Effects of Biden Presidency on Fiancee, Spouse + Green card Immigration

President Trump promised a “Wall” to reduce immigration. While only partial progress on a concrete and steel wall was accomplished, great strides were made in limiting legal immigration via a paper wall of stringent policies that greatly increased the complexity and difficulty of passing through the immigration process.

President-Elect Biden has yet to take office, however I do expect that within the first hundred days of his taking office, deliberate executive action will be taken in an attempt to unravel the “Trump effect” on immigration.

This is GOOD news for Applicants.

Today I am going to forecast how I expect the Biden Administration’s occupancy of the White House to affect your application.

President Trump vowed to reduce immigration. And he was successful.  Over 450 executive and administrative adjustments, both major and subtle, were made to toughen immigration rules and procedures. He instituted extreme vetting, where all applicants are more highly scrutinized than ever before, Banned entire countries from being allowed visas to the USA, added tighter Public Benefits eligibility requirements which created a virtual “wealth test”, and instituted a pervasive organization wide culture change in the way that USCIS views and treats immigrants.

United States Citizenship and Immigration service (USCIS), once viewed immigrants as its clients, to be served. It’s officers traditionally believed they were following a pro-immigrant, humanitarian mission. The mission was to help refugees escape persecution, American Companies bring in needed talent, and reunify families with their loved ones.

Many officers initially joined USCIS in order to pursue that noble mission. In the recent four years many of these same officers, disillusioned, have resigned, as under Trump, the priorities changed from helping eligible immigrants come to the USA,  to finding ways to keep them out.

In 2018, under the Director selected by Trump, USCIS’s official mission statement was drastically altered. Removed were references to a “nation of immigrants” and to immigrants as “customers” whom the agency serves.  Now the mission statement basically reads “enforce immigration laws”. Immigrants are no longer customers, now they are suspects. USCIS’s Budget for fraud prevention and detection doubled between 2016 and 2020

Here’s my forecast of what’s going to happen after President-Elect Biden takes office..

#1 New USCIS Director

To reverse the current “anti-immigrant” culture at USCIS will require a top down management change. That will start when President-elect Biden  chooses a new director of USCIS, and assigns him or her the mandate to return USCIS to it’s prior mission of treating immigrants as clients, not adversaries, and working towards assisting them navigate lawful, and proper immigration. With new top down guidance, USCIS should relax it’s restrictionist “extreme vetting” and move to return to its earlier, more Humanitarian mission.

#2 End of Immigrant Harassment

While detailed and proper screening of applicants is reasonable, unfortunately in recent years the application review process has deteriorated from normal and expected due diligence into in essence, in many cases, deliberate  harassment. Requests for evidence ( RFE’s) were frequently issued for non-material reasons.

Cases were denied for similarly trivial issues such as leaving fields that were not applicable, blank. Or incorrectly writing not applicable as NA vs N/A.

Revised Forms with no real modifications,  would be announced and instead of giving adequate time usually one or two months for applicants to change over to the new versions, only One, single,  day notice was given. And the applications that were already in the mail which had used the earlier nearly identical version, and which was the correct one to use on the day of mailing,  were rejected.

Cases that previously would not require an interview, would be held and delayed many months awaiting availability of already overworked and limited interviewing staff.

For a few months this summer, even cases which had successfully gone through the entire tedious process, including interview and official APPROVAL, were put on hold, waiting many months for the printing of their approved work, travel and green cards. A long term contract USCIS had with the printing company had expired. And even though the contract’s expiry date, and need for replacement was known, long, realistically years in advance, no action on USCIS’s part to replace the contract and obtain alternative printing was taken, at least not until a court order forced USCIS to take proper action.

This change of attitude will rely on the New top management at USCIS. Their leadership will be critical to return USCIS to a culture of helping immigrants versus holding them back.

#3 Faster Processing

Less energy wasted by USCIS staff seeking excuses to delay individual cases, will result in more efficient, smoother and overall faster processing of cases.

#4 Lower Denial Rate

With restriction of immigration no longer being the guiding rule of the day, expect the cases that were previously denied due to trivial and non-material issues, or which were not given opportunity to clarify and justify misunderstandings now should receive a fairer hearing, and the approval rate should rise accordingly..

#5 Fee increase to be adjusted downwards

USCIS does not receive taxpayer dollars to pay for its operations. Instead it is self funded by the fees it charges immigrants. Originally to be effective on October 2, USCIS had requested an overhaul of its fee structure. The fees for some applications such as green cards and US citizenship went through the roof, they increased tremendously.

At the moment, this fee increase is temporarily on hold, halted by a court injunction.

The new fees requested are calculated based on what USCIS feels is needed to pay for its operations. I expect that under the Biden Administration the future, “user friendlier” USCIS, will find that since less time and energy is wasted, deliberately trying to obstruct the immigration process, that their operations will be more efficient, and less costly. Once the cost accountants do the math again, the fee increases needed may be found unnecessary, or only a smaller increase is needed.

#6 End to “Trump” or “Muslim” Travel Ban

The so-called “Muslim ban” that bans the issuance of visas to the USA from citizens of 15 countries, Chad, Eritrea, Iran, Iraq, Kyrgyzstan, Libya, Myanmar, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela and Yemen will be lifted.

#7 Public Benefits “wealth test” Dropped

The most effective stumbling block to Legal immigration, to come out of the Trump administration was the broadening of the definition of what constitutes a public benefit. This new definition has been used to make it much more difficult for an immigrant to be deemed eligible to receive a green card and permanent residency in the USA. Not only are applicants required to prove that they never received public benefits, but must also convince the officer that in the future, no matter what happened, they would not possibly, conceivably, never, ever need public benefits forever into the future. This “wealth test”, and it’s extremely complicated resulting application paperwork will be removed or at very least greatly relaxed.

How Soon for these changes to happen ?

Immigration is not a hot-button issue for President-elect Biden as it was for President Trump. After the first few popular and headline grabbing executive orders are announced, namely dropping of the “muslim ban” and :”wealth test”, and appointment of a new USCIS Director, the rest of the job to reverse  the “Trump effect” will most likely be left in the hands of the newly appointed USCIS management.

We all hope President-elect Biden chooses the new USCIS Director well. This choice will determine how fast and how well the intricate unraveling of so many changes, procedures, policies and overall mentality that the Trump administration injected into US immigration takes place.

It’s going to take time. It may take years, and perhaps more than one administration to get back to where we once were.

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