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接下来该怎么办?我作为移民律师,来跟你聊聊。

商业律师 5 回答
Okay, here's a human-sounding summary and breakdown: Hey everyone, I'm an immigration attorney who's been reading this sub for a while. I wanted to share my thoughts on some common concerns, but please remember this isn't legal advice, and you should always talk to your own lawyer. **Here's what I think about some big questions:** 1. **Will DACA end?** Probably not. A lot of money is tied to DACA recipients, and the legal challenges involve constitutional rights, which are hard to change. It's more likely they'll use it as a political tool. 2. **I-131F PIP?** It's been revoked as of today. 3. **Will there be mass deportations?** Highly unlikely. It's logistically impossible to deport 11 million people with the current number of officers. Plus, many undocumented people have pending applications or permits. Even if they try, they have to follow procedures, and mistakes can get deportations reversed. 4. **ICE roundups?** They still happen, but they have to follow procedures. 5. **Denaturalization or ending birthright citizenship?** See #1 and #3. 6. **What's likely to happen in January?** Prosecutorial discretion in deportation cases will probably end, meaning DHS attorneys will have to pursue every case. 7. **What about pending USCIS cases?** USCIS is understaffed, so they'll probably try to process as many I-485s and N-400s as possible before January. Fees might increase later. 8. **Should I file my case now?** Talk to a lawyer. If your case is straightforward, a pro bono organization might be able to help. 9. **Can green cards be taken away?** Yes, but it's not easy. USCIS has to issue a notice and give you a chance to argue your case. They're also backlogged, so lawyers can use lawsuits to speed things up. 10. **What if they ignore the rules and try to deport everyone?** We'll deal with it if it happens. They'll likely try to change the social and political climate first. Start by educating yourself and others, breaking bad patterns, and raising good kids. 11. **I want to leave the US.** I can't help with that. 12. **So, what now?** I believe good will win. They're counting on you giving up. 13. **I'm glad this is happening. We need stricter laws.** Why are you even here? **Additional Points from Questions:** * **Operation Wetback?** Crackdowns still happen, but processing deportations takes time and resources. * **What will happen to my application?** Unless the law changes, your case will proceed as normal. They might use hateful rhetoric, but money talks. * **Family/Employment petitions?** They probably won't change much. Big companies rely on employment-based visas. * **I'm scared.** That's the point. Use that fear to motivate change. * **I came here "the right way..."** DM me for empathy resources. **Final Points:** * **Why the push to adjudicate AOS/N400?** It happened in 2016 after the election, to process as many applications before increased fees. N-400s are easy to process and get them off the officer's plate. * **I-130s with priority dates?** Complex, varies by type, country, and office. Nothing changed so far, go by visa bulletin. Lawyers can expedite with good reasons, or threaten lawsuits. Consular processing is on their own timeline. Delays? They might slow things down, but litigation is possible. * **Student/Business visas?** No experience in that area. * **Asylum? Title 42?** Too soon to tell. Backlogged, some offices may "stall" decisions like in 2018. * **ICE rounding people up?** Priority: people with removal orders (especially due to criminal convictions) or deportable crimes. Some hearings may be asylum, no crim issues. There are still options to fight a deportation. * **What if [scary scenario]?** They are banking on anxiety and uncertainty. There is love and community. Hope this helps! I'll try to answer as many questions as I can. I am one person trying to do my job and support my family. I'll answer requests over the weekend.
回答次数 (5)
山河剑心
# 5
I very much appreciate your candor and I am glad I found your post. I have been searching for ways to relieve my anxieties related to the election results, and the future of our country. Now that my worries have subsided somewhat, I am looking for ways to help. I have no experience related to immigration issues and I am just one person who has spent many years helping those with addictions and their recovery efforts. But what I do have is motivation to help others in any small way. I am a professor of psychology, excellent writer, and someone with a heart that extends beyond normal limits. I just need to do something! I live in Arizona, two hours north of Phoenix, and yes I work a lot but have time to review, edit docs or send letters, or whatever it takes. My anxiety has been replaced by action because that is how we move forward.
天涯共此时
# 4
Regarding DACA, I keep seeing on social media that Trump could end daca his first day of office. And renewals will stop and those who have work permits will expire out.

But… it’s currently in the hands of the courts right now? Isn’t it. Once the 5th circuit rules DACA unconstitutional. It will go to the Supreme Court.

But if 5th Circuit rules in Feb (after Trump takes office), will it then NOT go to the Supreme Court? Bc now Trump will not appeal? And DACA will end at the hands of 5th circuit court ruling?

Or no matter what happens, it will go to the Supreme Court and we’ll get a decision in late 2025 or 2026.

My question is, who will appeal to the Supreme Court once 5th circuit strikes DACA down?

Worst case scenario is everyone who holds DACA can at least renew (for a 2 year permit) at least 1 more time before the Supreme Court can rule. Is that correct?
M
Morris
# 3
Thank you for your time, this is very helpful!
If at any point you are able to take more questions, I have a couple:


I know a lot of people on F1 status and F2 for their family members who came legally to the USA as turists and filed a COS to F1. With the approved of COS they have been in the country years with their families, actively studying while their EB2 applications are being processed as they need to arrive legal to be able to adjust status to LPR in the USA once approved and the visa bulletin becomes current. I hear he want to get them all out (those awaiting an immigrant petition). Do you think this will happen? This applies too to other family members of us citizen waiting on. A I-130 to be approved.
Daca has not been taking new initial applications for years. If they keep the program, what’s your opinion on them taking new initial applications?
Will processing tourist extensions and changes of status through form I-539 be a thing that they will look into canceling? I ask before this is USA and buy
time here legally while awaiting on an immigrant petition.


Thanks for your time again!
S
SmoothIce
# 2
probono organizations may be able to take your case,


Accredited representative with a nonprofit organization here. At least in my area, ALL of the organizations are at capacity pretty much ALL the time. Some keep waitlists; many do not. Most limit the intake line—open the phone line one day a week until they get the 50-100 calls or do so they can do their consults for the week and only a few of those they take, based on case selection criteria.

People call us constantly—both from the detention center and non-detained—because they call the EOIR pro bono list and can’t get through, get put on hold for an hour and get dropped, leave messages that don’t get returned, etc. They are desperate. No shade on those orgs that are on that list. Those are our colleagues! And really there is no other way to do it. The demand just vastly outweighs the capacity.

And I’m in California where many of the organizations have funding from the state government. I can’t even imagine that it’s like in other states where there is no state support and they are having to rely exclusively on private philanthropy, foundation grants, and service fees.

We nonprofits are in dire need of competent and reputable immigration attorneys in private practice to refer folks to who will not take advantage of their vulnerability!
说了抱歉
# 1
As a CIS officer, I have tried to break this down for people about how back logged everything is. How few officers there are to process things. Even if "price" isn't on the table as it's started saying, this isn't as simple as just signing an EO. I play a lot of catch-up for a lot of backlogged processes. I have seen court cases being scheduled out to 2026 and 2027 (and a few in 2028).

We are a litigious country and often for good reasons. This whole issue is being sold as a simple statement, but it's an insane amount of work to even try. As you said, funding it would break the bank to hire people to round up people. Let alone try and separate who is and isn't "legal." Then countries have to accept deported individuals back. We can't just kick people out with nowhere to go legally. Then there's accounting for holding people, guarding, moving, feeding, legal fees, etc. And that's all separate from having enough people to process the paperwork.

Bureaucracy in and of itself is complicated for precisely this reason. It's hard to do anything on a large level. And for a governmental level, it's even harder. The number of paper pushers like myself is a safe guard for both sides. It makes things take longer and can punish both sides by being so difficult as well. It makes it harder for institutions to be short cutted. The laws, the paperwork, the people to handle both, and the people to argue with each other over the paperwork all create road blocks to major changes like this.

I'm not saying it can't or won't be done. But by the time we get the paperwork settled, it will probably (hopefully) be someone else in the oval office.

Trust in our legal systems and work with lawyers if you can. This is from someone on the side of the lawyers ire usually. And please, for anyone out there with an interest in law, please consider immigration law. We need more lawyers and judges out there in the best of times. We need them even more now.
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