Vawa I have a work permit now and my Vawa PETITION i360 USCIS I reviewing it now
    Does trump will do anything to my case cause I’m a Muslim and from Muslim origin country

    1. Hi, Sherif: We do not practice removal defense work, but we do anticipate that ICE will get new policy guidance consistent with the new Orders. Talk to your attorney and if you don’t have one, get one on Monday.

  75. Hello,
    My family and I came to US as immigrants from Iran. We have green card since 2009. As of today, I filled applications to become US citizen. Will this new rule stops us from becoming US citizen?

  76. Hi, I am an American citizen from an Egyptian origin. My wife is Egyptian but conditional green card holder because I filed for her when we got married a spouse visa and she got her green card when she arrived May 2016 to the US.
    We are leaving tomorrow to Egypt to visit her family, should we be concerned about re entry? She is pregnant and that is the only time she is allowed to travel during pregnancy per her doctor. I hope you could reply as soon as possible cause otherwise I Will cancel my trip and thank u so much.

  77. I’m a Permanent Resident living in California. I was born in Iran and Im also a Christian. I filed my n400 application for citizenship in November of 2016 and I’ve already done the biometrics portion. Will this order affect the status of my case or other n400 cases?

    Thank you,

  78. Hello
    Thank you for your useful information .
    My mother has Iranian citizen and got her green card about five years ago , she left USA about 6 months ago and in two weeks has a ticket to back America .
    Please kindly let me know regarding this new president Trump order , my mother can enter USA or not ?
    Awaiting your reply.

  79. Greetings. My father is a LPR from Yemen who is currently overseas. His return flight is Jan 30th. Will he be able to come back in to the USA? Or will he be asked to return to point of origin? What do I need to know?

  80. Hi,
    I am an Indian citizen and both my parents are Indian citizens as well. I was born in Iran since my father used to work there. We left Iran and went back to home country India when i was 4 years old. Never had any ties with Iran once we left. I am in US on H1b visa and have been working here for over 7 years. My company is in the process of filling I485 but obviously through Iranian queue since I was born there. Would this ban apply to me as well? Would I be rejected simply because I was born there? I am worried.

    Thanks
    Naveed

      1. Thanks for your response. So a follow up question.. Since I am an Indian citizen and have never had any other citizenship other than Indian but I was born in Iran. Only lived in Iran for first 4 years of my life. I am assuming I shouldn’t have issues travelling out of states and enter back in since these orders apply to “only citizen or past citizens” of these countries. Is that right?

        If above is true then it will be interesting to see if my green card application will be treated differently simply because I was not citizen of iran and was just born there.. Thoughts?

  81. Hi,
    Thanks a lot for this helpful website,
    My name is Golnaz and I’m Iranian.
    I got my green card about 2 months ago based on marriage.
    I plan to trave to Canada next week for 3 months.
    I would like to know can I come back to Us. with my green card with out any problem in this situation?

    Thanks for your help

  82. Hi,
    My husband is a temporary green card holder which was valid for 2 years. It has expired recently (Dec 2016) and he has applied to remove the conditional status prior to it expiring (Oct 2016). We are flying to Bangladesh next week. Do you think he would have any issues re-entering the US with his expired green card and the extension letter that he has received confirming his application to remove conditional status (I-751)?

  83. Hi,

    I’m an Irish Citizen but born in Iran. I gained my 10 year Permanent Resident card through marriage a few years ago (I married in 2011).
    I always travel on my Irish Passport but I think my Permanent Resident card shows my Country of Birth as Iran. My passport definitely shows my place of birth as Iran.
    I’m supposed to be going to a Wedding in Ireland in April, should I worry about not being let back in.

  84. My wife and I have been married since April 2016. She’s from Algeria. I’m American citizen. She got her Temporary Green card few month ago. We just bought tickets to fly to UK and Algeria in April. I’m concerned now if she or even I will have trouble getting back to US from Algeria. Just to let you know we will not be traveling directly from Algeria. We will be traveling by Iceland Air from UK. Our tickets to Algeria are from UK. Do you think we should be concerned or even cancel our plans?

    1. Hi, Rashid: We would recommend keeping a very close eye on how the situation develops. The government is going to be identifying other countries to single out for negative treatment. Algeria could potentially be impacted.

      1. Thanks for the response, I hope it not, my interview will be next week so. So can an executive order hold naturalization process, as I know it is the Congress who can change that law right?

  85. Hi
    My mom is a lawful permenant resedent origionally from syria! She is a resedent in saudi arabia too! She is in saudi right now and comming back on the 16 th of february!
    Will she be able to enter the united states?
    Thank you

  86. Hi,

    I am an Iranian citizens currently in the US. What happens to people who are in the US but have applied for AOS before the EO was signed? I applied for EB2-NIW visa and concurrently filed I-485 during Obama’s presidency. Both applications are still pending. I looked up INA ACT 245, and it states the following:

    INA: ACT 245 – ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE Sec. 245. [8 U.S.C. 1255]
    (a) The status of an alien who was inspected and admitted or paroled into the United States OR the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence IF: (1) the alien makes an application for such adjustment,
    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
    (3) an immigrant visa is immediately available to him at the time his application is filed.

    Right now immigration visa is unavailable for Iranian citizens. So my interpretation is that any body who files for AOS after EO, would get rejected. But what about people like me who filed I-485 before? On the date that I filed for I-485 there was no such restriction on Iranian citizens. So can I safely assume that my application would not be affected by the recent EO?

    Many Thanks,
    P.S: I am an Iranian citizen.

  87. Hi,
    I am an Iranian national, I applied for national interest waiver EB2 a few months ago, however made the mistake of not applying for i485 concurrently. I was wondering if I can still apply for adjustment of status or not. My documents will be ready in 2 weeks. I have a valid legal status for the next 9 months.
    I understand that you might not have the answer yet, thanks any ways.

  88. My husband and I had filed for his green card back in April of 2016, he is from Argentina and I am a U.S. Citizen. We still have not received the green card. Once we do (by the end of February), will we have any issues leaving and reentering the country?

    We were planning to go to Argentina this summer and I have heard that there will be a ban on green card holders coming back into the US.

    Thank you!
    Delia

  89. Hi and thank you very much for the useful information,

    I am Iranian and came to USA with family based immigrant visa last week. My visa was stamped at the time of entrance and I ma now waiting to receive my green card. I was wondering if it is possible that Mr. Trump suspend issuance of green card for the citizens of the Iran?

    Thank you.

  90. Hi ,

    I’m from Iran and living in California for past 5 years, I got my green card 2 months ago, I planned to travel to Iran from Feb 1st to Feb 26, 2017.

    Do you think is it safe to travel at that time?

    Thanks!

  91. Hi,
    My parents are GreenCard Holders since 2015(LPR)
    they are iranian and out of USA,thire flight is in 8 days.Are they having problem at entry point next week?

  92. My husband traveled to Pakistan yesterday to renew his passport, he is a LPR since 2015, I am a US citizen. Will my husband be denied entry back to US? I’m in so much tension about this, he was thinking twice about leaving but already bought his flight ticket a month ago

  93. Hi,

    I am married to a US Citizen and have a son who is also a US Citizen. My wife and I were married in 2012 and I have been a permanent resident since. I had a dui in 2008. Should I be concerned? I am currently in the process of applying for citizenship.

      1. Would being a permanent resident with that dui on record fall under violation of Trump’s Enhancing Public Safety in the Interior of the United States Executive order?

        1. I would like to know the answer to that too. My husband is a permanent resident from Cuba granted back from the Mariel. But had a felony charge back in 1995. Would it affect him given it was over 20 years ago?

  94. Any problems to I-485 employment Adjustment of status applicants with regards to President Executive order passed on 1/25/17 , is it safe to travel with advance parole.

      1. Thanks for your response, Appreciate your service, I am travelling to India through UAE Transit, this weekend , I have valid EAD and Advance Parole, i was concerned about Presidents Executive order “Immediately terminate all existing parole policies guidance, and program that contradicts to this executive order polices” , i believe this relates to refugee Parole program not for I-485 Employment Adjustment and Advance Parole.

  95. Hi Thanks for for the article,
    I am sponsoring my husband though a 485 adjustment of status, he came in at the age of 8 illegally we filed last year have the authorization to work card, gone in for the interview but its currently now in a hold pattern because they needed additional evidence like our daughters birth certif. which we provided back in November and no news since then. He does have a felony (non violent) that is more then 5 years old and was expunged before we went forward with this process.We are aware they might ask for a wavier because of that which we were prepared for. I’m very concerned with the new executive orders filed yesterday that it will effect what will happen in our future. What can we expect can they deny the whole process? Will they come looking for him to deport him?

    1. Hi, Kathy: You need to talk to a lawyer. If he entered illegally he is ineligible to adjust unless he qualifies through INA 245(i) with a grandfathered petition. Also, expungements have exactly zero impact as far as the immigration service is concerned – they do not make a conviction go away. Trump isn’t the problem here – you need better advice about whether you can proceed even under existing rules.

      1. I’m sorry he does qualify his uncle had a petition in which he was named in that was part of the evidence they needed my lawyer said if they haven’t asked for a waiver yet at this point in the case they most likely won’t We are just concerned that the exective orders will further affect his case or if we try to nationalize in the future

  96. Thank you very much for your helpful article.
    I am an Iranian citizen.I have a green card in process through an approved National interest weaver application.
    Since my green card is in process I have an approved I-131 however I have not got the actual card yet. I expect to get it in a week.
    I am in Iran right now and I need to comeback to US this month; I am studying my PhD in U.S. My husband who has the same residency situation is in U.S.

    Can yo please let me know how this new rule can effect my travel?

    Thank you,
    Homa

    Can you let me know how does this new rule will affect my travel?

    1. Hi, Homa: You should get back as soon as possible. Any Iranian citizen/national could potentially be facing an admission bar. You should talk immediately with the lawyer helping you with the green card process.

    2. Thank you for your response. I got my travel card yesterday and will receive the card here in Iran this Monday. The soonest time I can come back is this coming Wednesday. I am not sure if I need to take a risk and travel or should I cancel it as my green card is in the process and I have advance parole travel card. Does this card be considered as visa or green card? I would appreciate your advise/information. Thanks.

  97. Hello thanq for your excellent information, my parent has won Green card lottery two years ago and received their green card about 15months ago, they have white passport and currently live in Iran, will they be able to travel to america after this new rules of trump ?

    1. Hi, Payam: Under the draft Executive Order we reviewed last night, Iranian nationals may be barred from being admitted to the United States. It is unclear how that will impact green card holders. But we do believe it is risky for Iranians to travel outside of the U.S., or to remain abroad.

  98. I have a friend who is doing his Phd here from Iran on a student visa. Will Trump be able to prevent him from renewing his student visa or from getting an employer sponsored visa if/when he finds work here? Sounds like since he’s already in the US, he’s okay for now. Wondering about renewal of student visa though. If he can’t find a job, he might do another Phd to be able to stay here. Thanks.

  99. Hi there, thank you for posting such an informative article. I’ve been a lawful permanent resident for more than 10 years and I have been wanting to become a U.S citizen. Will trump administration affect my eligibility? Will he make it stricter or longer for the process? Thanks

    1. Hi, Kevin: As discussed in other responses here, no – the citizenship process should not be changing. But security checks may increase processing times. Our general advice is move forward sooner rather than later.

  100. Hello Greg. My family moved to America when I was 5 and am now 26. We are permanent legal residents (one of my siblings was born here and is a citizen). I am a student with one DUI on my record. Should I be concerned?

    1. Yes.

      Anyone with a DUI or criminal matter of any sort should always talk to an immigration attorney before pursuing any immigration strategy. Today Trump announced deportation priorities that continue to target such people.

      Get an attorney’s help to figure out your best course forward. You may be able to become a citizen and then have security.

  101. Hi Greg,

    I have been a permanent resident alien since 1982. My parents are both naturalized and I have been married to a U.S. Citizen for 14 years now with 2 children who were born in the U.S. I just realized that my green card expired a few years ago. Since I was so young when I got it, and my parents did the renewal process for me years ago, I didn’t actually know they could expire. Does this pose a huge problem for me right now and can I get deported? I am a citizen of India.

    1. Hi, Sarai: No – your LPR status doesn’t end just because of the card expiring. But you’ll definitely want to renew your card. Have you considered naturalization? Often NRIs don’t want to lose their Indian nationality, so perhaps that’s the issue. But if you never plan to exercise your rights as an Indian citizen, you might want to consider that option.

  102. Hi,
    I am from Iran, and I came to the US 4 years ago. I have a PhD, and I applied for a US green card through EB2 NIW category. My I-140 is approved and my I-485 application is pending. I have a EAD combo card. I would highly appreciate if you clear these issues for me. 1- Does the new executive order of Trump freeze the processing of my I-485 case? 2- Is I-485 application the same as an immigrant visa? 3- If my I-485 processing time goes beyond the expiry of my current EAD card, can I apply for a new one?

    Thanks in advance

      1. Hello, my wife and I are in similar situation that Ali is. My case is EB2 category employment based I-485 which is pending. My wife is my dependent. we are going to apply for EAD renewal soon. I have a question: Can we travel to Iran and visit our families during the time that existing EAD is still valid (by Apr 2017)? Should we expect any problem when we come back?

        1. Hi, Manoochehr: We wouldn’t recommend to a friend of ours that s/he go. Frankly, anything seems possible at the moment. These are highly uncertain times, and Iran has just been singled out for harsh immigration treatment. At the least, talk to an attorney before you plan anything.

  103. Hello,

    I’m very nervous with Trump’s winning. My husband was approved for the waiver and now we are waiting to hear back as to when his interview in Juarez in going to take place. My question is, now that Trump is elected president do you think most ICE officials might deny residency visas because of the racist comments Trump has made? Maybe they might think it’s ok to deny visas. Also, my lawyer forgot to mentioned in some papers that my husband was in military school, but it’s stated in others do you think he will have a problem?

    1. Hi, Martha: ICE doesn’t issue visas, that’s the Consulate’s job. Yes, we do anticipate possible discrimination based on national origin, religion, and potentially ethnicity. But most cases in Juarez will not be impacted for those reasons.

      The paperwork defect sounds like a technical one that your lawyer can easily cure by noting the correction when communicating with the immigrant visa sector at Juarez.

  104. Hello,
    One quick question. My wife’s form I-601A has recently been approved to receive her green card. We are now waiting to have our final meeting in Juarez to get her green card. Should we be worried about anything now that Trump has taken office?

      1. We live in the US so should we be worried about her going to Juarez now? She is afraid while flying out of the US to Juarez the process will be long, then denied so she cannot re-enter. Also, we were told should not take longer than a week to get approved while over there. Any thought on how long the final interview process will take? Thanks for your help.

      2. Thanks for the quick reply. My wife is concerned about traveling outside the US to Juarez and being denied re-entry. We were told it would take about a week once in Juarez. Do you have an idea of how long it is taking once you’ve had your interview to receive the visa? thanks again

  105. Hello sir,
    I herd in the news that president Trump going to sign a temporary ban on visa issued for citizen from countries like Libya.
    Is this going to affect my I-485 application process under DV lottery visa program.

      1. Hello، I herd in the news that president Trump signed a temporary ban on visa issued for citizen from countries like Libya. Is this going to affect my I-485 application process under DV lottery visa program.

  106. Dear Greg,

    I have a question because our situation is a bit different from the topic of the article. My wife filed the i-130 petition for myself at the end of September 26th, 2016. Since we are living in Switzerland right now, we decided to go through consular processing even though I am a Colombian citizen. Would the new administration affect the applications that are in process? We haven’t heard back from USCIS regarding the i-130…

    Thanks,
    Juan

    1. Juan: You definitely should have received a receipt notice for the I-130. In your situation I would be less worried about Trump than just some standard issues you may not yet have been planning for.
      1. You need a plan for how you will meet the requirements for the I-864, since it sounds like your wife is not domiciled in the US. If she lacks US-based income that’s also a problem.
      2. You may need approval for “third-country” processing in order to process in Switzerland versus Colombia.
      I’d recommend talking to an attorney soon about those issues (and also to figure out if your I-130 wasn’t properly filed). We’re happy to meet with you if helpful.

  107. Hello,
    I am a US green card holder and currently traveling outside the U.S. I am an Iranian citizen. I heard that president Trump will sign or signed an executive order to ban issuing visa to citizens of certain nationalities including Iran. This can potentially ban current visa holders from entering to U.S. Do I too need to worry about this ?

  108. Thank you for this article.

    My question is

    I’m a green card holder (Asylum based). I have a valid Refugee Travel Document that was issued to me by USCIS 3 months ago… I am going to travel to Malaysia for vacation (not my home country). Now, that Mr Trump is in the office and is planning on restricting asylees/refugees from entering the country. What does this mean exactly for someone like me?

    Should I be worried? Should I cancel my trip and just stay in the country? Will I have issues entering USA from my vacation? Can USCIC revoke my greencard and already granted asylee status with Trump’s immigration policies/executive orders?

    Thank you

  109. Hi Greg, I am a LPR through DV lottery. I just completed filling process for my family outside the USA, and currently awaiting NVC Vise number before their interviews. Does the current President has the power to stop the whole process, with all the expenditures, time, energy involved?
    What about me in the USA too?

    Please respond to me.

    Thanks

  110. Hi Greg, I am a LPR since 2013 and have just completed the filling process with NVC for my wife and daughter who live outside the USA. They are currently awaiting Visa numbers to be available before taking their interviews in their country of birth. I am scared of this administration as it’s currently stands.

    Please say something about me and family yet to join me.

    Thanks

    Med

    1. Hi, Med: Say something? Unfortuntely, the best we can do is that we wish you the very best of luck. It’s great that you’re so far in the process. The likelihood that you’ll be impacted really depends in part on the home country – which is it?

  111. Hello thank you in advance for your time and help
    Please We are a Syrian Christians family I have granted the asylum after 3 year and half of waiting on June 2016 and should apply for the green card on June 2017 I have tow American kids they born here so do you think any thing may stop my green card processing or could Trump cancel our asylum case by any law or future decision please advise and thank you again for your help

    1. Hi, George: Welcome to you and your family! We’re so glad that you made it here safely.

      No, we would be very surprised if Trump took steps to strip status from those who are already in the country as refugees/asylees. But yes, definitely be prepared to file for adjustment of status the same day you are eligible to do so. Get started now to understand the process and gather the documents that you will need.

      We will be updating our website here once Trump issues his new immigration announcement today.

      As-Salaam-Alaikum

  112. Hi Greg,

    Thanks for putting this site together. I entered to US on 2004 with student visa and I am from Iran. I have completed two masters and a PhD degrees and currently work in a well known company. Two years ago I have applied for Green Card through national interest waiver. My I140 got approved and I applied for I485 1.5 years ago and currently waiting on Green Card approval. Right now I have EAD card with advance parole. Couple of questions: related to my situation
    1. How the Trump executive action on visa ban can impact my immigration status?
    2. Can the new executive order cause me not to be able to renew my EAD card?
    3. Considering that I am on EAD with advance parole right now and the fact that Iran is in the list of countries with visa ban, will I be able to travel outside of US and come back in few weeks?

    I appreciate your answer.

    1. Hi, Nazanin: Glad the site has been helpful

      First, you are doubtlessly represented in this process (by an attorney funded by your employer), so make sure you are turning to her/him for case-specific advice.

      1. We don’t see any indication that Trump will target folks in your particular situation, at least in the near-term. A revamp of employment-based visas could be down the pipeline, requiring congressional action, but that will probably not be part of the executive orders happening this week.

      2. He arguably has that legal authority, but again, we don’t believe it’s likely that executive orders will target folks like you. Instead, they’re focused at refugees and others *outside* the US.

      3. We would strongly discourage an Iranian national with advance parole from departing the United States in the current environment. Whether it makes sense for you would ultimately be up to you based on (e.g.) the purpose of your trip. But it would be fair to characterize that trip as risky.

  113. Hi Greg,
    Thank you very much for your helpful website. I am an Iranian citizen. My green card application via job offer is in process. I have received my EAD Card and I’m waiting for I-485 approval. How will the recent executive order affect my case?

  114. Hi. My husband applied for citizenship almost a year ago and we still haven’t received any news except that it’s pending. He is currently visiting his mother in Egypt and I begged him not to go because I fear that he will have trouble getting back home to me. I read an article today that tomorrow Trump will sign a temporary immigration ban targeting several countries (Egypt not included) but that this will likely be followed with a multi-month block of all immigrants entering this country. Is he legally able to block somebody who already has a green card from re entering?

    1. Hi, Dawn: There’s a very strong legal argument that the president cannot simply prevent LPRs from returning to the country. At the same time, it seems the current president may try to do just about anything. If your husband were to be denied entry it would be extremely difficult to challenge. Basically, it’s better to be inside rather than outside the states these days if you’re from countries in/near the Middle East.

  115. Hi Greg,

    Based on your previous posts, it appears that New Administration can’t take away existing Green cards so at least that clears one thing. I am a Green Card holder and received it through employment. My wife and I will be applying for Citizenship sometime in mid June 2017 (5 years will complete in Aug). My kids are born here and are US citizens. I did my undergrad and grad school from US (long Journey- F1, H1B. GC) and been here for last 17 years. I have 2 questions.

    1. Would this new administration change citizenship criteria or process in any way for legal residents (GC holder)?

    2. My family and I are planning to take a trip to Dubai and Pakistan to see grand Parents in May, Do u think USCIS can deny my entry to US?

    Thanks in advance.

  116. Hi Greg,
    I’ve already been applied for the removal condtions from my conditioned green card through form I757, but my case is pending more than plus 6 months. Please guide me with my case.

  117. Hi Greg, I have a question!

    I’ve been a LPR for going on 10 years now and am eligible for citizenship. I was granted my permanent residency status while I was in the foster care system at the age of 14. To make a long story short, I was living in the states for quite some time and recently just moved to England (my home country) just for a basketball season that last from August-May. As soon as the season is over, I’m looking to apply for my citizenship and start the process with that. As far as Trump being in the office, should I be concerned with:
    1. As soon as I head back in May, will the laws for LPR’s be subject to change? and should I be worried about reentering the country?
    2. Will Trump make the process of trying to be a citizen more complicated?

    1. Hi, Daniel: no, we don’t anticipate that LPRs will have challenges re-entering the country, at least from England. Likewise, the citizenship process should not change in the short-term, as it’s determined by Congress. There are requirements about continuity of residence and residence in your USCIS jurisdiction, however, so you’d be well-advised to get individualized advice for planning purposes.

  118. Hello Greg, I lost my greencard last year and filed i90 to replace it on May 5th 2016, had a biometric appointment and gave my fingerprint. I haven’t heard back from them ever since the apartment and it says its “pending consideration”. I think my case is out of regular processing time. Is this anything to do with Trump being the president or do you have any idea what is happening to my case? I’m scared that I can’t get my greencard back..

  119. Thank you for posting this. It was really helpful. I have a question and wondering if you can answer those.

    I received my Green Card through employer and will be applying for Citizenship in May (will complete 5 years of GC in Aug). I need to know if Trump can change or slow down the naturalization process. My kids are US citizen by birth. I don’t have any criminal record and did my undergrad and grad school from US.

    Thanks!

  120. Hello Greg,
    My husband is a lawful permanent resident who will be eligible to apply for citizenship in May 2017. I am currently finishing a master degree program in Germany (I have the German citizenship) and my husband and I would like to live together in the U.S.
    With Trump being president we are both worried about:
    1) My husband’s naturalization process to become a U.S. citizen
    2) Having difficulties to join my husband in the U.S.

    We are currently looking for lawyers with whom we could work. We are scared that things will not work out. What are your suggestions?

    I appreciate your time and effort! Thanks!

    1. Hi, Maria: We’d of course have to know more about your husband’s situation. But generally, if someone is legally eligible for citizenship they should still be able to naturalize and then petition for you. If you’re a German national, we would view you (based on nationality) as a low risk for Trump era policies. Depending on your Masters timeline, there might be different ways that you two would want to consider initiating the I-130 petition (he can do that as an LPR, but would then be subject to numerical caps). Bottom line is that you absolutely should get strategic advice earlier rather than later in this process, since the best option might be for him to start the petition as soon as possible. We work with German nationals all the time. Our German clients tend to be highly organized folks with very high expectations – we’ve learned to be ready for lots of smart questions at our initial consultations.

  121. Hi there, me, my dad, my mom and my younger brother are LPR. My dad came to the states first before three of us and became an LPR after about 5 years staying here. From there, he submitted a petition for three of us for qualifying family members of asylee. And since I’m not really clear on how Trump’s plans for LPR, now we, along with my dad are thinking to do naturalization since me, my mom and my brother just passed 5 years requirement. Do you think we need to do it ASAP? or we are safe to be LPR only? Thank you.

    1. Hi, Chris: Trump can’t just cancel immigrant’s lawful residency status. But we generally tell people that there’s no foreseeable advantage to waiting. In other words, if you know that you want to naturalize, we’d recommend moving forward with that sooner rather than later.

  122. Hi Greg! I got my greencard 2016 and I’m planning to go back to Philippines for vacation(less than 3mos)
    But my dad(who is also an LPR)
    Seem to be worried that there may be problems or changes in the immigration that even though youre a LPR. Since Trump is the president. That I might not be able to come back to Us. I dont get it why they have those ideas. We’re legal.
    Can you please enlighten our minds? Thanks!

  123. Hello,

    My name is Sofia and im an LPR. Im from Portugal and im planning on getting married in june with my fiance who lives in Portugal. Would it be any problems when i fill the petition for him after the marriage?

    I really appreciate your attention.
    Best regards,
    Sofia.

      1. Hello,

        i really appreciate your attention. I know LPR can not make a petition for fiance only spouse, that is the reason im planning getting married in my home country (Portugal) and then start the petition. I know the waiting time know for all that process is approximately 1year and 10 months, according to visa bulletin. Do you think Trump might influence this timeline or do anything about family based petitions?

        Thank you in advance!

        Beste regards,
        Sofia.

        1. We think the primary challenge will be in security clearances. The processing of petitions – and processing at the National Visa Center – is probably unlikely to change. Processing is funded by filing fees, so it should be insulated from cutbacks to some extent.

  124. I am a LPR and have been for 18 years i have been eligible for citizenship for a while now but never did due to the price but i will be dling it soon . my question is i am married (born citizen) and have to kids and i sometimes stay up at night scared to death that trump will somehow find a way to deport LPR’s also . Should i be concerned?

    1. Nope. Trump can’t just take away residency status.

      But you should get your N-400 filed. If you really can’t afford it, then you should qualify for a fee waiver. If you can afford it, then get it filed.

  125. I am a green card holder I have got into trouble in 2001 3rd assault an given 1 year probation,since then I have been good only traffic tickets the most, I haven’t got into any trouble at all for 7 years an I lost my green card can I apply for citizenship

    1. Hi, Jamaica: You absolutely need to have a qualified attorney review the “record of conviction” from that matter before you seek citizenship. Usually the look-back period is five years, but USCIS is permitted to consider convictions further back.

  126. Hi Greg,
    I am from a muslim country and earned my greencard from the diversity visa lottery. For family reasons, currently I am in my home country and planning to come back United States in March 2017. Can Trump ban individuals who already have a greencard during reentering?

    1. Hi, Demet: The President – and U.S. government generally – have extremely broad powers when it comes to controlling the borders. But greencard holders also have the legal right to enter the United States. So long as you are in valid status as a lawful permanent resident we would not expect you to be denied entry. Make sure you are complying with rules governing the period of time which a resident may spend outside the U.S. without abandoning status.

      As-Salaam-Alaikum

  127. Hello, I have a green card based conditional residency (2 year GC.) I filled for removal of conditions in october and still waiting (I heard it takes 6 months or so to get approved) but I already have my one year extension letter.

    I have a question regarding medical and unemployment
    Me and my spouse are seasonal vendor representatives which means months like january,july we don’t have hours cause there’s no retail to be pushed.
    My spouse is a citizen. He takes unemployment for those months, I would like to as well. Also we use MEDICAL. (free health care.)

    Would that impact anyhow my ROC or future naturalization? (from my extensive research in many websites it says unemployment and medical are no means tested benefits and don’t affect at all.)

    Also, if I was to travel internationally could they ban me in my return because of such benefits?

    Thank you for your time in advance!

    1. Hi, Diana: Receipt of unemployment does not impact eligibility for residency or citizenship because it is a form of insurance. Medical programs vary by state, so it’s not clear what “Medical” is.

      1. Thank you very much for your so helpful reply and page!

        Medical I believe is medicaid…is a free government insurance for people with low income.. Me and my husband are under it but I NEVER used it for anything cause I would rather not until I’m a citizen just to be safe. My Born citizen Spouse uses it mostly…

        Is it safe to say if me and my spouse would like to take an international trip for a month in september that when we get back they would not give me problems for being under medical and taking unemployment?

        Is it safer to just wait until may 2018 when I can apply for citizenship based on my marriage and just travel after?

        Or at this point we can’t predict and say much?

        I have anxiety about this matter because living here with my spouse is important and I would not risk it away..

        Thank you again!!!!

          1. Thank you for all your replies!

            My father has liver cancer and me and my husband wanna go to Brasil for 15 days.
            We live in Los angeles

            I have the 1 year extension letter and expired 2 year GC (plus proof of biometric done and marriage certificate) is that enough to go and return without problems?

            Have you heard of brazilians being requested a ”transportation letter boarding foil” just cause green card is expired and they dont understand the extension letter?

            Thank you!

  128. Hi,

    I am currently in the US with one of the Big 4 consulting firms. Recently i have been given the option of applying for GC under EB-2 status. As i am from India, this would take about 8-10 years.
    I have been contemplating if I need to move to India and work for a year and come back so that I can be eligible for EB-1. Given that current political climate is that advisable or is it a very high risk.

    1. We don’t expect India to be one of the countries most impacted by Trump administration policies. Nor do we believe the investment visa programs are likely to change in the near future. Persons of Muslim faith – sadly – likely will be subject to additional screening. But all things being equal, this is not a time where we would encourage clients to leave the US if they have the option not to.

  129. I am a Muslim and green card holder (employment based). My USC is due but I am a little hesitant in filing citizenship application because of President Trumps anticipated immigration policies. Can you please advice if I should go ahead and file for USC or wait and see his policies first? Do you see any major policy changes (specially for Muslim) for filing USC?
    I have missed filing local income tax for last 2 years since becoming an LPR which I have paid in full and have documentary evidences of payment. I have also missed filing tax return for 1 year before becoming LPR. Do you think I should hire a lawyer to prepare my USC application or do you think my case is straightforward and I don’t need an attorney?

    1. Hi, Shah: Our advice to our clients is basically this. “We don’t know how bad things will get, but they are unlikely to improve for any immigrants.” So if you’re eligible to apply, we would recommend moving forward. As described above, President Trump cannot simply change naturalization law. But processing times could increase and security screenings made more stringent.

      Yes, if you have any irregular income tax issues you should definitely consult with an attorney before filing. And – sadly – this is a time when Muslim applicants for any immigration benefit would be well advised to have an attorney at their side. We’re happy to work with you if you’d like help.

      As-Salaam-Alaikum

  130. I am a Lawful Permanent Resident and waiting for an interview for my citizenship application. Being a Muslim, should I be concerned with Trump in office halting application process because of religion?

    1. Hi, Sean: Naturalization laws are implemented by congress, so President Trump cannot change them by himself. But we anticipate that Muslim applicants may be subject to extra security screening, which could delay their applications.

      As-Salaam-Alaikum

  131. Hi, i am on a l1a and going for the eb1c in Feb once the paperwork is collected and filed. Do you see any issues with Trump being in office ?

    1. Hi, Mikej: No, we wouldn’t anticipate this being a class of individuals likely to face extra problems. With that being said, it’s very difficult to forecast what will be done by this highly unpredictable administration.

  132. Am a LPR by visa lottery I just went back to my country and I spent a month after three years of staying within US can I apply for the neutralization earlier or I need to wait till five years as stated. Thanks

  133. Hi Greg,
    I am a LPR since three years, I am an Official of UN and due to the nature of my job which is required me to travel overseas to deliver humanitarian support and assistance where it needed worldwide I usually stay three months outside US before I come back for a vacation to see my family in US. My question is it risky for me to continue this, will I face a prob at the US entry port.

    Thank you for your kind help.

    1. Frankly, we just don’t know what new inspection procedures may be put into place. But as a blanket prediction, we anticipate that screenings will become more rigorous, at least at U.S. consulates.

      You may want to speak to an attorney to ensure you are not at risk of abandoning your LPR status – this can be done if too much time is spent outside the US. Time abroad can also prevent you from naturalizing. There are exceptions that apply to certain types of government work. This is something that it would be worth your while to get individualized advice about.

  134. May I ask if there will be some delays or cancellation in Trump’s term? My status was already approved since 2010. I’m still waiting for the green card from my dad’s petition (Overage case). My Dad is a US Citizen in there. Your response will be much appreciated so that I will know what should do if ever there is any changes in the process. Thank you very much!

    1. Hi, JC: If your greencard is already approved then we would not expect you to be impacted. The production of greencards has been a bit slow lately, but once you’ve received your approval notice we would consider you safe.

  135. Can Trump-Pence presidency effect permanent resident/citizenship status of LGBT people? My spouse (US citizen) and I (Indian citizen, came here for doctoral studies (F1 visa) … finished school, and now, I work full time) got legally married in New York in 2012, but could not apply for immigration until DOMA was repealed by Supreme Court in 2013. We went through immigration process without any issues (Conditional residency status based on marriage was granted in Feb 2014; permanent residency grated in Feb 2016). Now I have the opportunity to apply for citizenship (If I understand correctly … starting from 90 days before Feb 2017).
    I would prefer to wait before applying for citizenship (As a bi-racial gay couple, we are concerned about impact of Trump presidency)? Can Trump-Pence/Supreme court discard the validity of our marriage and invalidate my current resident status? If I were to file N-400, could citizenship prevent such discriminatory actions?

    Regards,
    Varun

    1. Hi, Varun: Fortunately the Supreme Court’s decision in Windsor was a constitutional ruling. The president doesn’t have any authority to change the law as decided in that opinion. There is a serious issue about whether Trump will appoint justices who will pull back from some areas of civil liberties. But those impacts will not be felt in the short term – it would be very unlikely for them to impact your citizenship eligibility. With that being said, we’re advising everyone that things are unlikely to improve for anyone from an immigration standpoint. In other words, go ahead and get your N-400 filed as soon as you’re eligible. That’s three years, minus 90 days, after you achieved LPR status.

  136. Hello
    I have a question regarding my family’s greencard, my aunt filed a petition for my father in2003 and in August we had our interview. My question is now that Mr.Trump has been elected as president wil there be any issues regarding our greencard? Can the processing be canceled or delayed somehow? We are from Iran. Thanks

    1. Hi, Ghazal: If your father already has status as a permanent resident he should not feel any adverse impact. But if he is going through the process he may face additional security screenings. Indeed, if he is currently in Iran it could be a serious problem, as Trump could potentially make it impossible to apply for visas in that country.

  137. Hello,

    My fiance is a Canadian citizen who has overstayed her travel visa. No criminal record. We are planning to apply to adjust her status after we get married (soon). How likely do you think it is that the new administration can make this more difficult? If we submit our applications before the new administration begins in January, do you think we’ll be okay?

    Thanks!

    1. Hi, Thomas: Broadly speaking that is not a case scenario that we believe will be negatively impacted by the Trump administration. Make sure you take a careful look at the immigrant intent issue, which is one that Canadians often overlook. (Canadians automatically enter as B-2 visitors unless they have another visa). If you’d like to be represented with the case just let us know – we work with Canadians all the time.

      1. Very helpful, thank you. I read something about the 30/60/90 rule and that after three months you should generally be okay. I just proposed to her last weekend and she has been here since January 2016. Assuming we make clear in the interview that she did not come here with the intent to get engaged (she was planning to visit me for a few months after she finished school), that would not be a red flag, would it?

        If we wanted to reach out for a consultation, what is the best way to reach you?

  138. Hello, I been marry with my wife for 5 years, have 2 kids, I’m trying to apply for a resident , can I still apply or not worth it since trump it’d on presidency , the only thing it’s that a have a misdeminer.
    .

    1. Hi, Jamie: This is what we’ve been telling our clients: there’s basically no chance that things will get better in January, and they might get worse. So basically, there’s nothing to be gained from waiting, and now is a good time to figure out if you can proceed. If you have **any** criminal record whatsoever it is critical that you talk to an attorney before filing any application. Trump has made clear that criminal issues make individuals a priority for deportation.

  139. Both of my parents and husband have a permanent residency. If they trouble outside the United States, and not back by the time Trump takes over. Would they have an issue with coming back in the United States?

    1. Hi, Jes: Generally speaking the rules for travel should not change for permanent residents (remember that there are restrictions on hoe long they can be abroad). But if they are either Muslim or originally from a country (like Syria) considered a high terrorism risk, then they might want to wait and see what policies get implemented.

      1. Thank you for your quick response. They would be traveling to Mexico. They wouldn’t be gone for to long. It would just be right after Trump takes over.

  140. Hello Greg, I have gotten my Green Card through a family based visa, because my daughter was born in the US. I am living and working in the US since 8 years, but have not applied for the citizenship yet. In the beginning of this year I married an American. Could my Green Card be in jeopardy or is even our marriage in jeopardy?

  141. Hi,
    I am on H1-B visa through my employer. My I-140 was approved, my green card application was filed by my employer and my priority date is june 2016. I am currently waiting for my adjustment of status and it wont happen till feb 2017. Can Trump cancel my application and or delay my adjustment of status considering i am from Pakistan.

  142. I am a citizen and my husband is currently in the process of trying to gain permanent residency. We have been approved for petition, hardship waiver and affidavit of support. Next step is the Ds form. Our priority date is June 2015 so it looks like our appointment won’t be until April when trump is in office. Do you think he will cancel everyone in the process or can he deny him automatically without reason once we go for the interview?

    1. Hi, Crystel: If you are a US citizen then this is not a family-preference petition and you are not reliant on progression of priority dates. If you complete the DS-260 soon, and get the supporting documents into the National Visa Center quickly, then it is possible that you could have the process completed before Trump takes office. But that would really be pushing it. Nonetheless, it is exceedingly unlikely that he will stop pending visa applications, with some exceptions in countries with high rates of terrorism. It is possible, however, that there will be increased delays in the process. The best you can do is move forward.

      1. Does everyone who is applying green card need to fill out form of DS-260?
        Or only someone is outside of counry should fill out DS-260?
        I didnt fill out DS-260, so can u explain please?

  143. Hi Greg,

    I have been LPR for 12 years and the reason not getting the naturalisation is because of my travelling, I couldn’t fulfill the uninterrupted one full year.

    My assignments is to develop business in different markets.

    Will there be any risk on my LPR.

    1. Sam: First, I would have an attorney take a careful look at whether you really can’t naturalize. If not, you will also want an assessment of whether you are at risk of an abandonment finding. (Our guess would be no based on your post, if you’re just traveling on relatively short business trips versus relocating).

      But as we describe in this post, there’s relatively little risk – absent other factors – that folks will simply lose their LPR status.

      1. Im wondering
        LPR means somone has already removed conditional permanent green card and get a real green card, right?
        Someone who is aready LPR, does he/she need to get citizenship?
        As Merce, her husband and Sam say, they are already LPR and been at leat 8 years, is it gna be problems as stated ‘green card’?
        I heard that it is really difficult to get cirizenship if someone has criminal record. Is it?
        In addition if someone has already green card, he/she can travel, even thogh LPR is stable, right?

        1. Hi, Kimm: Conditional permanent residency is “lawful permanent residency” (LPR), it’s just that a conditional resident is required to file the I-751 petition in the 90-days before the end of her 2-year conditional residency period. Once someone removes those conditions through a successful I-751 petition then she is a non-conditional LPR.

          Once someone is an LPR for 5 years – 3 if married to a US citizen petitioner – then she may apply for citizenship. But there is no requirement that she has to.

          Any criminal record – any whatsoever – means you absolutely must speak to an immigration attorney before filing any immigration or naturalization application. Even small criminal matters can cause your application to be denied and have you placed into deportation proceedings.

          Yes, LPRs may temporarily travel from the United States. But lengthy trips can result in a finding that residency was abandoned.

  144. Hi Greg my question is i have been LPR for 8 years and my husband for 10 years and we want to go out of the country but am a little afraid that when we come back they wont let as in into the US again we have clean records.

  145. Hi Greg, this article is really helpful, but my situation is little different.
    I have 2DUI, 1assault(police officer) back in 2010.
    I cam here as an international student but im overstay now about 5years.
    : 1DUI AND 1assault dismissed and 1DUI is guilty
    I married few montha ago with american citizen and he divorced just before we married he also helped her greencard: she got sentence of deportation as overstay before she got green card
    I just applied green card and anything i havent got a news except i did finger print.
    My question is
    As Trump is president now, can i get a green card?
    Should i worry about deportation because of convicted of those crime?
    Even if i get a conditional green card, Can i apply I-751 to get permanent green card after 2years? Do u think Trump can change the law quickly as he announced it is gna be really hard to get green card in four years.

    Im so worry about everything now
    Thank u so much sharing ur articles and help me ur thoughts

    1. Hi, Kimm: I certainly can’t advise you on your case – especially with criminal issues – based on such a short summary. But *if* you are eligible to adjust, we don’t think that the Trump election will impact those with pending and valid adjustment applications.

  146. Hi Grey, thanks for the information I’m USC and I have my family with me, they came for visit to see me and I’m adjusting for the permanent residence, it’s in the process they are waiting for the interview. I’m just worrying if they dont get till January what it gonna be and their age is above 60? can you please help me, thanks.

  147. Hi Greg, I appreciate the information and advice you give us on immigration. I am a born and raised U.S. citizen and have been married for almost 3 years now, and currently have a 20 month old son. My wife was on DACA and did not renew this year, she also has a clean record. We are currently waiting on our waiver of grounds of inadmissability to be approved and were told it can take up from 4 to 6 months. The issue is that President Trump will be in office in January and we are afraid that he will deny everyone that are in the process of getting a green card. What could we do? Will we be effected?

    1. Hi, Luis: Fortunately Trump can’t just cancel greencard applications. Likewise, the 601 waiver application can’t just be canceled. But if this is a consular processing case definitely take a careful look at the situation before departing the country for a visa interview.

  148. Hi Greg, I am currently a permanent resident and my husband was born here. I have not gotten my citizenship but I have been eligible for it for a while now. I had a written arrest back in the day, I had a student visa at the time (10 years ago I was in a car with a friend and she got pulled over and cannabis was found in the car, we both received a written arrest and it was dismissed). I am planning to get my citizenship but should I be concern as far as getting my green card taken away?

    1. Hi, Mariela: It’s critical that you get an attorney to assess the actual documents from that criminal incident. You absolutely should not apply for naturalization without an assessment of the matter. USCIS has been very aggressive about re-assessing residency applications when adjudicating N-400s. Basically, they ask whether they should have granted residency in the first place.

      1. What was found was a very small amount and it never was an issue when I went thru my green card process. Also, I’ve had my green card for at least 5 years. My concern was if they would ever try and take my green card away due to this misdemeanor but now you got me thinking that I can potentially have an issue once I try and become a citizen. Thank you for your advice! I will contact an attorney before I start the process.

  149. Hi, thank you for this website. My question is, I have a conditioned green card through marriage. I am divorced after staying with my American husband for two years. We have a daughter together. We share our daughter custody, child support and I have good relation with my in laws and my ex husband because my in laws know, I didn’t do anyhthimg wrong. My husband divorced me.He even wrote a letter to immigration that the marriage was based on love and respect but we can’t stay together because of him. I am working full time. Can this government make my permanent green card harder ? Any suggestions. ?

    1. Hi, Meena. Lots of people have been asking about this, so I’ll try to do a post soon. Basically, we don’t think I-751 petitions, in particular, will be problematic. However, if you are coming up on the 90-day filing window for your I-751 I recommend getting it filed ASAP.

  150. I’m so glad I found this article, Greg. It is very helpful! I came to the US on K1 visa in December 2014 (I’m originally from Europe), got married to my lovely husband, and adjusted status. I became a Conditional Lawful Permanent Resident in September 2015 and I will have to file for Removal of Conditions between June 2017 and September 2017. Honestly, I’m very relieved that I don’t have much to worry about.

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