The Only 2 Green Cards Trump CAN’T Touch (For Now)

Since Trump returned to office, the rules for getting a green card have now changed and the rules may not be changing in your favor. Cases that one sees to move forward without any problem are now being denied, delayed, and even sent to court. So for many people, the path that they were relying on to keep them safe may no longer be that way.

But what most people don't realize is there are still two green card options that still have not been touched by the policies and that more people qualify for these two types of green card than they might realize.

So if Trump is making it more hard to get a green card, what options are left?

Getting A Green Card is Harder Than Ever

As most of you have probably heard, Trump has already ordered USCIS to start targeting more types of family-based and marriage-based green card cases, denying some applications and even sending them straight to court. Officers are looking harder for so-called red flags in marriage cases including age discrepancies, residency discrepancies, and past application filings. Couples are getting called in for tougher interviews.

This means that cases that used to feel a routine and low risk no longer carry that same ease and now actually carry a much greater chance of either getting denied or having people sent to court. I just did a video detailing all of these changes. I will link it here if you have not seen it yet.

As for asylum, it was already a long, uncertain process even before Trump took office. And now with his new policies, it's going to get even worse.

They've started charging higher fees for applications and work permits, detaining asylum seekers, canceling cases that are already in process, and dismissing thousands of older cases, cutting off people's dreams overnight. U visas have also taken a major hit.

The protections that used to keep people safe while they were waiting are no longer in place.

There are reports of people with pending new visas being detained, and the backlog is around 300,000, which means that if you qualify, you might be waiting 15 to 20 years for an approval.

And while it is still possible to get a green card through programs such as the EB1A for Extraordinary Abilities and the EB2 for Skilled Workers, the EB2 National Interest Waiver, or the EB5 Investor Visa, these only work for a small number of people. So for most immigrants, these are just not realistic options.

Safe Green Card Option #1

So if most of the usual options are being made more difficult, what is left? Well, I have good news because there are still two pathways to green cards that the Trump administration has not touched. And the first one can be life-changing.

It's a program that's operating largely the way that it always has, and it's open to many more people than they realize, even those with serious immigration violations in their past. And not only could it get you a green card in less than five years, it could also put you on the pathway to citizenship.

It can also:

• Possibly get you a work permit while your case is pending
• Help get you a social security card
• Give you the ability to travel outside of the country once it's approved
• Grant status to your spouse even if they are undocumented or if they entered unlawfully
• Grant status to your children so that they could safely live with you
• Grant you deferred action to protect you against removal
• Forgive things such as unlawful entry, the permanent bar, false claims to U.S. citizenship and fraud and misrepresentation

And you do not need to leave the United States in order to get this approved. So what am I talking about? That is the T visa. The T visa is a form of legal protection that has been put in place by Congress in order to protect persons who have been forced to provide labor or services.

However, I want to emphasize that being forced to provide labor or services can include so many things such as being threatened, being punished, and being controlled into a situation that leaves you destitute.

Some examples include an employer who underpays you, won't let you take breaks, or get access to medical care when you're hurt, or threatens to call immigration or the police if you complain.

A partner who demands that you cook, clean, and basically act like their servant, a partner who controls you and gets you to work through the use of violence or other threats, or someone who brought you here and then forces you to work or cook or clean in order to pay them back.

Even if the person who did these things to you is no longer alive or this happened a long time ago, those two things do not limit you or prevent you from being able to file for a T visa. And you do not need a police certification in order to be approved.

Although there is a requirement for law enforcement reporting, there is no requirement the law enforcement agency sign any certification for this case, which is quite different from the U-Visa case.

So if any of the things that I have mentioned sound familiar to you, then you might simply qualify for status through this, which could lead you to a green card and put you on the pathway to citizenship. This is one of the few legal pathways to status that has still not come under attack underneath Trump.

Safe Green Card Option #2

There is also another path that is still untouched and still safe, and it can even be a faster pathway to a green card. It's been part of U.S. law for decades, and the president cannot end this program with the stroke of a pen. This path can work even if you enter the United States unlawfully and sometimes even if you have something called a permanent bar. And it can even work even you have a deportation order.

In addition, it can also put you on track for a green card in three to four years, get you a work permit in a year or less, protect your children, and in some cases, help them get their own green cards, and forgive many other immigration issues that would otherwise block approval of residency.

You can file it all by yourself as long as you meet the requirements and it is completely safe and your application is confidential. So what is it? It's VAWA, the Violence Against Women's Act. And despite the name, this is also for men and also for parents of U.S. citizens.

VAWA is designed for people who have been emotionally or physically hurt by U.S. citizen relatives, such as a U.S. citizen spouse or a U.S. citizen child who is at least 21 years old. And in addition, if your spouse is a green card holder who has hurt you emotionally or physically, then you may also qualify for VAWA.

Moreover, if you are the child of a U.S. citizen who has been hurt by them, then you may also qualify for VAWA. If your U.S. citizen relative has used fear, the threats of deportation, intimidation, aggression, physical violence, or other forms of emotional control to harm you, then you may qualify. And the best part about this is that you do not require for them to sponsor you in order to get a green card. Underneath VAWA, harm that you have suffered at their hands does not include just physical violence.

It can be things such as:

• Controlling your daily movements and activities
• Isolating you from friends or family
• Insulting you
• Threatening to call immigration
• Threatening to call the police
• Withholding financial support
• Sabotaging your immigration case ny refusing to go to the interview or refusing to help provide documents

And here's a surprise most people don't know about. You may be approved for VAWA with little to no evidence of what you have gone through because the standard of evidence in this case is any credible evidence which includes your own testimony through your statement. This is where it is very important to tell your story about what has happened to you through your own words. And many of my clients have won their cases on their affidavit alone.

So if you are living in a situation like this, VAWA may be a safe option for you. And right now, VAWA is still working exactly the way it used to before Trump.

My name is Moumita Rahman and I have been practicing immigration law for the past 15 years. T-Visa and VAWA cases are what I do every day. And we have helped get cases approved where other lawyers have said that they were not possible.

I have also helped clients get cases approved on their affidavat alone because we understand the factors that USCIS is looking for in order to approve your case, and we know how to present everything the way that is required.

If you have questions or you would like to find out if you qualify for VAWA or for a T visa, give our office a call for a confidential case evaluation at 212-248-7907.

Even though I'm based here in lovely New York, we have clients all over the United States, so don't feel shy to give us a call if you're looking for excellent legal representation. And if you want to understand the next steps between these two options, choose one of these videos linked.

One dives deep into the T visa, and I share seven important things that most people don't know, including what to do if you have no proof. The other video reveals valid secrets that other lawyers will not tell you about, strategies, and insights that could mean the difference between denial and approval. Click now and I'll see you there.