Will Trump make it harder to get a U-Visa?

Immigrant families across the United States are worried about what a Trump presidency will mean for them. If you have applied for a U-Visa as a crime victim, or are planning to, will President Trump make it harder to get your visa?

The president’s powers are limited by the constitution.

The United States government operates on the basis of separation of powers. The constitution defines the roles of the president, congress and the courts. Each of the three branches has specific powers that may exercise.

The president’s role is to “execute” laws passed by congress. But the president himself cannot make laws. Basically, congress passes laws, then the president has to figure out how they will be implemented.

Trump will not be able to change the immigration laws that have been passed by congress. That includes the U-Visa program. He cannot simply cancel the program altogether. Let’s look at that in some further detail.

The availability of U-Visas will not change anytime soon

Laws passed by congress created the U-Visa program and set the number of available visas President Trump will not be able to cancel the U-Visa program or change the number of available visas. At least not by himself.In order to change the U-Visa program, Trump would need to change immigration laws with the help of congress. It is very likely that he will try to pass new immigration laws, but that will not happen soon. At the very soonest it will be a year or more before any new immigration laws are passed.

In order to change the U-Visa program, Trump would need to change immigration laws with the help of congress. It is very likely that he will try to pass new immigration laws, but that will not happen soon. At the very soonest it will be a year or more before any new immigration laws are passed.More importantly, we do not see indications that the U-Visa program would likely be canceled. The program accounts for a small percentage of immigration in the US. Also, the entire point of the program is to support law enforcement, which typically has the support of the Republican party.

More importantly, we do not see indications that the U-Visa program would likely be canceled. The program accounts for a small percentage of immigration in the US. Also, the entire point of the program is to support law enforcement, which typically has the support of the Republican party.

Even if Trump wanted to cancel the U-Visa program, it is fairly unlikely that congress would agree. The Republican-lead senate is more moderate than Trump. It would be difficult for them to get support to cancel a visa program that helps crime victims and law enforcement.Our analysis is that it is unlikely that Trump will cancel the U-Visa program.

Our analysis is that it is unlikely that Trump will cancel the U-Visa program.

Will processing times for the U-Visa change?

As we discuss every day with readers of our website, U-Visas are taking a very, very long time to process. It is currently taking about 2.5 or more years to get deferred action status and a work permit. The reason for this is simply that USCIS is taking a long time to process the petitions.

Getting the U-Visa itself takes even longer than initial deferred action. The waiting time is now many years for people applying now. But this delay is created by the availability of visa numbers, rather than processing delays at USCIS. Because congress sets the number of available U-Visas, USCIS cannot approve a petition until a visa number becomes available. And there have been far more applicants than the number of available visas.In terms of processing time, Trump could possibly create further delays. But we do not believe this is likely in the foreseeable future.

In terms of processing time, Trump could possibly create further delays. But we do not believe this is likely in the foreseeable future.The current delays are basically caused by staffing decisions made by USCIS. The agency calls different application processes – like U-Visas or marriage

The current delays are basically caused by staffing decisions made by USCIS. The agency calls different application processes – like U-Visas or marriage greencards – “product lines.” Based on USCIS priorities it moves staff around to various product lines.

So, for example, marriage based cases are given relatively high priority by USCIS. If the processing time for that product line starts to increase, USCIS will move staff around so that they have more resources for marriage cases and processing times decrease.It appears to us that USCIS already gives low priority to U-Visa cases. Based on what we see, the agency is not committing many resources to this product line, so cases are getting processed very slowly.

It appears to us that USCIS already gives low priority to U-Visa cases. Based on what we see, the agency is not committing many resources to this product line, so cases are getting processed very slowly.Theoretically Trump could direct USCIS change staffing so that U-Visa processing times will get even worse. But we do not believe that is likely. It would be unusual for a president to get involved in that sort of low-level staffing decision. And again, we have no reason to think that Trump will be especially interested in the U-Visa program. Put more bluntly, we think the immigrants who will suffer most are in other categories like those enrolled in DACA.

Theoretically Trump could direct USCIS change staffing so that U-Visa processing times will get even worse. But we do not believe that is likely. It would be unusual for a president to get involved in that sort of low-level staffing decision. And again, we have no reason to think that Trump will be especially interested in the U-Visa program. Put more bluntly, we think the immigrants who will suffer most are in other categories like those enrolled in DACA.

What should you do now?

If you have already applied for a U-Visa you will mostly need to simply wait at this point. As described above, we believe it is relatively unlikely that your case will be impacted. However, remember that Trump has promised many times that he will dramatically increase deportations. Many U-Visa petitioners have one or more grounds of removability. It would be a very, very good idea to consult with an attorney now about the possibility of deportation proceedings. You should plan now – not later – about what you will do if you are placed into proceedings.

If you are planning to petition for a U-Visa, we recommend you do so as soon as possible. There is almost no chance that any immigration laws will get more friendly in the coming four years. The best thing you can do for yourself is to get a strong petition packet filed as soon as possible.

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