US & CANADA: IMMIGRATION CORNER – Filing family petitions before Trump ends ‘chain migration’ By Michael J. Gurfinkel, ESQ
Pres. Trump wants to eliminate “chain migration,” which allows people to petition extended family members, such as brothers and sisters, married children, adult (over 21) children, and even parents. The only family-based petitions that would remain would be for spouses and minor children of US citizens or green card holders.
The president further wants to replace our current immigration system with a merit-based system, that prioritizes skills and economic contributions over family connections. In other words, the president wants to cut back on family petitions, and focus more on a point system for skilled employment-based green cards.
Right now, these are only proposals, and not yet law. However, if a person can file these family-based petitions, they should seriously consider doing so while it is still possible. I fully realize that some petitions, such as brothers and sisters of US citizens, can take up to 30 years. Other family-based petitions can take 10 or more years. But it is possible the waiting time could be shorter eventually, and if you don’t file the petitions while you’re able to, and if these proposals become law, you will lose the opportunity to do so in the future.
The same consideration should be given in connection with unskilled jobs, such as caregivers, as President Trump believes low-skilled immigration has suppressed wages of US workers, fueled unemployment, and has strained federal resources. Again, if there is an opportunity to petition a caregiver, or be petitioned as a caregiver, a person should seriously consider that while it is still available.
I know times are tough and pathways to legalization are becoming more difficult. That is why you should consult with an attorney, who can advise you of possible avenues and options available to you, while they still exist, and before Pres. Trump eliminates them.
Michael J. Gurfinkel has been an attorney for over 35 years and is licensed, and an active member of the State Bars of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different and results may depend on the facts of the particular case. The information and opinions contained herein (including testimonials, “Success Stories,” endorsements and re-enactments) are of a general nature, and are not intended to apply to any particular case, and do not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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The Philippine Star
January 7, 2018 – 12:00am
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