Every year, thousands of individuals seek to immigrate to the United States. In New York alone, there are countless people undergoing the strenuous and time-consuming process of immigration into this country. After the recent election, it is more important than ever to understand New York immigration laws and review any potential changes that could be made as the new administration prepares to take over.
With President Trump’s upcoming return to office in 2025, there will likely be a shift toward more restrictive immigration rules and regulations. These rules and regulations may be similar to his previous term’s policies and, possibly more expansive. Now, more than ever, it is essential that individuals seeking potential immigration to the United States understand how the federal laws govern New York immigration and how to prepare for any new regulations.
At Pollack, Pollack, Isaac & DeCicco, we pride ourselves on being one of the oldest immigration law firms in New York City and are here to ensure you have all the information you need regarding immigration heading into 2025.
The Basics of New York Immigration Law
Because immigration is governed at the federal level, states are typically not allowed to pass their own immigration laws; however, they can pass their own legislature that can affect benefits available to those with immigration status once they are a resident of the state. In order to legally enter the US and the state of New York, the individual must carry a valid visa. This visa can be granted to students, those seeking asylum, and those working in the States.
The steps towards permanent residency in the immigration process differ greatly based on the kind of visa you have. Common requirements across many different types of visas include living in the United States for a period of time.
Immigration applicants for permanent residency must be upstanding individuals, meaning they must not have any criminal charges or convictions pending. This means that you will have to undergo interviews and background checks. Regardless of what visa you have, obtaining permanent residency involves following guidelines, filing paperwork with the court, and attending interviews and hearings.
If you are an immigrant living in New York, it is essential that you understand the state laws surrounding immigration. Having an attorney to guide you through the understanding of both federal immigration laws and state immigration regulations is imperative, as they can be complex and confusing.
Anticipated Changes in Immigration Law for 2025
With the new presidential administration taking over in January, there are several anticipated changes to immigration law that may prove vital for you to understand so that you can plan for how these changes might affect you and your current immigration status. A few anticipated changes to immigration law in 2025 include the following:
- Policies Based on Heightened Security and Enforcement: First and foremost, it is expected that there will be a heightened focus on the enforcement of immigration law in the United States in 2025 and beyond. This can include stricter requirements for those seeking immigration and those already residing in the United States who are seeking permanent residency, along with a heightened investigation of visa applications.The Trump campaign has hinted at increasing investigations and enforcement actions conducted by US Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS), which could affect federal immigration laws as 2025 begins.
- Increased Costs, Filing Requirements, and Application Processing Times: Due to these anticipated changes in immigration policies, the processing times for documentation such as visa applications and employment authorizations might slow as government entities work to apply stricter reviews. There may also be an increase in Requests for Evidence and application denials for those seeking asylum, immigration, and visas.With the potential for these new immigration regulations to be pursued in 2025, you may expect potential delays and increases in costs for obtaining these forms of documentation.
- Restricted Access to Immigration: The Trump campaign has highlighted the desire for certain potential restrictions for legal and illegal immigrants. This can include a focus on visa limitations, pulling back funding for certain humanitarian aid, and the reconsideration of certain programs, like Deferred Action for Childhood Arrivals (DACA).
FAQs
A: There are several ways you can plan ahead for any potential changes that will be made to immigration laws in 2025. This can include budgeting for increased costs of obtaining or maintaining certain forms of documentation, such as visas. Stay informed on any legal developments that might apply to your situation and work with legal immigration counsel.
A: Yes, New York has a long history of welcoming immigrants into the United States, as it is home to Ellis Island. Immigrants help bolster the economy in New York and allow the state to experience economic revitalization. As the world continues to see refugee crises, New York works to welcome individuals seeking asylum and immigration.
A: Yes, there are several benefits available to immigrants in New York state, depending on their immigration status. Legal immigrants, such as those seeking green cards or asylum, are eligible for SNAP benefits or food stamps, certain forms of Medicaid, and cash assistance, to name a few. Even undocumented immigrants are able to seek cash assistance.
A: Currently, the NY Assembly Bill 9612 allows undocumented students to have access to in-state tuition and limited access to scholarships and state financial aid. This same access is awarded to students who received their status under Deferred Action for Childhood Arrivals. There are still specific qualifications that must be met in order for students to receive these benefits.
Looking Forward With Pollack, Pollack, Isaac & DeCicco
If you find yourself concerned about the potential changes to New York immigration law in 2025 under the incoming presidential administration, Pollack, Pollack, Isaac & DeCicco is here to help. Contact our offices today and allow us to work with you to navigate any upcoming changes to immigration law in 2025.
About The Author
Conrad E. Pollack
Conrad E. Pollack is the Managing Partner and Director of Immigration at Pollack, Pollack, Isaac & DeCicco, LLP. He graduated Magna Cum Laude from New York University and earned his J.D. from Brooklyn Law School. With over three decades of experience in immigration law, Conrad has helped countless clients achieve their American Dream. Under his leadership, PPID has expanded significantly, opening new offices in Peekskill and Brooklyn, NY. He is a member of the American Immigration Lawyers Association and has been recognized for his professional excellence with numerous awards and distinctions.
Education: Magna Cum Laude graduate from New York University; J.D. from Brooklyn Law School.
Awards: Recipient of numerous professional excellence awards.
Memberships: Active member of the American Immigration Lawyers Association.
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