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President-elect Donald Trump has been open about the fact that immigration - and specifically deportations - will be a key focus of his administration when he enters office, an effort to curb the influx of migrants who have been arriving in the country in recent years. For those already here, it raises questions about the status of open cases.
We sat down with Boston-based immigration attorney Giselle M. Rodriguez to discuss the most common questions she's been receiving from clients and on social media.
Question: What are the pathways to a green card?
There are different paths to becoming a permanent resident of the U.S. and eligibility will depend on your personal circumstances as well as what country you’re coming from.
"There's family based. There is marriage-based. There are humanitarian options like UVISA, which is a visa for victims of criminal activities. There's a Violence Against Women Act, which also applies to men. And these are all routes that lead to a green card," Rodriguez explains.
But as the system stands now, not everyone is eligible for one of these options, leaving some groups stuck with an uncertain status. Another related question Rodriguez is often asked is why undocumented migrants aren't doing more to change their status
"Most times they already have explored their options, but they have no viable route because they have they don't qualify for humanitarian protection, they don't qualify for family-based, even people who have U.S. citizen children in the U.S."
It's worth noting that there are legal processes that let people enter the country, but their status becomes complex after they are allowed to cross the border, such as if someone overstays a visa or was allowed in through the CBP One program as a visitor but left without long-term status.
Question: How long does it take to get a green card?
For those seeking permanency in the U.S., the green card is the gold standard.
While the U.S. Citizenship and Immigration website says it should only take up to 90 days from the time you enter on an immigrant visa to receive the card, the reality can be very different. Rodriguez says depending on circumstances, cases can take anywhere between one month to three years.
"What's frustrating about this is it's simply how the system is. And it doesn't mean that a case that is processed faster has no issues versus one that perhaps takes longer. There's generally no rhyme or reason why some get processed faster than others," she said.
The process can also be slowed down by mistakes made during the application process or how you entered the country.
Question: Can I work while I wait for a green card?
The immigration process can involve a lot of waiting. A common question Rodriguez gets is whether her clients can legally work while they await approval for a green card.
In most cases, the answer is yes, provided you applied for a work permit. Generally, this is done at the beginning of the process.
"You submit the adjustment, which is the green card application, and you submit the work permit. And this is huge for clients because they want to work," she explains.
Keep in mind that work permits will have expiration dates and require renewal over time. A work visa, which allows you to work for a specific company, is a different document.
States like Massachusetts, where they’ve seen an influx of migrant arrivals, have pushed to streamline the work permit approval process to get people working quickly upon their arrival. Once your green card is approved that work permit is no longer necessary.
Question: What should I bring to an immigration interview?
The in-person interview is high-stakes in the immigration process, because it’s where final impressions and decisions will be made.
Rodriguez warns that no matter how prepared you think you are, it’s best to bring along your attorney, if you have one.
"These officers have a lot of discretion and these people need someone there to back them up in case there is an inappropriate question asked in case in the future we have to appeal their decision. The immigration attorney was there. He took notes. It's just a better route if you're there with your client."
You’ll also need to bring all your supporting documentation, including any necessary English translations, with you to help the process move smoothly.
Question: Who will the Trump administration target for deportation?
Rodriguez says the groups likely to be targeted are those with active deportation orders, those who have been deported in the past and reentered the country, and those with a crime on their record that could make them eligible for deportation.
"Family separation will happen. It not only happened during the Trump administration, it happened in other administrations as well," she warns.
Whatever your legal status, you have rights under the U.S. Constitution. The ACLU and MIRA Coalition offer more information about what those rights are and what to do if law enforcement approaches you about your immigration status.
If you’re worried about being deported, you should know those rights, the details of your case, and if possible, speak with an immigration attorney. And for parents, prepare for a worst-case scenario.
"If you were to get deported, who will your child remain with? Who will have their custody? Talk to schools and give them other emergency contact information in case something happens," she said, describing what she called a family preparedness plan.
Mass. Legal Help offers detailed guides for family emergency planning in several languages on their website.
More on immigration
More immigration resources
Every immigration case is unique. An immigration attorney can provide legal advice for your specific scenario. There are also a variety of educational resources available at the federal and state level.
Massachusetts Attorney General's Office
Massachusetts Office for Refugees and Immigrants
Find legal help in Massachusetts
U.S. Citizenship and Immigration Services
Massachusetts Immigrant and Refugee Advocacy (MIRA) Coalition