Navigating Changes Under the New Administration for U Visa Applicants

The re-election of Donald Trump brings significant uncertainty and even fear for U visa applicants. Drawing from the policies and priorities of Trump’s first term and the anticipated direction of his new administration, this guide explores potential changes, when they may occur, and steps you can take to secure your status. Whether you’re waiting for a U visa or navigating work authorization challenges, taking action is crucial.

We want to share an important message with you and your loved ones: don’t wait to take action. If it’s been more than 90 days since you applied, now is the time to act. With changes to the U visa program expected in 2025, securing your status today could make all the difference for your future and your family’s peace of mind.

What Changes Are Likely to Happen?

The Trump administration was known for creating “invisible walls” in the immigration process, implementing policies that slowed approvals, increased scrutiny, and limited benefits. These changes were often indirect but had far-reaching impacts. Here’s what could resurface:

The Future of Bona Fide Determinations (BFDs)

BFDs allow U visa applicants to obtain temporary work authorization and deferred action while waiting for their final U visa approval. However, these are based on policy memos rather than federal law, making them vulnerable to being rolled back. Eliminating BFDs could:

• Block applicants from getting new temporary work authorizations.
• Prevent existing BFD holders from renewing their work authorization.
• Limit access to deferred action protections.
• Increase deportation risks for individuals without other legal safeguards.

If you’re currently benefiting from the BFD, there’s no need to panic—we don’t expect these benefits to disappear immediately. And, there will be action you can take to get a waiting list decision if the BFD is removed.

Longer Processing Times

Historically, Trump’s administration made procedural changes that led to significant delays in visa processing. For U visas, which already face a backlog of over 17 years, additional delays could further complicate the process.

Increased Risk of Deportation

Trump’s administration previously emphasized enforcement, often leveraging fear in immigrant communities. While legal protections like due process remain intact, applicants without BFDs or deferred action may feel increasingly vulnerable to removal actions, even if actual deportations are less common than feared.

When Can We Expect These Changes?

While changes won’t happen overnight, the transition to a new administration signals potential shifts in immigration policies. Here’s a timeline to anticipate:

Early 2025:

• Political appointees will establish new immigration priorities, possibly targeting discretionary programs like BFDs.
• Discussions around stricter enforcement and procedural reforms may emerge.

Mid-2025:

• Policy memos may change, affecting how work authorization and other benefits are handled..
• Operational changes could lead to lengthened adjudication timelines.

Late 2025 and Beyond:

• Full implementation of new policies may take effect. However, litigation and procedural safeguards could delay or soften the impact of these changes.
• Ongoing lawsuits may maintain protections for individuals with existing benefits, such as valid work authorizations.

It’s worth noting that we expect existing benefits, such as work authorization obtained through BFD, to remain valid until their expiration, even if the program itself is altered.

How You Can Prepare Yourself

With uncertainty ahead, the best way to protect your immigration status is to act now. By being proactive, you can minimize the risk of losing vital protections and benefits.

Secure Your Work Authorization

If you are eligible for a BFD and haven’t applied yet, now is the time to act. (Find out if you’re eligible here). Work authorization granted through BFD provides not only financial security but also deferred action that can pause removal proceedings.

Address Delays with Litigation

For those waiting on U visa adjudication for years, litigation is a proven tool to expedite processing.

Why consider it? Lawsuits can resolve long-standing delays in as little as 60 days.

Is it safe? Contrary to fears, lawsuits cannot be used against you. Retaliation for filing is both illegal and rare.

How to get started? We offer tools to help you file lawsuits independently, saving you time and resources while achieving results. Check out our services.

Protect Your Family with Legal Tools

If you have family members abroad, consider using legal actions like overseas parole to bring them closer. While USCIS lacks formal processes for these cases, litigation can help bridge the gap and reunite families.

Stay Informed and Seek Support

Knowledge is power. By staying up to date on immigration policies and using resources like our "When Is Your U Visa Coming?" tool, you can make informed decisions. You don’t have to navigate these changes alone—partnering with supportive services ensures you’re equipped for what lies ahead.

Easing Common Fears

Fear often surrounds discussions about immigration changes, but understanding the legal protections in place can provide reassurance:

Due Process Protections: Any changes to programs like BFD must follow legal procedures, ensuring that benefits cannot be revoked immediately.

Deferred Action: If you currently have BFD or another form of temporary benefit, you’re shielded from sudden deportation.

Lawsuit Safety: Filing a lawsuit to expedite processing does not impact your approval chances or increase the risk of denial.

As Brad Banias noted during one of our latest live sessions, “The sky did not fall during the last administration, and I don’t expect it to fall this time.” While uncertainty may feel overwhelming, legal safeguards and resources remain available to protect you.

Take Action Today

The time to act is now. Waiting for policy changes to take effect could mean losing access to critical benefits like work authorization or deferred action. Pro Se Pro is here to help you take control of your immigration journey.

Start With Our Eligibility Quiz

Our eligibility quiz helps you determine if your USCIS application qualifies for expedited processing or other legal services. If eligible, you could see results within weeks instead of years.

By partnering with us, you’ll gain access to proven tools and resources designed to empower you in securing your immigration status.

Change is coming, but with preparation and the right support, you can navigate it successfully. Whether it’s securing your BFD, expediting delays through litigation, or reuniting with family, we’re ready to stand with you every step of the way. Take action now to ensure you’re prepared for whatever lies ahead.

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